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GOVERNMENT OF UNION TERRITORIES ACT, 1963
20 of 1963
10th May, 1963
An Act to provide for Legislative Assemblies and Councils of Ministers for certain Union Territories and for certain other matters. Be it enacted by Parliament in the Fourteenth Year of the Republic of India as follows :-
SECTION 01: 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.]34[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.
SECTION 02: DEFINITIONS AND INTERPRETATION
(1) In this Act, unless the context otherwise requires,-
(a) "Administrator" means the administrator of6[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 of6[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 to6[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 to6[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;
5 (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.
SECTION 03: LEGISLATIVE ASSEMBLIES FOR UNION TERRITORIES AND THEIR COMPOSITION
(1) There shall be a Legislative Assembly for each Union Territory.
7[(2) The total number of seats in the Legislative Assembly of10[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 of10[the Union Territory].
8[(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 Assembly9[of10[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.
11Explanation.- 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 year 2000 have been published, be construed as a reference to the 1971 census].
8[(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].
SECTION 04: QUALIFICATION FOR MEMBERSHIP OF LEGISLATIVE ASSEMBLY
A person shall not be qualified to be chosen to fill a seat in the Legislative Assembly of12[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 set out 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.
SECTION 05: DURATION OF LEGISLATIVE ASSEMBLIES
The Legislative Assembly of13[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.
SECTION 06: 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 07: 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 ceases 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 08: 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 09: 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 of14[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.
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 of15[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 of15[the Union Territory] shall have power to act notwithstanding any vacancy in the membership thereof, and any proceedings in the Legislative Assembly of15[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 a [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 of15[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.
SECTION 13: VACATION OF SEATS
(1) No person shall be a member both a Parliament and of the Legislative Assembly of17[the 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 of the Union Territory.
(2) If a member of the Legislative Assembly of17[the Union territory]-
(a) becomes subject to any disqualification mentioned in16[section 14-orsection 14A-] for membership of the Assembly, or
(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 of17[the Union Territory] is without permission of the Assembly 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.
SECTION 14: DISQUALIFICATIONS FOR MEMBERSHIP
(1) A person shall be disqualified for being chosen as, and for being, a member of the Legislative Assembly of18[the Union territory]-
(a) if he holds any office of profit under the Government of India or the Government of any State or the Government of18[the Union Territory], other than an office declared by law made 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 (d) of clause (1) of article 102 or of any law made in pursuance of that article.
(2) For the purposes of this 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 .18(3) If any question arises as to whether a member of the Legislative Assembly of18[the 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 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.
SECTION 14A: DISQUALIFICATION ON GROUND OF DEFECTION FOR BEING A MEMBER
The provisions of the Tenth Schedule to the Constitution shall, subject to the necessary modifications (including modifications for construing references therein to the Legislative Assembly of a State, Article 188, Article 194 and Article 212 as references, respectively, to the Legislative Assembly of20[the Union territory],section 11-,section 16-andsection 37-of this Act), apply to and in relation to the members of the Legislative Assembly of20[the Union territory] 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; and
(b) a person shall be disqualified for being a member of the Legislative Assembly of20[the Union territory] if he is so disqualified under the said Tenth Schedule as so modified].
SECTION 15: PENALTY FOR SITTING AND VOTING BEFORE MAKING OATH OR AFFIRMATION OR WHEN NOT QUALIFIED OR WHEN DISQUALIFIED
If a person sits or votes as a member of the Legislative Assembly of22[the Union Territory] before he has complied with the requirements of section 11-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 Union.
SECTION 16: POWERS, PRIVILEGES, ETC., OF MEMBERS
(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 Assembly of23[the Union territory].
(2) No member of the Legislative Assembly of23[the Union territory] 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 of23[the 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 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 of23[the Union territory] or any committee thereof as they apply in relation to members of that Assembly.
SECTION 17: SALARIES AND ALLOWANCES OF MEMBERS
Members of the Legislative Assembly of24[the Union Territory] shall be entitled to receive such salaries and allowances as may from time to time be determined 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 18: EXTENT OF LEGISLATIVE POWERS
(1), Subject to the provisions of this Act the Legislative Assembly of [the 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 the (concurrent List in the Seventh Schedule to the Constitution in so far as 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 Cons the Constitution to make laws with respect to any matter for25[the Union territory] or any part thereof.
SECTION 19: EXEMPTION OF PROPERTY OF THE UNION FROM TAXATION
The property of the Union shall, save in so far as Parliament may by law otherwise provide, be exempted from all taxes 0imposed by or under any law made by the Legislative Assembly of26[the Union territory] or by or under any other law in force in26[the Union territory] : Provided that nothing in this section shall, until Parliament by law otherwise provides, prevent any authority within26[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 that tax continues to be levied in that Union territory.
SECTION 20: RESTRICTIONS ON LAWS PASSED BY LEGISLATIVE ASSEMBLY WITH RESPECT TO CERTAIN MATTERS
27[(1)] The provisions of article 286, article 287 and article 288 shall apply in relation to any law passed by the Legislative Assembly of29[the 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.
28[(2) The provisions of article 304 shall, with the necessary modifications, apply in relation to any law passed by the Legislative Assembly of29[the Union territory 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 matters.]
SECTION 21: INCONSISTENCY BETWEEN LAWS MADE BY PARLIAMENT AND LAWS MADE BY LEGISLATIVE ASSEMBLY
If any provision of a law made by the Legislative Assembly of31[the Union territory] with respect to any matter enumerated in the State List in the Seventh Schedule to the Constitution is repugnant to any provision of a law made by Parliament with respect to that matter, whether passed before or after the law made by the Legislative Assembly of the Union territory or, if any provision of a law made by the Legislative Assembly of31[the Union territory] with respect to any matter enumerated in the concurrent list in the Seventh Schedule to the Constitution is repugnant to any provision of any earlier law other than a law made by the Legislative Assembly of the Union territory, with respect to that matter, then, in either case, the law made by Parliament, or as the case may be, such earlier law shall prevail and the law made by the Legislative Assembly of the Union territory shall, to the extent of repugnancy, be void: Provided that if such law made by the Legislative Assembly of the Union territory has been reserved for the consideration of the President and has received his assent, such law shall prevail in that Union territory: Provided further that nothing in this section shall prevent Parliament from enacting at any time any law with respect to the same matter including a law adding to, amending, varying or repealing the law so made by the Legislative Assembly of the Union territory.]
SECTION 22: SANCTION OF THE ADMINISTRATOR REQUIRED FOR CERTAIN LEGISLATIVE PROPOSALS
No Bill or amendment shall be introduced into or moved in, the Legislative Assembly of32[the Union territory] without the previous sanction of the Administrator, if such Bill or amendment makes provision with respect to any of the following matters, namely:-
(a) constitution and organisation of the court of the Judicial Commissioner;
(b) jurisdiction and powers of the Court of the Judicial Commissioner with respect to any of the matters in the State List or the Concurrent List in the Seventh Schedule to the Constitution.
SECTION 23: SPECIAL PROVISIONS AS TO FINANCIAL BILLS
(1) A Bill or amendment shall not be introduced into, or moved in, the Legislative Assembly of33[the Union territory] except on the recommendation of the Administrator, if such Bill or amendment makes provision for any of the following matters, namely:-
(a) the imposition, abolition, 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;
(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;
zza["(e) the receipt of money on account of the Consolidated Fund of the Union territory or the public account of the Union territory or the custody or issue of such money or the audit of the accounts of the Union territory:".]s
(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 purposes.
(3) A Bill which, if enacted and brought into operation, would involve expenditure from the Consolidated Fund of33[the Union territory] shall not be passed by the Legislative Assembly of the Union Territory unless the Administrator has recommended to that Assembly the consideration of the Bill.
SECTION 24: PROCEDURE AS TO LAPSING OF BILLS
(1) A Bill pending in the Legislative Assembly of34[the Union territory] shall not lapse by reason of the prorogation of the Assembly.
(2) A Bill which is pending in the Legislative Assembly of34[the Union territory] shall lapse on a dissolution of the Assembly.
SECTION 25: ASSENT TO BILLS
When a bill has been passed by the Legislative Assembly of36[the Union territory], it shall be presented to the Administrator and the Administrator 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. Provided that the Administrator may, as soon as possible after the presentation 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 Administrator for assent, the Administrator shall declare either that he assents to the Bill or that he reserves the Bill for the consideration of the President: Provided further that the Administrator shall not assent to, but shall reserve for the consideration of the President, any Bill which,-
(a) in the opinion of the Administrator would, if it became law, so derogate from the Powers .of the High Court as to endanger the position which that Court is, by the Constitution, designed to fill; or
(b) relates to any of the matters specified in clause (1) of Article 31 A; or
(c) the President may, by order, direct to be reserved for his consideration; or
(d) relates to matters referred to in sub-section (5) of Section 7-orSection 17-orSection 34-or sub-section (6) of Section 45-or in Entry I or Entry 2 of the State List in the Seventh Schedule to the Constitution: Provided also that without prejudice to the provisions of the second proviso, the Administrator shall not assent to, but shall reserve for the consideration of the President, any Bill which has been passed by the Legislative Assembly of the Union Territory of Mizoram and which relates to any area comprised in any autonomous district in that Union Territory under the Sixth Schedule to the Constitution.
Explanation.- For the purposes of this section and Section 25A-, 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 23-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 Bill.
SECTION 25A: BILLS RESERVED FOR CONSIDERATION
When a Bill is reserved by an Administrator for the consideration of the President, the President shall declare either that he assents to the Bill or that he withholds assent therefrom: Provided that where the Bill is not a Money Bill, the President may direct the Administrator to return the Bill to the Legislative Assembly together with such a message as is mentioned in the First Proviso to Section 25-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 consideration.]
SECTION 26: REQUIREMENTS AS TO SANCTION AND RECOMMENDATION TO BE REGARDED AS MATTERS OF PROCEDURE-ONLY
No Act of the Legislative Assembly of38[the Union territory], and no provision in any such Act, shall be invalid by reason only that some previous sanction or recommendation required by this Act was not given, if assent to that Act was given37[by the Administrator, or on being reserved by the Administrator for the consideration of the President, by the President.]
SECTION 27: ANNUAL FINANCIAL STATEMENT
(1) The Administrator of39[the Union territory] shall in respect of every financial year cause to be laid before the Legislative Assembly of the Union territory, with the previous approval 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 shall show separately-
(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;
and shall distinguish expenditure on revenue account from other expenditure.
(3) The following expenditure shall be expenditure charged on the Consolidated Fund of39[the Union territory] :-
(a) the emoluments and allowances of the Administrator and other expenditure relating to his office 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 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;
(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;
(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.
SECTION 28: PROCEDURE IN LEGISLATIVE ASSEMBLY WITH RESPECT TO ESTIMATES
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