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GOA, DAMAN AND DIU (ADMINISTRATION) ACT, 1962
GOA, DAMAN AND DIU (ADMINISTRATION) ACT, 1962
1 of 1962
27th March, 1962
STATEMENT OF OBJECTS AND REASONS On the acquisition of the territories of Goa, Daman and Diu with effect from the 20th December, 1961, these territories have, by virtue of sub-clause (c) of clause (3) of Article I of the Constitution, been comprised within the territory of India from that date and they are being administered as a Union territory by the President through an Administrator in accordance with
Article 239 of the Constitution. 2. It was necessary to take immediately certain consequential measures in regard to the administration of Goa, Daman and Diu, as for example, continuance of existing laws and provision of indemnity to the Administrator and his subordinates against action taken by them in good faith. These proposals have to be given effect to by a law of Parliament as Parliament was not in session and as it was considered necessary to take immediate action, the Goa, Daman and Diu (Administration) Ordinance, 1962 (No. 2 of 1962) was not promulgated to provide for these administrative measures. 3. The present Bil seeks to replace the Ordinance by an Act of Parliament. It seeks to make provisions relating to the appointment of officers, continuance of existing laws until amended or repealed, extension of enactments in force in a State to Goa, Daman and Diu and also to make provisions for indemnity of the Administrator and his officers against action taken by them in good faith. The Bill further provides for the representation of the Union territory of Goa, Daman and Diu in the Lok Sabha and for extension of the jurisdiction of the High Court at Bombay to the Union territory.- Gazette of India, 12-3-1962, Pt. II, Sec. 2, Extra p. 8.
An Act to provide for the administration of the Union territory of Goa, Daman and Diu and for matters connected therewith. Be it enacted by Parliament in the Thirteenth Year of the Republic of India as follows:-
SECTION 01: SHORT TITLE AND COMMENCEMENT
(1) This Act may be called the Goa, Daman and Diu (Administration) Act, 1962.
(2) It shall be deemed to have come into force on the 5th day of March. 1962.
SECTION 02: DEFINITIONS
- In this Act, unless the context otherwise requires,-
(a) "Administrator" means the Administrator of Goa, Daman and Diu appointed by the President under Art. 239 of the Constitution;
(b) "appointed day" means the twentieth day of December, 1961;
(c) "Goa, Daman and Diu" means the Union territory of Goa, Daman and Diu.
SECTION 03: REPRESENTATION IN THE HOUSE OF THE PEOPLE
(1) There shall be allotted two seats to the Union territory of Goa, Daman and Diu in the House of the People.
(2) Inthe Representation of the People Act, 1950-,-
(a) insection 4 -, in sub-section (1), after the words "to Dadra and Nagar Haveli", the words "to Goa, Daman and Diu" shall be inserted;
(b) in the First Schedule,-
(i) after entry 22, the following entry shall be inserted, namely :- "23. Goa, Daman and Diu .......... 2";
(ii) entries 23 and 24 shall be renumbered as entries 24 and 25, respectively.
(3) Inthe Representation of the People Act, 1951 -, in section 4-, after the words "to Dadra and Nagar Haveli", the words "to Goa, Daman and Diu" shall be inserted.
SECTION 04: OFFICERS AND FUNCTIONARIES IN RELATION TO GOA, DAMAN AND DIU
Without prejudice to the powers of the Central Government to appoint from time to time such officers and authorities as may be necessary for the administration of Goa, Daman and Diu, all judges, magistrates and other officers and authorities who, immediately before the commencement of this Act, were exercising lawful functions in connection with the administration of Goa, Daman and Diu or any part thereof, shall, unless otherwise directed at any time by the Central Government in relation to any such judge, magistrate or other officer or authority, or until other provision is made by law, continue to exercise in connection with such administration their respective functions in the same manner and to the same extent as before such commencement with such altered designation, if any, as that Government may determine.
SECTION 05: CONTINUANCE OF EXISTING LAWS AND THEIR ADAPTATION
(1) All laws in force immediately before the appointed day in Goa, Daman and Diu or any part thereof shall continue to be in force therein until amended or repealed by a competent Legislature or other competent authority,
(2) For the purpose of facilitating the application of any such law in relation to the administration of Goa, Daman and Diu as a Union territory and for the purpose of bringing the provisions of any such law into accord with the provisions of the Constitution, the Central Government may, within two years from the appointed day, by order, make such adaptations and modifications, whether by way of repeal or amendment, as may be necessary or expedient and thereupon, every such law shall have effect subject to the adaptations and modifications so made.
SECTION 06: POWER TO EXTEND ENACTMENTS TO GOA, DAMAN AND DIU
The Central Government may, by notification in the Official Gazette, extend with such restrictions or modifications as it thinks fit to Goa, Daman and Diu any enactment which is in force in a State at the date of the notification.1
SECTION 07: EXTENSION OF THE JURISDICTION OF BOMBAY HIGH COURT TO GOA, DAMAN AND DIU
[Repealed by the Goa, Daman and Diu Judicial Commissioner's Court (Declaration as High Court) Act, 1964 (16 of 1964)-,section 8-(16-12-1964).]
SECTION 08: POWER TO CONSTRUE LAWS
For the purpose of facilitating the application of any law in relation to Goa, Daman and Diu, any Court or other authority may construe any such law in such manner not affecting the substance, as may be necessary or proper to adapt it to the matter before the Court or other authority.
SECTION 09: VALIDATION OF CERTAIN ACTION AND INDEMNITY OF OFFICERS FOR CERTAIN ACTS
(1) All things done and all action taken (including any acts of executive authority, proceedings, decrees and sentences) in or with respect to Goa, Daman and Diu on or after the appointed day and before the commencement of this Act, by the Administrator or any other officer, whether civil or military, or by any other person acting under the orders of the Administrator or such officer, which have been done or taken in good faith in a reasonable belief that they were necessary for the peace and good government of Goa, Daman and Diu shall be as valid and operative as if they had been done or taken in accordance with law.
(2) No suit or other legal proceeding whatsoever, whether civil or criminal, shall lie in any Court of law against the Administrator or any other officer of Government, whether civil or military, or against any other person acting under the orders of the Administrator or such other officer, for, or on account of, or in respect of, anything done or any action taken in Goa, Daman and Diu or any part thereof on or after the appointed day and before the commencement of this Act which has been done or taken in good faith and in a reasonable belief that it was necessary for the peace and good government of Goa, Daman and Diu: Provided that if any such suit or other legal proceeding has been instituted before the commencement of this Act, it shall, on such commencement, abate.
SECTION 10: POWER TO REMOVE DIFFICULTIES
(1) If any difficulty arises in giving effect to the provisions of this Act or in connection with the administration of Goa, Daman and Diu, the Central Government may, by order, make such further provision as appears to it to be necessary or expedient for removing the difficulty.2
(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 11: REPEAL AND SAVING
(1) The Goa, Daman and Diu (Administration) Ordinance, 1962, is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken in exercise of any of the powers conferred by or under the said Ordinance shall be deemed to have been done or taken in exercise of the powers conferred by or under this Act.
Footnotes:
1. For such notifications see S. 0.847, Gazette of India, 1962, Pt. II, Sec. 3(ii), Extra, page 517; S. 0. 2734 and S. O.2735, Gazette of India, 1962, Pt. II, Sec. 3 (ii). Extra, page 1991 and Gazette of India, 25-3-1967, Pt. II, Sec. 3(i), page 471.
2. For such Orders, see Gazette of India, 1962, Pt. II, Sec. 3(ii). Extra., pp. 517 and 2396 and Gazette of India, 1965, Pt. II, Sec. 3(ii), p. 528; Gazette of India, 1966, Pt. II, Sec. 3(ii), p. 1299.
