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GOVERNMENT OF UNIONTERRITORIES ACT

Ministry of Law and Justice

Act nº 20 of 1963


  • Part I
  • Part II
  • Part III
  • Part IV
  • Part V
  • Schedules
  • Amending Acts
  • Act nº 20 of 1963

Preamble

GOVERNMENT OF UNION TERRITORIES ACT, 1963

[Act, No. 20 of 1963]

[10th May, 1963]

Part I

Section 1. Short title and commencement

(1) This act may be called the Government of Union Territories Act, 1963.

(2) It shall come into force on such date1as the Central Government may, by notification in the Official Gazette, appoint:2[Provided that it shall come into force in the Union Territory of Mizoram on such date being a .date not earlier than the date of commencement of the Government of Union Territories (Amendment) Act, 1971, as the Central Government may, by notification in the Official Gazette, appoint.]3[Provided further that it shall come into force in the Union territory of Arunachal Pradesh on such date, being a date not earlier than the date of commencement of the Government of Union Territories (Amendment) Act, 1975, as the Central Government may, by notification in the Official Gazette, appoint.]4[Provided also that subject to the preceding provisos] different dates may be appointed for different provisions of this Act and for different Union Territories 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 provision.

1. In H. P. Manipur, Tripura, on 1 -7-1963 (All these territories are States how: See Act 53 of 1970 and Act 81 of 1971) the provisions applicable to Delhi, came into force on 1-7-1963 thereto - See S.O. 1660 of 19h3: In Goa, Daman and Diu, Pt. I, Sections 3, 4, 14, Pt. III, Sections 53, 58 and 57, Schs. I and II, so tar as applicable thereto, came into force on 13-5-1963 and rest of the provisions on 20-12-1963 - See G.S. Rs. 814 and 1922 of 1963; In Pondicherry, Pt. I, Sections 53, 57 and Sch. II, so far as applicable came into force on 13-5-1963 and rest of the provisions on 1-7-1963 - See G.S.R. 815 and G.S.R. 1025 of 1963; In Dadra and Nagar Haveli, so much of the provisions of this Act as apply thereto, came into force on 1-7-1963 -See G.S.R. 1025 of 19063; in U.T. of Arunachal Pradesh on 15-8-1975-See Gaz. of Ind., 31-ui i"u.,Ji, . .. U.S. 3 (ii), Extra., p. 1766; in Mizoram.Ss. 1, 2, 3, 4, 14,38,43A & 56 enforced on 17-2-1972 (See G.S.R. 81 (E) of 1972) and the rest of the sections enforced on and from 3-9-1972 -See G.S.R. 269 (E) D/-1 -5-1972.

2. Proviso added by Act 83 of 1971 S. 2(i) (16-2-1972).

3. Proviso added by Act 29 of 1975, S. 2 (i) (15-8-1975).

4. Substituted for the words "provided further that" (which were earlier substituted for 'Provided that' b) Act 83 of 71) by Act 29 of 1975 S. 2 (ii) (15-8-1975 - See S.O, 398 (E) of 1975).


Section 2. Definitions and interpretation

(1) In this Act, unless the context otherwise requires,-

(a) "Administrator" means the administrator of1[the Union territory] appointed by the President under article 239;

(b) "article" means an article of the Constitution;

(c) "assembly constituency" means a constituency provided under this Act for the purpose of elections to the Legislative Assembly of1[the Union territory];

(d) "Election Commission" means the Election Commission appointed by the President under article 324;

(e) "Judicial Commissioner" includes an Additional Judicial Commissioner;

(f) "scheduled castes" in relation to1[the Union territory] mean such castres, races or tribes or parts of or groups within such castes, race or tribes as are deemed under article 341 to be scheduled castes in relation to that Union Territory; -

(g) "scheduled tribes" in relation to2[the Union Territory] mean such tribes or trible communities or parts of or groups within such tribes or tribal communities as are deemed under article 342 to be scheduled tribes in relation to that Union Territory;

2(h) "Union territory" means the Union territory of Pondicherry]

(2) Any reference in this Act to laws made by Parliament shall be construed as including a reference to Ordinances promulgated by the President under Article 123 and a reference to Regulations made by the President under article 240.

1. Substituted for the words "a Union territory, by Goa, Daman and Diu Reorganisation Act (18 of 1987), S. 65(a).

2. Cl. (h) substituted by Goa, Daman and Diu Reorganisation Act (18 of 1987) S. 65(b) (30-5-87).


Part II

Section 3. Legislative Assemblies for Union territories and their composition

(1) There shall be a Legislative Assembly for each Union Territory.

1[(2) The total number of seats in the Legislative Assembly of2[the Union territory] to be filled by persons chosen by direct election shall be thirty].

(3) The Central Government may nominate not more than three persons, not being persons in the service of Government, to be members of the Legislative Assembly of2[the Union Territory].

3[(4) Seats shall be reserved for the Scheduled Castes in the Legislative Assembly of the Union territory].

(5) The number of seats reserved for the scheduled castes or the scheduled tribes in the Legislative Assembly4[of2[the Union Territory]] under sub-section (4) shall bear, as nearly as may be, the same proportion to the total number of seats in the Assembly as the population of the scheduled castes in the Union Territory or of the scheduled tribes in the Union territory, as the case may be, in respect of which seats are so reserved, bears to the total population of the Union territory.

5Explanation.- In this sub-section the expression "population" means the population as ascertained at the last preceding census of which the relevant figures have been published.

Provided that the reference in this Explanation to the last preceding census of which the relevant figures have been published shall, until the relevant figures for the first census taken after the year62026 have been published, be construed as a reference to the72001 census].

3[(6) Notwithstanding anything in sub-section (4), the reservation of seats for the Scheduled Castes in the Legislative Assembly of the Union territory shall cease to have effect on the same date on which the reservation of seats for the Scheduled Castes in the House of the People shall cease to have effect under article 334 :

Provided that nothing in this sub-section shall affect any representation in the Legislative Assembly of the Union territory until the dissolution of the then existing Assembly].

1. Substituted by H.P. (A.L.U.S.) Order, 1973 cl. 3 (G.S.R. 26 (E) - Gaz. of Ind.. 23-1-1973, Pt. II. S. 3(i), Ext.,p.69).

2. Substituted for the words "a Union territory" and "any Union territory" by Act .18 ot 1987, S.65 (a) (30-5-87).

3. Substituted for sub-section (4) and sub-sec. (6) by Goa, Daman and Diu Reorganisation Act (18 of 1987) S. 65-C(i)(ii) 30-5-87).

4. Substituted for the words 'of the Union territory of Pondicherry 'by Act 86 of 1976 S. 2(ii) (30-9-1976) See S.O. 141 (E) of 1976).

5. Inserted by Government of Union Territories (Amendment) Act (1984), S. 2 (-5-84).

6. Substituted for the words "2000" by the Govt of Union Territories And The Govt of National Capital Territory of Delhi (Amendment) Act, 2005"

7. Substituted for the words "1971"by the Govt of Union Territories And The Govt of National Capital Territory of Delhi (Amendment) Act, 2005"


Section 4. Qualification for membership of Legislative Assembly

A person shall not be qualified to be chosen to fill a seat in the Legislative Assembly of1[the Union territory] unless he-

(a) is a citizen of India and makes and subscribes before some person authorised in that behalf by the Election Commission an oath or affirmation according to the form setout for the purpose in the First Schedule;

(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.

1. Substituted for the words "a Union territory" by the Goa, Daman and Diu Reorganisation Act ( 18 of 1987), S.65(a) (30-5-87).


Section 5. Duration of Legislative Assemblies

The Legislative Assembly of1[the Union territory] unless sooner dissolved, shall continue for five years from the date appointed for its first meeting and no longer, and the expiration of the said period of five years shall operate as dissolution of the Assembly:

Provided that the said period may, while a Proclamation of Emergency issued under clause (1) of article 352 is in operation, be extended by the President by order for a period not exceeding one year at a time and not extending in any case beyond a period of six months after the Proclamation has ceased to operate.

1. Substituted for the words "a Union territory" by Goa, Daman and Diu Reorganisation Act (18 of 1987). S. 65(a) (30-5-87).


Section 6. Sessions of Legislative Assembly, prorogation and dissolution

(1) The Administrator 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 session.

(2) The Administrator may from time to time.--

(a) prorogue the Assembly;

(b) dissolve the Assembly.

Section 7. Speaker and Deputy Speaker of Legislative Assembly

(1) Every 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 an Assembly-

(a) shall vacate his office if he ceaes to be a member of the Assembly-

(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;

(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:

Provided that no resolution for the purpose of clause (e) shall be moved unless at least 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 dissolution.

(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 Assembly.

(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 of the Union territory by law and, until provision in that behalf is so made, such salaries and allowances as the Administrator may, with the approval of the President, by order determine.

Section 8. Speaker or Deputy Speaker not to preside while a resolution for his removal from office is under consideration

(1) At any sitting of the Legislative Assembly, while any resolution for the removal of 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 absent.

(2) The Speaker shall have the right to speak in, and otherwise to take part in the proceedings of, the Legislative Assembly while any resolution for his removal from office is under consideration in the Assembly 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.

Section 9. Right of Administrator to address and send messages to Legislative Assembly

(1)The Administrator may address the Legislative Assembly and may for that purpose require the attendance of members.

(2) The Administrator may also send messages 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 dispatch consider any matter required by the message to be taken into consideration.

Section 10. Rights of Ministers as respects Legislative Assembly

Every Minister shall have the right to speak in, and otherwise to take part in the proceedings of, the Legislative Assembly of the Union Territory, and to speak in, and otherwise to take part in the proceedings of, any committee of the Legislative Assembly of which he may be named a member but shall not by virtue of this section be entitled to vote.

Section 11. Oath or affirmation by members

Every member of the Legislative Assembly of1[the Union Territory] shall, before taking his seat, make and subscribe before, the Administrator, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the First Schedule.

1. Substituted for the words "a Union territory" by Goa, Daman and Diu Reorganisation Act (18 of 1987), S. 65(a) (30-5-87).


Section 12. Voting in Assembly, power of Assembly to act notwithstanding vacancies and quorum

(1) Save as otherwise provided in this Act, all questions at any sitting of the Legislative Assembly of1[the Union Territory] 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 votes.

(3) The Legislative Assembly of1[the Union Territory] shall have power to act notwithstanding any vacancy in the membership thereof, and any proceedings in the Legislative Assembly of1[the Union Territory] 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 of a1[the Union Territory] shall be one-third of the total number of members of the Assembly.

(5) If at any time during a meeting of the Legislative Assembly of1[the 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.

1. Substituted for the words "a Union territory" by Goa, Daman and Diu Reorganisation Act (18 of 1987), S. 65(a) (30-5-87).