 bill no 1 of 2012 the government of union territory of andaman and nicobar islands bill, 2012 byshri bishnu pada ray, mp arrangement of clauses part i preliminary clauses1 short title and commencement 2 definitions part ii legislative  assembly3 legislative assembly and its composition 4 qualifications for membership of legislative assembly 5 duration of legislative assembly 6 session of legislative assembly, prorogation and dissolution 7 speaker and deputy speaker of legislative assembly 8 speaker or deputy speaker not to preside while a resolution for his removal fromoffice is under consideration9 right of lieutenant governor to address and send message to legislative assembly10 special address by the lieutenant governor 11 rights of ministers as respects legislative assembly 12 oath or  affirmation by members 13 voting in legislative assembly, power of assembly to act notwithstanding vacanciesand quorum14 vacation of seats 15 disqualifications for membership 16 disqualification on ground of defection 17 penalty for sitting and voting before making oath or affirmation or when not qualifiedor when disqualified clauses18 powers, privileges, etc of members 19 salaries and allowances of members 20 exemption of property of the union from taxation 21 restrictions on laws passed by legislative assembly with respect to certain matters 22 special provisions as to financial bills 23 procedure as to lapsing of bills 24 assent to bills 25 bills reserved for consideration 26 requirements as to sanction, etc 27 annual financial statement 28 procedure in legislative assembly with respect to estimates 29 appropriation bills 30 supplementary, additional or excess grants 31 votes on accounts 32 authorisation of expenditure pending its sanction by legislative assembly 33 rules of procedure 34 official language or languages of the union territory and language or languages tobe used in legislative assembly35 language to be used for bills, act, etc 36 restriction on discussion in the legislative assembly 37 courts not to inquire into proceedings of legislative assembly part iii delimitation of constituencies38 election commission to delimit constituencies 39 power of  election commission to maintain delimitation orders upto date 40 elections to the legislative assembly part iv certain provisions relating to lieutenant governor and ministers41 matters in which lieutenant governor to act in his discretion 42 advice by ministers 43 other provisions as to ministers 44 conduct of business 45 duties of chief ministers as respects the furnishing of information, etc to thelieutenant governor part v miscellaneous and transitional provisions46 consolidated fund of the union territory 47 contingency fund of the union territory 48 audit reports 49 relation of lieutenant governor and his ministers to president 50 period of order made under article and approval thereof by parliament 51 authorisation of expenditure by president 52 contracts and suits 53 power of president to remove difficulties 54 laying of rules before legislative assembly 55 amendments to the constitution 56 amendment of section 27a of act 43 of 1950 bill no 1 of 2012 the government of union territory of andamanand nicobar islands bill, 2012 byshri bishnu pada ray, mp a billto provide for the creation of a legislative assembly for the union territory of andaman and nicobar islands and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-third year of the republic of india as follows:— part i preliminaryshort title and commencement51 (1) this act may be called the government of union territory of andaman and nicobar islands act, 2012(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 appointed for different provisions of this act and any reference in any such provision to the commencement of this act shall be construed as a reference to the coming into force of that provisiondefinitions2 in this act, unless the context otherwise requires,—(a) "article" means an article of the constitution;(b) "assembly constituency" means a constituency provided under this act for the purpose of election to the legislative assembly;(c) "election commission" means the election commission referred to in article 324;5(d) "legislative assembly" means the legislative assembly of the union territory of andaman and nicobar islands;(e) "scheduled castes" in relation to the union territory means such castes, races or tribes or parts of or groups within such castes, races or tribes as are deemed under article 341 of the constitution to be scheduled castes in relation to that union territory;10(f) "scheduled tribes" in relation to the union territory means such tribes, races or parts of the groups within such tribes or races as are deemed under article 342 to be scheduled tribes in relation to the union territory; and(g) "union territory" means the union territory of andaman and nicobar islands part ii legislative assembly153 (1) the total number of seats in the legislative assembly to be filled by persons chosen by direct election from territorial constituencies shall be thirtylegislative assembly and its composition20(2) for  the purposes of election to the legislative assembly, the union territory shall be divided into single-member assembly constituencies in accordance with the provisions of part iii in such manner that the population of each of the constituencies shall, so far as practicable, be the same throughout the union territory25(3) seats shall be reserved for the scheduled tribes in the legislative assembly, and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats in the assembly as the population of the scheduled tribes in the union territory bears to the total population of the union territory and the provisions of article 334 shall apply to such reservationexplanation—in this section, the expression "population," means the population as ascertained in the last preceding census of which the relevant figures have been published:30provided that where such figures have not been published, then for the purposes of elections for the constitution of the first legislative  assembly under this act, the provisional figures of the population of the union territory as published in relation to the 2011 census shall be deemed to be the population of the union territory4 a person shall not be qualified to be chosen to fill a seat in the legislative assembly unless he—qualifications for membership of legislative assembly35(a) is a citizen of india and makes and subscribes before some person authorisedin that behalf by the election commission on oath or affirmation according to the form set out for the purpose in the schedule;(b) is not less than twenty-five years of age; and (c) possess such other qualifications as may be prescribed in that behalf by orunder any law made by parliament40duration of legislative assembly5 the legislative assembly, unless sooner dissolved, shall continue for five yearsfrom the date appointed for its first meeting and no longer and the expiration of the said period of five years shall operate as a dissolution of the assembly:45provided that the said period may, while a proclamation of emergency issued under clause (1) of article 352 is in operation, be extended by the president by order for a period  not exceeding one year at a time and not extending in any case beyond a period of six months after the proclamation has ceased to operate6 (1) the lieutenant governor shall, from time to time, summon the legislative assembly to meet at such time and place as he thinks fit, but six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next sessionsession of legislative assembly, prorogation and dissolution  5(2) the lieutenant governor may, from time to time,—(a) prorogue the assembly; (b) dissolve the assembly10speaker or deputy speaker of legislative assembly7 (1) the legislative assembly shall, as soon as may be, choose two members of the assembly to be respectively speaker and deputy speaker thereof and, so often as  the office of speaker or deputy speaker becomes vacant, the assembly shall choose another member to be speaker or deputy speaker, as the case may be(2) a member holding office as speaker or deputy speaker of the legislative assembly—(a) shall vacate his office if he ceases to be a member of the assembly;15(b) may, at any time by writing under his hand addressed, if such member is the speaker, to the deputy speaker, and if such member is the deputy speaker, to the speaker resign his office; and(c) may be removed from his office by a resolution of the assembly passed by a majority of all the then members of the assembly:20provided that no resolution for the purpose of clause (c) shall be moved unless atleast fourteen days' notice has been given of the intention to move the resolution:provided further that whenever the assembly is dissolved, the speaker shall not vacate his office until immediately before the first meeting of the assembly after the dissolution25(3) while the office of speaker is vacant the duties of the office shall be performed by the deputy speaker or, if the office of deputy speaker is also vacant, by such member of the assembly as may  be determined by the rules of procedure of the assembly30(4) during the absence 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 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 deputy speaker of the legislative assembly such salaries and allowances as may be respectively fixed by the legislative assembly by law and until provision in that behalf is so made, such salaries and allowances as the lieutenant governor may, with the approval of the president, by order determine35408 (1) at any sitting of the legislative assembly, while any resolution for the removalof the speaker from his office is under consideration, the speaker, or while any resolution for the removal of the deputy speaker from his office is under consideration, the deputy speaker, shall not, though he is present, preside and the provisions of sub-section (4) of section 7 shall apply in relation to every such sitting as they apply in relation to a sitting from which the speaker or, as the case may be, the deputy speaker is absentspeaker ordeputyspeaker notto presidewhile aresolutionfor hisremovalfrom officeis underconsideration45(2) the speaker shall have the right to speak in and otherwise to take part in theproceedings of the legislative assembly while any resolution for his removal from office is under consideration in the assembly and shall, notwithstanding anything in section 13, 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 votes9 (1) the lieutenant governor may address the legislative assembly and for that purpose require the attendance of members5right of lieutenant governor to address and send message to legislative assembly(2) the lieutenant governor may send message to the assembly whether with respect to a bill then pending in the assembly or otherwise and when a message is so sent, the assembly shall with all convenient despatch consider any matter required by the message to be taken into consideration10 (1) at the commencement of the first session after each general  election to the legislative assembly and at the commencement of the first session of each year, the lieutenant governor shall address the legislative assembly and inform it of the causes of its summonsspecial address by the lieutenant governor10(2) provision shall be made by rules to be made by the assembly regulating its procedure for the allotment of time for discussion of the matters referred to in such addressrights of ministers as respects legislative assembly1511 every minister shall have the right to speak in and otherwise to take part in the proceedings of the legislative assembly and to speak in and otherwise to take part in the proceedings of any committee of the legislative assembly of which he may be named a member, but shall not by virtue of this section be entitled to voteoath or affirmation by member12 every member of the legislative assembly shall, before taking his seat, make and subscribe before the lieutenant governor, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the schedule2013 (1) save as otherwise provided in the act, question at any sitting of the legislative assembly shall be determined by a majority of votes of the members present and voting other than the speaker or person acting as such(2) the speaker or person acting as such shall not vote in the first instance, but shall have and exercise a casting vote in the case of an equality of votesvoting in legislative assembly, power of assembly to act notwithstanding vacancies and quorum25(3) the legislative assembly shall have power to act notwithstanding any vacancy in the membership thereof, and any proceedings in the legislative assembly shall be valid notwithstanding that it is discovered subsequently that some person who was not entitled so to do, sat or voted or otherwise took part in the proceedings (4) the quorum to constitute a meeting of the legislative assembly shall be one-third of the total number of members of the assembly30(5) if at any time during a meeting of the legislative assembly 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 quorumvacation of seats35 43 of 195114 (1) no person shall be a member both of parliament and of the legislative assembly and if a person is chosen a member both of parliament and of such assembly, then at the expiration of such period as is specified  in or under the representation of people act, 1951, and the rules made by the president under clause (2) of article 101 and clause (2) of article 190, that person's seat in parliament shall become vacant, unless he had previously resigned his seat in the legislative assembly(2) if a member of the legislative assembly—40(a) becomes subject to any disqualification mentioned in section 15 or section16 for membership of the assembly, or(b) resigns his seat by writing under his hand addressed to the speaker and hisresignation is accepted by the speaker, his seat shall thereupon become vacant:45provided that in the case of any resignation referred to clause (b), if from the informationreceived or otherwise and after making such inquiry as he thinks fit, the speaker is satisfied that such resignation is not voluntary or genuine he shall not accept such resignation(3) if for a period of sixty days a member of the legislative assembly is without permission of the assembly absent from all meetings thereof, the assembly may declare his seat vacant:  5provided 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 days15 (1) a person shall be disqualified for being chosen as, and for being, a member of the legislative assembly—disqualification for membership10(a) if he holds any office of profit under the government of india or the government of any state or the government of any union territory other than an office declared by law made by parliament or by the legislature of any state or by the legislative assembly of any other union territory not to disqualify its holder; or15(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), subclause (c) or sub-clause (d) of clause (1) of article 102 or of any law made in pursuance of that article (2) for the purpose of the section, a person shall 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 state or union territory20(3) if any question arises as to whether a member of the legislative assembly 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 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 opinion25disqualification on ground of defection3016 the provisions of the tenth schedule to the constitution shall, subject to the necessary modifications (including modifications for construing reference therein to the legislative assembly of a state, article 188, article 194 and article 212 as references, respectively, to the legislative assembly, section 12, section 18 and section 37 of this act), apply to and in relation to the members of the legislative assembly as they apply to and in relation to the members of the legislative assembly of a state and accordingly—(a) the said tenth schedule as so modified shall be deemed to form part of this act; and35(b) a person shall be disqualified for being a member of the legislative assembly if he is so disqualified under the said tenth schedule as so modified 17 if a person sits or votes as a member of the legislative assembly before he has complied with the requirements of section 12 or when he knows that he is not qualified or that he is disqualified for membership thereof, he shall be liable in respect of each day on which he so sits or votes to a penalty of five hundred rupees to be recovered as a debt due to the union40penalty for sitting and voting before making oath of affirmation or when not qualified or when disqualified18 (1) subject to the provisions of this act and to the rules and standing orders regulating the procedure of the legislative assembly; there shall be freedom of speech in the legislative assemblypowers privileges, etc of members45 (2) no member of the legislative assembly 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 (3) in other respects, the powers, privileges and immunities of the legislative assembly 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 5 (4) the provisions of sub-sections  (1),  (2) and  (3) shall apply 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 legislative assembly or any committee thereof as they apply, in relation to members of that assemblysalaries and allowances of members1019 members of the legislative assembly shall be entitled to receive such salariesand allowances as may from time to time be determined by the legislative assembly by law and until provision in that behalf is so made, such salaries and allowances as the lieutenant governor may, with the approval of the president, by order determine20 the property of the union shall, save in so far as parliament may by law otherwise provide, be exempted from all taxes imposed by or under any law made by the legislative assembly or by or under any other law in force in the union territory:exemption of property of the union from taxation15provided that nothing in this section shall, until parliament by law otherwise provides, prevent any authority within the union territory from levying any tax on any property of the union to which such property was immediately before the commencement of the constitution liable or treated as liable, so long as the tax continues to be levied in the union territory2021  (1) the provisions of article 286, article 287 and article 288 shall apply in relation to any law passed by the legislative assembly 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 mattersrestrictions on laws passed by legislative assembly with respect to certain matters25 (2) the provisions of article 304 shall, with the necessary modification, apply in relation to any law passed by the legislative assembly with respect to any of the matters referred to in that article as they apply in relation to any law passed by the legislature of a state with respect to those matters22  (1) a bill or amendment shall not be introduced into, or moved in, the legislative assembly except on the recommendation of the lieutenant governor if such bill or amendment makes provision for any of the following matters, namely:—special provisions as to financial bills30 (a) the imposition, remission, alteration or regulation of any tax; (b) the amendment of the law with respect to any financial obligations undertaken or to be undertaken by the government of the union territory;(c) the appropriation of moneys out of the consolidated fund of the union territory;35(d) the declaring of any expenditure to the 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 of such 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 tax40(2) a bill or amendment shall not be deemed to make provision 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 purposes45(3) a bill which, if enacted and brought into operation, would involve expenditure from the consolidated fund of the union territory shall not be passed by the legislative assembly unless the lieutenant governor has recommended to that assembly the consideration of the bill23 (1) a bill pending in the legislative assembly shall not lapse by reason of the prorogation of the assemblyprocedure as to lapsing of bills(2) a bill which is pending in the legislative assembly shall lapse on a dissolution of the assembly  5assent to bills24 when a bill has been passed by the legislative assembly it shall be presented tothe lieutenant governor and the lieutenant governor shall declare either that he assents to the bill or that he withholds assent therefrom or that he reserves the bill for the consideration of the president:1015provided that the lieutenant governor may, as soon as possible after thepresentation of the bill to him for assent, return the bill if it is not a money bill together with a message requesting that the assembly will reconsider the bill or any specified provisions thereof, and, in particular, will consider the desirability of introducing any such amendments as he may recommend in his message, and, when a bill is so returned, the assembly will reconsider the bill accordingly, and if the bill is passed again with or without amendment and presented to the lieutenant governor for assent, the lieutenant governor shall declare either that he assents to the bill or that he reserves the bill for the consideration of the presidentprovided further that the lieutenant governor shall not assent to, but shall reserve for the consideration of the president, any bill which:—20(a) in the opinion of the lieutenant governor would if it became law so derogatefrom the powers of the high court as to endanger the position which that court is by the constitution designed to fill; or(b) the president may, by order direct to be reserved for his consideration; or25(c) relates to a matter referred to in sub-section (5) of section 7 or section 19 orsection 34 or sub-section  (3) of section 4330explanation—for the purposes of this section and section 25, a bill shall be deemed to be a money bill if it contains only provisions dealing with all or any of the matters specified in sub-section (1) of section 22 or any matter incidental to any of those matters and in either case, there is endorsed thereon the certificate of the speaker of the legislative assembly signed by him that it is a money billbills reserved for consideration25 when a bill is reserved by the lieutenant governor for the consideration of the president, the president shall declare either that he assents to the bill or that he withholds assent therefrom:35provided that where the bill is not a money bill, the president may direct the lieutenantgovernor to return the bill to the legislative assembly together with such a message as is mentioned in the first proviso to section 24 and when a bill is so returned the assembly shall reconsider it accordingly within a period of six months from the date of receipt of such message and if it is again passed by the assembly with or without amendment it shall be presented again to the president for his consideration40requirements as to sanction, etc26 no act of the legislative assembly and no provision in any such act shall beinvalid by reason only that some previous sanction or recommendation required by this act was not given if assent to that act was given by the lieutenant governor or on being reserved by the lieutenant governor for the consideration of the president, by the president45annual financial statement      5027 (1) the lieutenant governor shall in respect of every financial year cause to belaid before the legislative assembly, with the previous sanction of the president, a statement of the estimated receipts and expenditure of the union territory for that year, in this part referred to as the "annual financial statement"(2) the estimates of expenditure embodied in the annual financial statement shallshow separately—(a) the sums required to meet expenditure described by this act as expenditurecharged 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 and shall distinguish expenditure on revenue account from other expenditure 5(3) notwithstanding anything contained in any law for the time being in force, the following expenditure shall be expenditure charged on the consolidated fund of the union territory:(a) the emoluments and allowances of the lieutenant governor and other expenditure relating to his office as determined by the president by general or special order;10(b) the charges payable in respect of loans advanced to the union territory fromthe consolidated fund of india including interest, sinking fund charges and redemption charges and other expenditure connected therewith;(c) the salaries and allowances of the speaker and the deputy speaker of thelegislative assembly;15(d) any sums required to satisfy any judgement, decree or award of any court orarbitral tribunal;(e) any other expenditure declared by the constitution or by law made byparliament or by the legislative assembly to be so charged2028 (1) so much of the estimates as relates to expenditure charged upon the consolidated fund of the union territory shall not be submitted to the vote of the legislative assembly, but nothing in this sub-section shall be construed as preventing the discussion in the legislative assembly of any of those estimatesprocedure in legislative assembly with respect to estimates25(2) so much of the said estimates as relates to other 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(3) no demand for a grant shall be made except on the recommendation of the lieutenant governorappropriation bills3029 (1) as soon as may be after the grants under section 28 have been made by the legislative assembly there shall be introduced a bill to provide for the appropriation out of the consolidated fund of the union 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 assembly35(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 as to whether an amendment is inadmissible under this sub-section shall be final40(3) subject to the other provisions 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 provisions of this section30 (1) the lieutenant governor shall,—45supplementary, addition or excess grants(a) if the amount authorised by any law made in accordance with the provisionsof section 29 to be expanded for a particular service for the current financial year is found to be insufficient for 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 the year, or  5(b) if any money has been spent on any service during a financial year in excessof the amount granted for that service and for that year, cause to be laid before the legislative assembly, with the previous sanction of the president, another statement showing the estimated amount of that expenditre or cause to be presented to the legislative assembly with such previous sanction a demand for such excess, as the case may be10(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 authorising 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 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 grantvotes on account1531 (1) notwithstanding anything in the foregoing provisions of this part, the legislative assembly shall have 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 section 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 in made2025(2) the provisions of sections 28 and 29 shall have effect in relation 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 of  the union territory to meet such expenditure30authorisation of expenditure pending its sanction by legislative assembly32 notwithstanding anything in the foregoing provisions of this part, the lieutenant governor may authorise such expenditure from the consolidated fund of the union territory as he deems necessary for a period of not more than six months beginning with the date of the constitution of the consolidated fund of the union territory, pending the sanction such expenditure by the legislative assemblyrules of procedure33 (1) the legislative assembly may make rules for regulating, subject to the provisions of this act, its procedure and the conduct of its business:provided that the lieutenant governor shall, after consultation with the speaker of the legislative assembly and with the approval of the president, make rules—35(a) for securing the timely completion of financial business; (b) for regulating the procedure of, and the conduct of business in, the legislativeassembly in relation to any financial matter or to any bill for the appropriation of moneys out of the consolidated fund of the union territory;40(c) for prohibiting the discussion of, or the asking of questions on, any matterwhich affects the discharge of the functions of the lieutenant governor in so far as he is required by or under this act or any law to act in his discretion45(2) until rules are made under sub-section (1), the rules of procedure and standing orders with respect to the legislative assembly of the state of uttar pradesh in force immediately before the commencement of this act shall have effect in relation to the legislative assembly subject to such modifications and adaptations as may be made therein by the lieutenant governor34 (1) the legislative assembly may by law adopt any one or more of the languages in use in the union territory or hindi as the official language or languages to be used for all or any of the official purposes of the union territory:provided that the president may by order direct— 5(i) that the official language of the union shall be adopted for such of the official purposes of the union territory as may be specified in the orderofficial language or languages of the union territory and language or languages to be used in legislative assembly10(ii) that any other language shall also be adopted throughout the union territory or such part thereof for such of the official purposes of the union territory as may be specified in the order, if the president is satisfied that a substantial proportion of the population of the union territory desires the use of that other language for all or any of such purposes(2) the business in the legislative assembly shall be transacted in the official language or languages of the union territory or in hindi or in english:15provided that the speaker or the legislative assembly or the person acting as such, as the case may be, may permit any member who cannot adequately express himself in any of the languages aforesaid, to address the assembly in his mother-tongue35 notwithstanding anything contained in section 34, until parliament by law otherwise provides, the authoritative texts—language to be used for bills, acts, etc(a) of all bills to be introduced or amendments thereto to be moved in the legislative assembly;20(b) of all acts passed by the legislative assembly; and (c) of all orders, rules, regulations and bye-laws issued under any law made by the legislative assembly, shall be in english language:25provided that where the legislative assembly has prescribed any language other than the english language for use in bills introduced in, or acts passed by the legislative assembly or in any order, rule, regulation or bye-law issued under any law made by the legislative assembly, a translation of the same in the english language published under the authority of the lieutenant governor in the official gazette shall be deemed to be the authoritative text thereof in the english language3036 no discussion shall take place in the legislative assembly with respect to the conduct of any judge of the supreme court or of a high court in the discharge of dutiesrestrictions on discussion in the legislative assembly37 (1) the validity of any proceedings in the legislative assembly shall not be called in question on the ground of any alleged irregularity of procedure35courts not to inquire into proceedings of legislative assembly(2) no officer or member of the legislative assembly in whom powers are vested by or under this act for regulating procedure or the conduct of business, or for maintaining order in the legislative assembly shall be subject to the jurisdiction of any court in respect of the exercise by him of those powers part iii delimitation of constituencies  538 (1) the election commission shall, in the manner herein provided, distribute the seats assigned to the legislative assembly under section 3 to single-member territorial constituencies and delimit them having regard to the following provisions, namely:—election commission to delimit constituencies(a) all constituencies shall, as far as practicable, be delimited in such manner that the ratio between the population of each of such constituencies and the total population of the union territory is the same; and10(b) constituencies in which seats are reserved for the scheduled castes/tribes shall, as far as practicable, be located in areas where the proportion of their population to the total population is comparatively large (2) the election commission shall—15(a) publish its proposals for the delimitation of constituencies in the official gazette and also in such other manner as the commission may consider fit, together with a notice inviting objections and suggestions in relation to the proposals and specifying a date on or after which the proposals will be further considered by it;(b) consider all objections and suggestions which may have been received by it before the date so specified;20(c) after considering all objections and suggestions which may have been received by it before the date so specified, finalise delimitation of constituencies and cause such order or orders to be published in the official gazette; and upon such publication, the order or orders shall have the full force of law and shall not be called in question in any court2539 the election commission may, from time to time, by notification in the official gazette,—(a) correct any printing mistakes in any order made under section 38 or any error arising therein from inadversent slip or omission; andpower of election commission to maintain delimitations orders upto date(b) where the boundaries or name of any territorial division mentioned in any such order are or is altered, make such amendments as appear to it to be necessary or expedient for bringing such order uptodate3040 (1) for the purpose of constituting the legislative assembly, a general election will be held as soon as may be after the delimitation of all the assembly constituencies under section 38election to the legislative assembly3543 of 1951(2) for the purpose of sub-section (1), the lieutenant governor shall, by one or more notifications published in the official gazette, call upon all the said assembly constituencies to elect members in accordance with the provisions of the representation of the people act, 1951 and of the rules and orders made or issued thereunder as applicable under sub-section (3)43 of 1950 43 of 195140(3) the representation of the people act, 1950, the representation of the people act,1951 the rules and orders made or issued under the said acts and all other laws for the time being in force relating to the elections shall apply with necessary modifications (including modifications for construing references therein to a state, state government and governor as including references to the union territory, government of the union territory and lieutenant governor, respectively) to, and in relation to, the general election referred to in sub-section (1) part iv certain provisions relating to lieutenant governor and ministers41 (1) the lieutenant governor shall act in his discretion in a matter—5(i) which falls outside the purview of the powers conferred on the legislative assembly but in respect of which powers or functions are entrusted or delegated to him by the president, ormatters in which lieutenant governor to act in his discretion(ii) in which he is required by or under any law to act in his discretion or to exercise any judicial or quasi-judicial functions10(2) if any question arises as to whether any matter is or is not a matter as respects which the  lieutenant governor is by or under any law required to act in his discretion, the decision of the lieutenant governor thereon shall be final(3) if any question arises as to whether any matter is or is not a matter as respects which the lieutenant governor is required by any law to exercise any judicial or quasi-judicial functions, the decision of the lieutenant governor thereon shall be final15advice by ministers42 the question whether any, and if so, what, advise was tendered by ministers to the lieutenant governor shall not be inquired into any courtother provisions as to ministers 43(1) before a minister enters upon his office, the lieutenant governor shall administer to him the oaths of office and of secrecy according to the forms set out for the purpose in the schedule20(2) a minister who, for any period of six consecutive months, is not a member of the legislative assembly, at the expiration of that period, shall cease to be a minister(3) the salaries and allowances of ministers shall be such as the legislative assembly may from time to time by law determine and until the legislative assembly so determines, shall be determined by the lieutenant governor with the approval of the president44 (1) the president shall make rules—25conduct of business(a) for the allocation of business to the ministers in so far as it is business with respect to which the lieutenant governor is required to act on the aid and advise of his council of ministers; and30(b) for the more convenient transaction of business with the ministers, including the procedure to be adopted in the case of a difference of opinion between the lieutenant governor and the council of ministers or a minister (2) save as otherwise provided in this act, all executive action of the lieutenant governor whether taken on the advise of his ministers or otherwise shall be expressed to be taken in the name of the lieutenant governor35(3) orders and other instruments made and executed in the name of the lieutenant governor shall be authenticated in such manner as may be specified  in rules to be made by the lieutenant governor 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 made or executed by the lieutenant governor4045 it shall be the duty of the chief minister—(a) to communicate to the lieutenant governor all decisions of council of ministers relating to the administration of the affairs of the union territory and proposals for legislation;45duties of chief minister as respects the furnishing of information, etc to the lieutenant governor(b) to furnish such information relating to the administration of the affairs of the union territory and proposals for legislation as lieutenant governor may call for; and(c) if the lieutenant governor so requires, to submit for the consideration of the council of ministers any matter on which a decision has been taken by a minister but which has not been considered by the council part v miscellaneous and transitional provisions  5consolidated fund of the union territory1046 (1) as from such date as the central government may, by notification in the official gazette, appoint in this behalf, all revenues received in the union territory by the government of india or the lieutenant governor in relation to any matter with respect to which the  legislative assembly has power to make laws, and all grants made and all loans advanced to the union territory from the consolidated fund of india and all 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 of andaman and nicobar islands" (referred to in  this act as the consolidated fund of the union territory)(2) no moneys out of the consolidated fund of the union territory shall be appointed except in accordance  with and for the purposes and in the manner provided in this act15(3) the custody of the consolidated fund of the union territory, the payment of moneys into such fund, the withdrawal of money therefrom and all other matters connected with or ancillary to those matters shall be regulated by rules made by the lieutenant governor with the approval of the president20contingency fund of the union territory47 (1) there shall be established a contingency fund in the nature of an imprest to be entitled "the contingency fund of the union territory of andaman and nicobar islands" into which shall be paid from and out of the consolidated fund of the union territory such sums as may, from time to time be determined by law made by the legislative assembly; and the said fund shall be held by the lieutenant governor to enable advances to be made by him out of such fund25(2) no advances shall  be made out of  the contingency fund referred to in subsection (1) except for the purposes of meeting unforseen expenditure pending authorisation of such expenditure by the legislative assembly  under appropriation made by law(3) the lieutenant governor 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 aforesaid contingency fund30audit reports48 the reports of the comptroller and auditor-general of india relating to the accounts of the union territory for any period subsequent to the date referred to in sub-section (1) of section 46 shall be submitted to the lieutenant governor who shall cause them to be laid before the legislative assembly3549 notwithstanding anything in this act, the lieutenant governor and his council ofministers shall be under the general control of, and comply with such particular directions, if  any, as may from time to time be given by the presidentrelation of lieutenant governor and his ministers to president4050 (1) every order made by the president under article 239ab shall expire at the end of one year from the date of issue of the order and the provisions of clauses (2) and (3) of article 356 shall, so far as may be, apply to such order as they apply to a proclamation issued under clause (1) of article 356period of order made under article 239ab and approval thereof by parliament45(2) notwithstanding anything contained in sub-section (1), the president may extend the duration of the aforesaid order for a further period not exceeding two years from the date of expiry of the order under sub-section (1) subject to the condition that every extension of the said order for any period beyond the expiration of  one year shall be approved by resolutions of both houses of parliamentauthorisation of expenditure by president551 where the legislative assembly is dissolved or its functioning as such assembly remains suspended, on account of an order made by the president under article 239ab, it shall be competent for the president to authorise when the house of the people is not in session expenditure from the consolidated fund of the union territory pending the sanction of such expenditure by parliament52 for the removal of doubts it is hereby declared that—contracts and suits(a) all contracts in connection with the administration of the  union territory are contracts made in the exercise of the executive power of the union; and| (b)                                                                   ||-----------------------------------------------------------------------|| territory shall be instituted  by or against the government of india || 10                                                                    || power of                                                              || president to                                                          || remove                                                                || difficulties                                                         |53 (1) if any difficulty arises in relation to the transaction from the provisions of any law repealed by the act or in giving effect to the provisions of this act and in particular in relation to the constitution of the legislative assembly, the president may by order do anything not inconsistent with the provisions of the constitution  or of this act which appear to him to be necessary or expedient for the purpose of removing the difficulty:15provided that no order under the sub-section (1) shall be made after the expiry of three years from the date of constitution of the first legislative assembly(2) every order made under sub-section (1) shall be laid before each house of parliament2054 every rule made by the lieutenant governor under this act shall be laid as soon as it is made, before the legislative assemblylaying of rules before legislative assembly55 on and from the appointed day—amendments to the constitution(a) after article 239aa, the following article shall be inserted, namely:—25"239aaa (1) as from the date of commencement of the  government of union territory of andaman and nicobar islands act, 2012 the administrator of the union territory of andaman and nicobar islands appointed under article 239 shall be designated as the lieutenant governorspecial provision with respect to andaman and nicobar islands(2) the provisions of articles 239aa and 239ab shall, so far as may be apply mutatis mutandis in relation to the union territory of andaman and nicobar islands, lieutenant governor and the legislative assembly, as they apply in relation to the national capital territory of delhi and its legislature, respectively";30(b) in article 240, in clause (1) for the existing proviso, the following provisos shall be substituted namely:—35"provided that when any body is created under article 239a or 239aaa to function as a legislature for the union territory of pondicherry or union territory of andaman and nicobar islands, as the case may be, the president shall not make any regulation for the peace, progress and good government of that union territory with effect from the date appointed for the first meeting of the legislature:40provided further that whenever the body functioning as a legislature for the union territory of pondicherry or andaman and nicobar islands, as the case may be, is dissolved, or the functioning of that body as such legislature remains suspended on account of any action taken under any such law as is referred to in clause (1) of article 239a or 239ab, as the case may be, the president may, during the period of such dissolution or suspension, make regulations for the peace, progress and good government of that union territory"(c)  in the fourth schedule to the constitution, in the table— (a) entries 29 and 30 shall be re-numbered as entries 30 and 31, respectively, and before entry 30 as so re-numbered, the following entry shall be inserted, namely:—"29  andaman and nicobar islands…1";  5(b) for the figures "233", the figures "234" shall be substituted43 of 195056 in section 27a of the representation of people act, 1950, after sub-section (4), the following sub-section shall be inserted, namely:—amendment of section 27a of act 43 of 195010''(5) the electoral college for the union territory of andaman and nicobar islands shall consist of the elected members of the legislative assembly constituted for the territory under the government of union territory of andaman and nicobar islands act, 2012'' the schedule(see section 4, 12 and 43) forms of oath or affirmations i15form of oath or affirmation to be made by a candidate for election to the legislative assembly:—20"i, ab, having been nominated as a candidate to fill a seat in the legislative assembly, do swear in the name of god/solemnly affirm that i will bear true faith and allegiance to the constitution of india as by law established and that i will uphold the sovereignty and integrity of india" iiform of oath or affirmation to be made by a member of the legislative assembly:—25"i, ab, having been elected a member of the legislative assembly, do swear in the name of god/solemnly affirm that i will bear true faith and allegiance to the constitution of india as by law established, and that i will uphold the sovereignty and integrity of india and that i will faithfully discharge the duty upon which i am about to enter" iii30form of oath of office of a member of the council of ministers:—35"i, a b, do swear in the name of god/solemnly affirm that i will bear true faith and allegiance to the constitution of india as by law established, that  i will uphold the sovereignty and integrity of india, that i will faithfully and conscientiously discharge my duties as a minister, and that i will do right to all manner of people in accordance with the constitution and the law without fear or favour, affection or ill-will" ivform of oath of secrecy for a member of the council of ministers:—"i, ab, do swear in the name of god/solemnly affirm that i will not directly or indirectly communicate or reveal to any person or persons any matter which shall be brought under my consideration or shall become known to me as a minister except as may be required for the due discharge of any duties as such minister" statement of objects and reasonseven after sixty-four years of independence, the union territory of andaman and nicobar islands has not been provided with a democratic set-up with a legislative assembly for the governance of the affairs of the union territory administration all powers are vested in the lieutenant governor and the bureaucracy continues to reign supreme in the absence of a legislative assembly with devolution of powers, the people of the islands are not enabled to have a sense of belonging and involvement in the developmental activities of the islands and do not have a say in the utilisation of the funds provided by the central government, in proper perspectivethe type of pradesh council provided to the union territory with members indirectly elected from panchayats and a single municipality with no powers is not at all befitting to a democratic set-up and devolution of powers however, the functioning of the pradesh council since its formation in the year 1981 has set the background for constitution of a legislative assembly on the pattern of puducherry or delhi the population of the union territory has crossed three-lakh mark and the literacy percentage is more than 81 per cent and heading towards achieving cent per cent literacy as per norms prescribed by the government of indiathere have been series of demands from the people of the union territory for providing a legislative assembly at least with limited powers the island development authority had agreed in principle to constitute a legislative assembly for the islands the estimates committee of the parliament had also recommended for the constitution of a legislative assembly for the union territory now, since a three-tier panchayati raj system is also in the offing in pursuance of the constitution (seventy-third) amendment act with the idea of devolution of powers at panchayat, block and district levels, it is high time that a legislative assembly is provided to set the tone and direction for the governance of the union territory administration on democratic normsthe bill seeks to achieve the aforesaid objectivesnew delhi;bishnu pada raynovember 28, 2011 financial memorandumclause 3 of the bill provides for setting up of a legislative assembly for the union territory of andaman and nicobar islands clauses 7(5), 19 and 43 (3) related to payment of salaries and allowances to the speaker, the deputy speaker, members of the legislature and the ministers the expenditure on such salaries and allowances and other expenditure of incidental nature such as on the additional staff in the legislative assembly and council of ministers will be met from the consolidated fund of the union territory of andaman and nicobar islandsclause 38 provides for the delimitation of thirty single member territorial constituencies for the proposed assembly of the union territory of andaman and nicobar islands clause 55 provides that union territory of andaman and nicobar islands will be represented by one member in the council of states for this purpose, a non-recurring expenditure of about rupees fifty lakhs is likely to be incurred this expenditure will be met from the consolidated fund of indiathe bill does not involve any other expenditure either of a recurring or non-recurring nature memorandum regarding delegated legislationclause 33 of the bill empowers the legislative assembly of the union territory of andaman and nicobar islands to make rules, subject to the provisions of this bill, for regulating its procedure and conduct of its business it also provides that the lieutenant governor shall, after consultation with the speaker of the legislative assembly and with the approval of the president make rules for securing the completion of the financial business, regulating the procedure and conduct of business in the legislative assembly in relation to any financial matter or to any bill for appropriation of monies out of the consolidated fund of the union territory of andaman and nicobar islands and for prohibiting the discussion of or asking any question which affect the discharge of the functions of the lieutenant governor in so far as he is required to act in his discretionclause 44 of the bill empowers the president to make rules regarding allocation of business to ministers and transaction of such business it further empowers the lieutenant governor to make rules prohibiting the manner of authenticating the orders issued in his nameclauses 46 (3) and 47(3) of the bill provide that the lieutenant governor may make rules regarding the custody, etc, of the consolidated fund of the union territory of andaman and nicobar islands and the contingency fund of the union territory of andaman and nicobar islandsclause 53 of the bill empowers the president to issue orders for removing any difficulty in giving effect to the provisions of this bill and in particular in relation to the constitution of the legislative assemblythe matters mentioned above are of a procedural nature and it is difficult to provide for them in detail in the bill itself the delegation of legislative power is, therefore, of a normal character annexure extract from the constitution of india     240 (1) the president may make regulations for the peace, progress and good government of the union territory of —(a) the andaman and nicobar islands;power of president to make regulations for certain union territories(b) lakshadweep; (c) dadra and nagar haveli; (d) daman and diu; (e) puducherry;provided that when any body is created under article 239a to function as a legislature for the union territory of puducherry the president shall not make any regulation for the peace, progress and good government of that union  territory with effect  from the date appointed for the first meeting of the legislature:provided further  that whenever the body functioning as a legislature for the union territory of puducherry is dissolved, or the functioning of that body as such legislature remains suspended on account of any action taken under any such law as is referred to in clause (1) of article 239a, the president may, during the period of such dissolution or suspension, make regulations for the peace, progress and good government of that union territory(2) any regulation so made may repeal or amend any act made by parliament or any other law, which is for the time being applicable to the union territory and, when promulgated by the president, shall have the same force and effect as an act of parliament which applies to that territory       fourth schedule [articles 4(1) and 80(2)] allocation of seats in the council of statesto each state or union territory specified in the first column of the following table, there shall be allotted the number of seats specified in the second column thereof opposite to the state or that union territory, as the case may be table|                   |     |     |     |     |    ||--------------------|------|------|------|------|-----|| 29       delhi    | 3    |      |      |      |     || 30     puducherry | 1    |      |      |      |     || total:             | 233  |      |      |      |     ||                   |     |     |     |     |    |extract from the representation of the people act, 1950(43 of 1950)|     |     |     |     |     |    ||------|------|------|------|------|-----|27a (1) for the purpose of filling any seat or seats in the council of states allotted to any union territory in the fourth schedule to the constitution there shall be an electoral college for each such territory      constitution of electoral colleges for the filling of seats in the council of states allotted to union territories(4) the electoral college of the union territory of puducherry shall consist of the elected members of the legislative assembly constituted for that territory under the government of union territories act, 1963 (20 of 1963)       lok sabha———— a billto provide for the creation of a legislative assembly for  the union territory of andaman and nicobar islands and for matters connected therewith or incidental thereto————(shri bishnu pada ray, mp)gmgipmrnd—3944ls—22022012