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DADRA AND NAGAR HAVELI ACT, 1961
35 of 1961
2nd September, 1961
OBJECTS AND REASONS "At the request of the Varishta Panchayat and the people of Free Dadra and Nagar Haveli it is proposed to integrate the areas with the Union of India with effect from the 11th August, 1961. The Bill seeks to make provisions relating to the representation of the territory in Parliament, for the administration of that territory and lor matters connected therewith."- Gaz. of Ind... 1961. Ext., Pt. II. Sec. 2. p. 706.
All Act to make provision for the representation of the Union Territory of Dadra and Nagar Haveli in Parliament and lor the administration of that Union territory and for matters connected therewith. Be it enacted by Parliament in lhe Twelfth Year of lhe Republic of India as follows -
SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT
(1) This Act may be called the Dadra and Nagar Haveli Act, 1961.
(2) It extends to lhe whole of lhe Union territory of Dadra and Nagar Havali.
(3) It shall be deemed to have come into force on the 11th day of August, 1961.
SECTION 02: DEFINITIONS
- In this Act unless the context otherwise requires,-
(a) "Administrator" means the Administrator of the Union Territory of Dadra and Nagar Haven appointed by lhe President under Art. 239 of the Constitution;
(b) "appointed day" means the eleventh day of August, 1961;
(c) "Dadra and Nagar Haveli" means the Union territory of Dadra and Nagar Haveli;
(d) "Varishta Panchayat" means the Varishta Panchavat as in existence immediately before the appointed day.1[andas reconstituted from lime lo lime in accordance with law.)
SECTION 03: REPRESENTATION IN THE HOUSE OF THE PEOPLE
(1) There shall be allolled one seat to the Union territory of Dadra and Nagar Haveli in the House of the People.
(2) Inthe representation of the People Act, 1950-,-
(a) insection 4-, in sub -section (1), after lhe words "to lhe Laccadive, Minicoy and Amindivi Islands", lhe words "to Dadra and Nagar Haveli" shall be inserted;
(b) in the First Schedule -
(i) after entry 21. lhe following entry shall be inserted, namely: "22. Dadra and Nagar Haveli........1";
(ii) entries 22 and 23 shall be renumbered as entries 23 and 24 respectively.
(3) In the Representation of the People Act 1951-, insection 4-, after the words "to the Laccadive. Minicoy and Amindivi Islands2the words, "to Dadra and Nagar Haveli" shall be inserted.
SECTION 04: VARISHTA PANCHAYAT
(1) Until other provision is made by law, as from the commencement of this Act the Varishla Panchayat shall have the right to discuss and make recommendations to the Administrator on,-
(a) matters of administration involving general policy and schemes of development;
(b) any other matter referred to it by the Administrator.
(2) The functions of the Varishta Panchayat referred to in this section will be advisory only but due regard shall he given to such advice by the Administrator in reaching decisions on the matter in relation to which the advice is given.
(3) No act or proceeding of lhe Varishta Panchayat shall be invalid by reason only of the existence of any vacancy amongst its members or any defect in the constitution thereof.
(4) Every member of the Varishta Panchayat shall before entering upon his duties under this Act make and subscribe before the Administrator an oath or affirmation in the following form, namely-
(i). A. B.. a member of the Varishta Panchayat of the Union Territory of Dadra and Nagar Haveli 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 faithfully discharge the duty upon which I am about lo enter."
SECTION 05: OTHER FUNCTIONARIES
- Without prejudice to the power of lhe Central Government to appoint from time to time such officers and authorities as may be necessary for the administration of Dadra and Nagar Haveli, all Judges, Magistrates and other officers and authorities who immediately before the appointed day were exercising lawful functions in Free Dadra and Nagar Haveli or any part thereof shall. until other provision is made by law. continue to exercise in connection with the administration of Dadra and Nagar Haveli their respective functions in the same manner and to the same extent as before the appointed day3
SECTION 06: PROPERTY AND ASSETS
- It is hereby declared that all properly and assets which immediately before the appointed day vested in the Varishta Panchayat or the Administrator of Free Dadra and Nagar Haveli shall, as from that day, vest in the Union.
SECTION 07: RIGHTS AND OBLIGATIONS
- All rights, liabilities and obligations of the Varishta Panchayat or the Administrator of Free Dadra and Nagar Haveli in relation to Free Dadra and Nagar Haveli shall, as from the appointed day, be the rights, liabilities and obligations of the (central Government.
SECTION 08: CONTINUANCE OF EXISTING LAW
- Save as otherwise provided in this Act all laws in force in Free Dadra and Nagar Haveli immediately before the appointed day shall continue to be in force until repeated or amended by Parliament or other competent authority.
SECTION 09: CONTINUANCE OF EXISTING TAXES
- All taxes, duties, cesses or fees which immediately before the appointed day, were being lawfully levied in Free Dadra and Nagar Haveli or any part thereof shall continue to be levied and to be applied to the same purposes, until other provision is made by Parliament or other competent authority.
SECTION 10: POWER TO EXTEND ENACTMENTS TO DADRA AND NAGAR HAVELI
5- The Central Government may, by notification in the Official Gazette. extend with such restrictions or modifications as it thinks fit, to Dadra and Nagar Haveli any enactment which is in force in a State at the date of the notification.
SECTION 11: EXTENSION OF THE JURISDICTION OF BOMBAY HIGH COURT LO DADRA AND NAGARHAVELI
- As from such date6as the Central Government may, by notification in the Official Gazette, specify the jurisdiction of the High Court at Bombay shall extend to Dadra and Nagar Haveli.
SECTION 12: POWER OF COURTS AND OTHER AUTHORITIES FOR PURPOSE OF FACILITATING THEAPPLICATION OF LAWS
- For the purpose of facilitating the application of any law in Dadra and Nagar Haveli, any Court or other authority may construe any such law with such alterations not affecting the substance, as may be necessary or proper to adopt it to the matter before the Court or other authority.
SECTION 13: POWER TO REMOVE
- 7difficulties-
(1) If any difficulty arises in giving effect to the provisions of this Act or in connection with the administration of Dadra and Nagar Haveli, the Central Government may by order, make such further provision as appears to it to be necessary or expedient for removing the difficulty.
(2) Any order under sub-section (1) may be made so as to be retrospective to any date not earlier than the appointed day.
SECTION 14: POWER TO MAKE RULES
8(1) The Central Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following maners namely-
(a) the manner in which casual vacancies in the Varishta Panchayat may be filled;
(b) the meetings of the Varishta Panchayat, the conduct of business and the procedure io be followed at such meetings:
(c) any other matter which has to be, or may be, prescribed.
(3) Every rule made under this Act shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may he comprised in one session or9[in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid in which it is both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
Footnotes:
1. Inserted by the Dadra and Nagar Haveli Village Pannchayats Regulation. 1965 (Regn.3 of' 1965). S. 69.
2. These arc now known as 'Lakshadweep Islands'- See Act 34 of 1973.
3. That is 11-8-1961.
5. M. P. Kolahal Niyantran Adhiniyam (1 of 1986) has been extended to Union territory of Dadra and Nagar Haveli subject to the modifications in the M. P. Act as under- MODIFICATIONS 1. Throughout the Act. for the words "State Government". the word "Administrator" shall be substituted. 2. In Section 1.- (a) In sub-section (2). for the words ''Madhya Pradesh" the words "Union territory of Dadra and Nagar Haveli" shall be substituted. (b) for sub-section (3), the following shall be substituted, namely: "(3) It shall come into force in such areas and on such date as the Administrator may, by notification, appoint and different dates may be appointed for different areas in the Union territory". 3. In section 2.- (i) clause (a ) shall be re-numbered as clause (aa) thereof and before the clause so re-numbered, the following clause shall be inserted, namely: "(a) "Administrator" means the Administrator of Union territory of Dadra and Nagar Haveli appointed by the President under article 239 of the Constitution": (ii) in clause (d). the words "not below the rank of a Naib Tehsildar" shall be omitted. 4. In section 12. for the words "(commissioner of a Division". the words "District Magistrate" shall be substituted. 5. In section 19. sub-section (3) shall be omitted. 6. Section 20 shall be omitted. - See Gaz. of' Ind., 20-9-1989. Pt. II. S. 3 (i). Ext., P.8 (No. 502).
6. Date specified under the section is 1-7-1965- Gaz. of Ind., 17-6-1965, Pt. II. S. 3 (ii). Ext.. p. 579.
7. For Dadra and Nagar Haveli (Removal of Difficulties) Order, 1962, see G.S.R.. 1687 published in Gaz. Ind. 15-12-1962. Pt. II. S, 3 (i). p. 2018.
8. For Dadra and Nagar Haveli Varishta Panchayat Rules, 1962, see G.S.R. 186. Gaz., Ind., 17-2-1962. Pt. II, S. 3 (i), p. 156 as amended from time to time.
9. Substituted for the words "in two successive sessions, and if before the expiry of that session in which it is so laid or the session immediately following" by the Delegated Legislation Provisions (Amendment) Act (4 of 1986) S. 2. Sch., (15-5- 1986).
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