The Government of Union Territories Act, 1963
Administered Ministry: Ministry of Home Affairs / Department of States
Section
Section 1 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 date1 as 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 (83 of 1971), as the Central Government may, by notification in the Official Gazette, appoint:]
3[Provided further that it shall come into force in the Union territory of Arunachal Pradesh on such date, being a date not earlier than the date of commencement of the Government of Union Territories (Amendment) Act, 1975 (29 of 1975), as the Central Government may, by notification in the Official Gazette, appoint:]
4[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.
(2) It shall come into force on such date1 as 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 (83 of 1971), as the Central Government may, by notification in the Official Gazette, appoint:]
3[Provided further that it shall come into force in the Union territory of Arunachal Pradesh on such date, being a date not earlier than the date of commencement of the Government of Union Territories (Amendment) Act, 1975 (29 of 1975), as the Central Government may, by notification in the Official Gazette, appoint:]
4[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.
1. 13-5-1963, vide notificationNo. G.S.R. 814, dated 13-5-1963, in respect of Part I, sections 3, 4 and 14 of Part II, Part III, sections 53, 56 and 57 of Part V and First and Second Schedulesas applicable to the Union territory of Goa, Daman and Diu, see Gazette of India, Extraordinary, Part II, Section 3(i).
20-12-1963, vide notification. No. G.S.R 1922, dated 16-12-1963, in respect of remaining provisions of the Act applicable to the Union territory of Goa, Daman and Diu, see Gazette of India, Extraordinary, Part II, Section 3(i).
17-2-1972, vide notification No. G.S.R. 81(E), dated 16-2-1972, in respect of sections 1, 2, 3, 4, 14, 38, 43A and 56 of the Act shall come into force in the Union territory of Mizoram, see Gazette of India, Extraordinary, Part II, Section 3(i).
3-5-1972, vide notification No. G.S.R. 269(E), dated 30-4-1972, in respect of all the provisions of the Act, other than those which have already come into force in the Union territory of Mizoram, shall, so far as they are applicable, come into force in that Union territory, see Gazette of India, Extraordinary, Part II, Section 3(i).
13-5-1963, vide notification. No. G.S.R. 815, dated 13-5-1963, in respect of Part I, sections 53, 56 and 57 of Part V and the Second Schedule in the Union territory of Pondicherry, see Gazette of India, Extraordinary, Part II, Section 3(i).
1-7-1963, vide notification No. G.S.R. 1025, dated 15-6-1963,for the remaining provisions came into force in theUnion territory of Pondicherry, see Gazette of India, Extraordinary, Part II, Section 3(i).
1-7-1963, vide notification No. S.O. 1660, dated 14-6-1963,in respect of all the provisions in the Union territories of Himachal Pradesh, Manipur and Tripura, and so much of the provisions as apply to the Union territory of Delhi, see Gazette of India, Extraordinary, Part II, Section 3(ii).
1-7-1963, vide notification No. G.S.R. 1025, dated 15-6-1963,in respect of the provisions as apply to the Union territory of Dadra and Nagar Haveli, see Gazette of India, Extraordinary, Part II, Section 3(i).
2. Ins. by Act 83 of 1971, s. 2 (w.e.f. 16-2-1972).
3. Ins. by Act 29 of 1975, s. 2 (w.e.f. 15-8-1975).
4. Subs. by s. 2, ibid., for "Provided further that" (w.e.f. 15-8-1975).
20-12-1963, vide notification. No. G.S.R 1922, dated 16-12-1963, in respect of remaining provisions of the Act applicable to the Union territory of Goa, Daman and Diu, see Gazette of India, Extraordinary, Part II, Section 3(i).
17-2-1972, vide notification No. G.S.R. 81(E), dated 16-2-1972, in respect of sections 1, 2, 3, 4, 14, 38, 43A and 56 of the Act shall come into force in the Union territory of Mizoram, see Gazette of India, Extraordinary, Part II, Section 3(i).
3-5-1972, vide notification No. G.S.R. 269(E), dated 30-4-1972, in respect of all the provisions of the Act, other than those which have already come into force in the Union territory of Mizoram, shall, so far as they are applicable, come into force in that Union territory, see Gazette of India, Extraordinary, Part II, Section 3(i).
13-5-1963, vide notification. No. G.S.R. 815, dated 13-5-1963, in respect of Part I, sections 53, 56 and 57 of Part V and the Second Schedule in the Union territory of Pondicherry, see Gazette of India, Extraordinary, Part II, Section 3(i).
1-7-1963, vide notification No. G.S.R. 1025, dated 15-6-1963,for the remaining provisions came into force in theUnion territory of Pondicherry, see Gazette of India, Extraordinary, Part II, Section 3(i).
1-7-1963, vide notification No. S.O. 1660, dated 14-6-1963,in respect of all the provisions in the Union territories of Himachal Pradesh, Manipur and Tripura, and so much of the provisions as apply to the Union territory of Delhi, see Gazette of India, Extraordinary, Part II, Section 3(ii).
1-7-1963, vide notification No. G.S.R. 1025, dated 15-6-1963,in respect of the provisions as apply to the Union territory of Dadra and Nagar Haveli, see Gazette of India, Extraordinary, Part II, Section 3(i).
2. Ins. by Act 83 of 1971, s. 2 (w.e.f. 16-2-1972).
3. Ins. by Act 29 of 1975, s. 2 (w.e.f. 15-8-1975).
4. Subs. by s. 2, ibid., for "Provided further that" (w.e.f. 15-8-1975).
Section 2 Definitions and interpretation.
(1) In this Act, unless the context otherwise requires,―
(a) "Administrator" means the administrator of 1[the Union territory] appointed by the President under artcle 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 of 1[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 to 1[the Union territory] means such castes, races or tribes or parts of or groups within such castes, races or tribes as are deemed under article 341 to be scheduled castes in relation to that Union territory;
(g) "scheduled tribes" in relation to 1[the Union territory] means such tribes or tribal 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;
2[(h) "Union territory" means the Union territory of 3[Puducherry].
(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.
(a) "Administrator" means the administrator of 1[the Union territory] appointed by the President under artcle 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 of 1[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 to 1[the Union territory] means such castes, races or tribes or parts of or groups within such castes, races or tribes as are deemed under article 341 to be scheduled castes in relation to that Union territory;
(g) "scheduled tribes" in relation to 1[the Union territory] means such tribes or tribal 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;
2[(h) "Union territory" means the Union territory of 3[Puducherry].
(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.
1. Subs. by Act 18 of 1987, s. 65, for "a Union territory" (w.e.f. 30-5-1987).
2. Subs. by s. 65, ibid., for clause (h) (w.e.f. 30-5-1987).
3. Subs. by Act 44 of 2006, s. 7, for "Pondicherry" (w.e.f. 1-10-2006).
2. Subs. by s. 65, ibid., for clause (h) (w.e.f. 30-5-1987).
3. Subs. by Act 44 of 2006, s. 7, for "Pondicherry" (w.e.f. 1-10-2006).
Section 3 Legislative Assemblies for Union territories and their composition. 2 docs
(1) There shall be a Legislative Assembly for each Union territory.
1[(2) The total number of seats in the Legislative Assembly of 2[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 of 2[the Union territory].
3[(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 Assembly of 2[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.
4[Explanation.―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 5[2026] 5[2026] have been published, be construed as a reference to the 6[2001] census.]
7[(6) Notwithstanding anything in sub-section (4), the reservation of seats for the Scheduled Castes in 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.]
1[(2) The total number of seats in the Legislative Assembly of 2[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 of 2[the Union territory].
3[(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 Assembly of 2[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.
4[Explanation.―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 5[2026] 5[2026] have been published, be construed as a reference to the 6[2001] census.]
7[(6) Notwithstanding anything in sub-section (4), the reservation of seats for the Scheduled Castes in 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.]
1. Subs. by the State of Himachal Pradesh (Adaptation of Laws on Union Subjects) Order, 1973, for sub-section (2) (w.e.f. 25-1-1971).
2. Subs. by Act 18 of 1987, s. 65, for "a Union territory" (w.e.f. 30-5-1987).
3. Subs. by s. 65, ibid.,for sub-section (4) (w.e.f. 30-5-1987).
4. The Explanation ins. by Act 19 of 1984, s. 2 (w.e.f. 8-5-1984).
5. Subs. by Act 19 of 2005, s. 2, for "2000" (w.e.f. 21-5-2005).
6. Subs. by s. 2, ibid., for "1971" (w.e.f. 21-5-2005).
7. Subs. by Act 18 of 1987, s. 65, for sub-section (6) (w.e.f. 30-5-1987).
2. Subs. by Act 18 of 1987, s. 65, for "a Union territory" (w.e.f. 30-5-1987).
3. Subs. by s. 65, ibid.,for sub-section (4) (w.e.f. 30-5-1987).
4. The Explanation ins. by Act 19 of 1984, s. 2 (w.e.f. 8-5-1984).
5. Subs. by Act 19 of 2005, s. 2, for "2000" (w.e.f. 21-5-2005).
6. Subs. by s. 2, ibid., for "1971" (w.e.f. 21-5-2005).
7. Subs. by Act 18 of 1987, s. 65, for sub-section (6) (w.e.f. 30-5-1987).
Section 3A Reservation of seats for women in Legislative Assembly of Union territory of Puducherry.
No text is published for this section.
Section 3B Reservation of seats for women to take effect.
No text is published for this section.
Section 4 Qualification for membership of Legislative Assembly.
A person shall not be qualified to be chosen to fill a seat in the Legislative Assembly of 1[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.
(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.
1. Subs. by Act 18 of 1987, s. 65, for "a Union territory" (w.e.f. 30-5-1987)
Section 5 Duration of Legislative Assemblies.
The Legislative Assembly of 1[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 a 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.
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.
1. Subs. by Act 18 of 1987, s. 65, for "a Union territory" (w.e.f. 30-5-1987).
Section 6 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
(2) The Administrator may, from time to time,―
(a) prorogue the Assembly;
(b) dissolve the Assembly
Section 7 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 (c) 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.
(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 (c) 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 8 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.
(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 9 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.
(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. 1 docs
Every member of the Legislative Assembly of 1[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.
1. Subs. by Act 18 of 1987, s. 65 for "a Union territory" (w.e.f. 30-5-1987).
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 of 1[the Union territory] shallbe 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 of 1[the Union territory] shall have power to act notwithstanding any vacancy in the membership thereof, and any proceedings in the Legislative Assembly of 1[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 1[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 of 1[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.
(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 of 1[the Union territory] shall have power to act notwithstanding any vacancy in the membership thereof, and any proceedings in the Legislative Assembly of 1[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 1[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 of 1[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.
1. Subs. by Act 18 of 1987, s. 65 for "a Union territory" (w.e.f. 30-5-1987).
Section 13 Vacation of seats.
(1) No person shall be a member both of Parliament and of the Legislative Assembly of 1[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 of 1[the Union territory]—
(a) becomes subject to any disqualification mentioned in 2[section 14 or section 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 of 1[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.
(2) If a member of the Legislative Assembly of 1[the Union territory]—
(a) becomes subject to any disqualification mentioned in 2[section 14 or section 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 of 1[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.
1. Subs. by Act 18 of 1987, s. 65, for "a Union territory" (w.e.f. 30-5-1987).
2. Subs. by Act 24 of 1985, s. 2, for "section 14" (w.e.f. 29-3-1985).
2. Subs. by Act 24 of 1985, s. 2, for "section 14" (w.e.f. 29-3-1985).
Section 14 Disqualifications for membership.
(1) A person shall be disqualified for being chosen as, and for being, a member of the Legislative Assembly of 1[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 of 2[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 2[the Union territory] by reason only that he is a Minister either for the Union or for such State or Union territory.
(3) If any question arises as to whether a member of the Legislative Assembly of 1[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.
(a) if he holds any office of profit under the Government of India or the Government of any State or the Government of 2[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 2[the Union territory] by reason only that he is a Minister either for the Union or for such State or Union territory.
(3) If any question arises as to whether a member of the Legislative Assembly of 1[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.
1. Subs. by Act 18 of 1987, s. 65, for "a Union territory" (w.e.f. 30-5-1987).
2. Subs. by Act 18 of 1987, s. 65, for "any Union territory" (w.e.f. 30-5-1987).
2. Subs. by Act 18 of 1987, s. 65, for "any Union territory" (w.e.f. 30-5-1987).
Section 14A Disqualification on ground of defection for being a member. 1 docs
1[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 of 2[the Union territory], section 11, section 16 and section 37 of this Act), apply to and in relation to the members of the Legislative Assembly of 2[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 of 2[the Union territory] if he is so disqualified under the said Tenth Schedule as so modified.]
(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 of 2[the Union territory] if he is so disqualified under the said Tenth Schedule as so modified.]
1. Ins. by Act 24 of 1985, s. 3 (w.e.f. 29-3-1985).
2. Subs. by Act 18 of 1987, s. 65, for "a Union territory" (w.e.f. 30-5-1987).
2. Subs. by Act 18 of 1987, s. 65, for "a Union territory" (w.e.f. 30-5-1987).
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 of 1[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.
1. Subs. by Act 18 of 1987, s. 65, for "a Union territory" (w.e.f. 30-5-1987).
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 of 1[the Union territory].
(2) No member of the Legislative Assembly of 2[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 publicationby 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 of 2[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 of 2[the Union territory] or any committee thereof as they apply in relation to members of that Assembly.
(2) No member of the Legislative Assembly of 2[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 publicationby 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 of 2[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 of 2[the Union territory] or any committee thereof as they apply in relation to members of that Assembly.
1. Subs. by Act 18 of 1987, s. 65 for "every Union territory" (w.e.f. 30-5-1987).
2. Subs. by Act 18 of 1987, s. 65, for "a Union territory" (w.e.f. 30-5-1987). .
2. Subs. by Act 18 of 1987, s. 65, for "a Union territory" (w.e.f. 30-5-1987). .
Section 17 Salaries and allowances of members.
Members of the Legislative Assembly of 1[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.
1. Subs. by Act 18 of 1987, s. 65, for "a Union territory" (w.e.f. 30-5-1987).