The Goa, Daman and Diu (Administration) Act, 1962

Summary of Goa, Daman and Diu (Administration) Act, 1962
Key Provisions Summary
1. Administration & Commencement
• Effective Date: Deemed in force from 5th March, 1962
• Administrator: Appointed by the President under Article 239 of the Constitution
• Appointed Day for Contextual References: 20th December, 1961, with "Administration" construed as the Administrator of Pondicherry and "State of Pondicherry" as Pondicherry for contextual clarity in related legislative interpretations.
2. Representation & Legislative Framework
• Parliamentary Seats: 2 seats allocated to the Union territory in the House of the People
• Law Continuity & Adaptation: Existing laws continued with the Central Government empowered to adapt them within 2 years for Constitutional alignment
3. Judicial & Administrative Continuity
• Officers & Courts: Pre-commencement judges, magistrates, and officers continued with possible role adjustments
• Central Oversight: Power to appoint new authorities as necessary
4. Legal & Judicial Provisions
• Law Extension: Central Government could extend enactments from other states with modifications
• Judicial Interpretation Power: Courts could construe laws for effective application without altering their substance
5. Validation, Indemnity, & Difficulty Resolution
• Validation of Pre-Act Actions: Done in good faith for governance
• Indemnity: Against suits for good faith actions
• Removing Difficulties: Central Government's power to address administrative challenges
6. Repeal & Savings
• Repealed Ordinance: Goa, Daman and Diu (Administration) Ordinance, 1962
• Savings Clause: Actions under the repealed Ordinance deemed valid under this Act

Legislative History:

The Goa, Daman and Diu (Administration) Act, 1962

● Act Title - The Goa, Daman and Diu (Administration) Act, 1962

● Act Number / Year - 1 of 1962

● Act ID (India Code) - 196201

● Presidential Assent Date - March 27, 1962

● Enforcement Date - March 5, 1962

● Nodal Ministry - Ministry of Home Affairs

Precedent & Historical Rationale

● Integration of Liberated Portuguese Territories - Enacted following Operation Vijay in December 1961, which liberated Goa, Daman, and Diu from over four centuries of Portuguese rule, providing an interim legal and administrative mechanism for governing the newly acquired territory.

● Continuance of Laws and High Court Jurisdiction - Formulated to ensure continuity of existing local laws and civil rights until explicitly altered or repealed by a competent legislature, while extending the jurisdiction of the High Court at Bombay over the territory.

Parliamentary Trajectory & Enactment

● Formulation - Introduced by the Central Government alongside the Constitution (Twelfth Amendment) Act, 1962, which formally incorporated Goa, Daman, and Diu as a Union Territory into the First Schedule of the Constitution.

● Parliamentary Passage - Debated and passed by both Houses of Parliament (Third Lok Sabha and Rajya Sabha) in March 1962.

● Presidential Assent - Received Presidential Assent on March 27, 1962.

● Enforcement - Enforced on March 5, 1962.

Source - Official Record of Parliament, India Code, and Ministry of Home Affairs.