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GOA, DAMAN AND DIU REORGANISATION ACT, 1987

Ministry of Law and Justice

Act nº 18 of 1987


  • Part I
  • Part II
  • Part III
  • Part IV
  • Part V
  • Part VI
  • Part VII
  • Part VIII
  • Part IX
  • Schedules
  • Act nº 18 of 1987

Preamble

THE GOA, DAMAN AND DIU REORGANISATION ACT, 1987

[Act, No. 18 of 1987]

[23rd May, 1987]

PREAMBLE

An Act to provide for the reorganisation of the Union territory of Goa, Daman and Diu and for matters connected therewith.

BE it enacted by Parliament in the Thirty-eight Year of the Republic of India as follows:--

Part I

Section 1. Short title

This Act may be called the Goa, Daman and Diu Reorganisation Act, 1987.

Section 2. Definitions

In this Act, unless the context otherwise requires,--

(a) "Administrator" means the administrator appointed by the President under article 239;

(b) "appointed day" means the day which the Central Government may, by notification, appoint a;

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

(d) "assembly constituency" and "parliamentary constituency" have the same meanings as in the Representation of the People Act, 1950;

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

(f) "existing Union territory" means the Union territory of Goa, Daman and Diu as existing immediately before the appointed day;

(g) "law" includes any enactment, ordinance, regulation, order, bye-law, rule, scheme, notification or other instrument having, immediately before the appointed day, the force of law in the whole or any part of the existing Union territory;

(h) "notification" means a notification published in the Official Gazette;

(i) "population ratio", in relation to the State of Goa, and the Union, means the ratio of 42: 3.25;

(j) "sitting member", in relation to the House of the People or of the Legislative Assembly of the existing Union territory means a person who, immediately before the appointed day, is a member of that House or that Assembly;

(k) "treasury" includes a sub-treasury.

Part II

Section 3. Formation of State of Goa

On and from the appointed day, there shall be formed a new State to be known as the State of Goa comprising the territories which immediately before that day were comprised in the Goa district of the existing Union territory.

Section 4. Formation of Union territory of Daman and Diu

On and from the appointed day, there shall be formed a new Union territory to be known as the Union territory of Daman and Diu comprising the territories which, immediately before that day, were comprised in the Daman and Diu districts of the existing Union territory.

Section 5. Amendment of First Schedule to the Constitution

On and from the appointed day, in the First Schedule to the Constitution,--

(a) under the heading "1. THE STATES", after Entry 24, the following entry shall be inserted, namely:--

"25. Goa The territories specified in section 3 of the Goa, Daman and Diu Reorganisation Act, 1987.";

(b) under the heading "II. The Union Territories", for Entry 5, the following entry shall be substituted, namely:--

Daman and Diu

The territories specified in section 4 of the Goa Daman and Diu Reorganisation Act, 1987."

Part III

Section 6. Amendment of the Fourth Schedule to the Constitution

On and from the appointed day, in the Fourth Schedule to the Constitution, in the Table,--

(a) entries 4 to 26 shall be renumbered as entries 5 to 27 respectively;

(b) after entry 3, the following entry shall be inserted, namely:--

"4.Goa.....l";

(c) for the figures "232", the figures "233" shall be substituted.

Section 7. Election to fill the seat alloted to the State of Goa

As soon as may be after the appointed day, election shall be held to fill the seat allotted in the Council of States to the State of Goa.

Section 8. Allocation of seats in the House of the People

On and from the appointed day, there shall be allotted two seats to the State of Goa, and one seat to the Union territory of Daman and Diu in the House of the People and the First Schedule to the Representation of the People Act, 1950 shall be deemed to be amended accordingly.

Section 9. Parliamentary constituency of Union territory of Daman and Diu

The whole of the Union territory of Daman and Diu shall form one parliamentary constituency to be called the Daman and Diu parliamentary constituency and as soon as may be after the appointed day, election shall be held to the House of the People to elect a representative from that constituency, as if the seat of the member elected to the House of the People from that constituency has become vacant and the provisions of section 149 of the Representation of the People Act, 1951 shall, so far as may be apply in relation to such election.

Section 10. Parliamentary constituencies

On and from the appointed day,--

(a) the Panaji parliamentary constituency, excluding the Daman and Diu assembly constituencies, and the Mormugao parliamentary constituency in the existing Union territory shall be deemed to be the parliamentary constituencies of the State of Goa and accordingly, in Part A of Schedule XXVI to the Delimitation of Parliamentary and Assembly Constituencies Order, 1976, for the figures and words "12-Cumbarjua, 13-Santo Andre, 29-Daman and 30-Diu", the figures and words "12-Cumbarjua and 13-Santo Andre" shall be substituted;

(b) the Daman and Diu assembly constituencies in the existing Union territory shall be deemed to comprise the parliamentary constituency of the Union territory of Daman and Diu.

Section 11. Provisions as to sitting members

(1) The sitting member of the House of the People representing the Panaji parliamentary constituency which, on the appointed day, by virtue of the provisions of clause (a) of section 10 stands altered and becomes a parliamentary constituency of the State of Goa shall, as from that day, be deemed to have been duly elected to that House by that constituency as so altered.

(2) The sitting member of the House of the People representing the Mormugao parliamentary constituency which, on the appointed day, by virtue of the provisions of clause (a) of section 10 becomes a parliamentary constituency of the State of Goa shall, as from that day, be deemed to have been duly elected to that House by that constituency in that State.