The Government of Union Territories Act, 1963

Administered Ministry: Ministry of Home Affairs / Department of States

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Section
Section 18 Extent of legislative power.
(1) Subject to the provisions of this Act, the Legislative Assembly of 1[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 the Constitution to make laws with respect to any matter for 1[the Union territory] or any part thereof.

1. Subs. by Act 18 of 1987, s. 65, for "a Union territory" (w.e.f. 30-5-1987).

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 imposed by or under any law made by the Legislative Assembly of 1[the Union territory] or by or under any other law in force in 1[the Union territory]:

Provided that nothing in this section shall, until Parliament by law otherwise provides, prevent any authority within 1[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.

1. Subs. by Act 18 of 1987, s. 65, for "a Union territory" (w.e.f. 30-5-1987)

Section 20 Restrictions or laws passed by Legislative Assembly with respect to certain matters.
1[1] The provisions of article 286, article 287 and article 288 shall apply in relation to any law passed by the Legislative Assembly of 2[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.

3[(2) The provisions of article 304 shall, with the necessary modifications, apply in relation to any law passed by the Legislative Assembly of 2[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.]

1. Secton 20 renumbered as sub-section (1) thereof by Act 83 of 1971, s. 5 (w.e.f. 16-2-1972).

2. Subs. by Act 18 of 1987, s. 65, for "a Union territory" (w.e.f. 30-5-1987).

3. Ins. by s. 5, ibid. (w.e.f. 16-2-1972).

Section 21 Inconsistency between laws made by Parliament and laws made by Legislative Assembly. 1 docs
1[21. Inconsistency between laws made by Parliament and laws made by Legislative Assembly.--If any provision of a law made by the Legislative Assembly of 2[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 alaw 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 of 2[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 the 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.]

1. Subs. by Act 29 of 1975, s. 4, for section 21 (w.e.f. 15-8-1975)

2. Subs. by Act 18 of 1987, s. 65, for "a Union territory" (w.e.f. 30-5-1987).

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 of 1[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.

1. Subs. by Act 18 of 1987, s. 65, for "a Union territory" (w.e.f. 30-5-1987).

Section 23 Special provisions as to financial Bills.
(1) A Bill or amendment shall not be introduced into, or moved in, the Legislative Assembly of 1[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;

2[(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 account of the Union territory]:

Provided that no recommendation shall be required under this sub-section for the moving of an amendment making provision for the reduction or abolition of any tax.

(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 of 1[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.

1. Subs. by Act 18 of 1987, s. 65, for "a Union territory" (w.e.f. 30-5-1987).

2. Subs. by Act 38 of 2001, s. 2, for clause (e) (w.e.f. 10-5-2006)

Section 24 Procedure as to lapsing of Bills.
(1) A Bill pending in the Legislative Assembly of 1[the Union territory] shall not lapse by reason of the prorogation of the Assembly.

(2) A Bill which is pending in the Legislative Assembly of 1[the Union territory] shall lapse on a dissolution of the Assembly.

1. Subs. by Act 18 of 1987, s. 65, for "a Union territory" (w.e.f. 30-5-1987)

Section 25 Assent to Bills. 1 docs
1[25. Assent to Bills.When a Bill has been passed by the Legislative Assembly of 2[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 31A; 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) or section 7 or section 17 or section 34 or sub-section (6) of section 45 or in entry 1 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.

1. Subs. by Act 83 of 1971, s. 7, for section 25 (w.e.f. 16-2-1972).

2. Subs. by Act 18 of 1987, s. 65, for "a Union territory" (w.e.f. 30-5-1987).

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 sanctions andrecommendations to be regarded as matters of procedure only.
No Act of the Legislative Assembly of 1[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 given 2[by the Administrator, or, on being reserved by the Administrator for the consideration of the President, by the President].

1. Subs. by Act 18 of 1987, s. 65, for "a Union territory" (w.e.f. 30-5-1987).

2. Subs. by Act 29 of 1975, s. 5, for "by the President" (w.e.f. 15- 8-1975).

Section 27 Annual financial statement.
(1) The Administrator of each 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 of each 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.
(1) So much of the estimates as relates to expenditure charged upon the Consolidated Fund of 1[the Union territory] shall not be submitted to the vote of the Legislative Assembly of 1[the Union territory], but nothing in this sub-section shall be construed as preventing the discussion in the Legislative Assembly of any of those estimates.

(2) So much of the said estimates as relates to other expenditure shall be submitted in the form of demands for grants to the Legislative Assembly, and the Legislative Assembly shall have power to assent, or to refuse to assent, to any demand, or to assent to any demand subject to a reduction of the amount specified therein.

(3) No demand for a grant shall be made except on the recommendation of the Administrator.

1. Subs. by Act 18 of 1987, s. 65, for "a Union territory" (w.e.f. 30-5-1987).

Section 29 Appropriation Bills.
(1) As soon as may be after the grants under section 28 have been made by the Assembly, there shall be introduced a Bill to provide for the appropriation out of the Consolidated Fund of the Union territory of all moneys required to meet—

(a) the grants so made by the Assembly, and

(b) the expenditure charged on the Consolidated Fund of the Union territory but not exceeding in any case the amount shown in the statement previously laid before the Assembly.

(2) No amendment shall be proposed to any such Bill in the Legislative Assembly which will have the effect of varying the amount or altering the destination of any grant so made or of varying the amount of any expenditure charged on the Consolidated Fund of the Union territory and the decision of the person presiding as to whether an amendment is inadmissible under this sub-section shall be final.

(3) Subject to the other provisions of this Act, no money shall be withdrawn from the Consolidated Fund of the Union territory except under appropriation made by law passed in accordance with the provisions of this section.

Section 30 Supplementary, additional or excess grants.
(1) The Administrator shall—

(a) if the amount authorised by any law made in accordance with the provisions of section 29 to be expended for a particular service for the current financial year is found to be insufficient for the purposes of that year or when a need has arisen during the current financial year for supplementary or additional expenditure upon some new service not contemplated in the annual financial statement for that year, or

(b) if any money has been spent on any service during a financial year in excess of the amount granted for that service and for that year,

cause to be laid before the Legislative Assembly of the Union territory, with the previous approval of the President, another statement showing the estimated amount of that expenditure or cause to be presented to the Legislative Assembly of the Union territory with such previous approval a demand for such excess, as the case may be.

(2) The provisions of sections 27, 28 and 29 shall have effect in relation to any such statement and expenditure or demand and also to any law to be made authorising the appropriation of moneys out of the Consolidated Fund of the Union territory to meet such expenditure or the grant in respect of such demand as they have effect in relation to the annual financial statement and the expenditure mentioned therein or to a demand for a grant and the law to be made for the authorisation of appropriation of moneys out of the Consolidated Fund of the Union territory to meet such expenditure or grant.

Section 31 Votes on account.
(1) Notwithstanding anything in the foregoing provisions of this Part, the Legislative Assembly of 1[the Union territory] shall have power to make any grant in advance in respect of the estimated expenditure for a part of any financial year pending the completion of the procedure prescribed in section 28 for the voting of such grant and the passing of the law in accordance with the provisions of section 29 in relation to that expenditure and the Legislative Assembly shall have power to authorise by law the withdrawal of moneys from the Consolidated Fund of the Union territory for the purposes for which the said grant is made.

(2) The provisions of sections 28 and 29 shall have effect in relation to the making of any grant under sub-section (1) or to any law to be made under that sub-section as they have effect in relation to the making of a grant with regard to any expenditure mentioned in the annual financial statement and the law to be made for the authorisation of appropriation of moneys out of the Consolidated Fund of the Union territory to meet such expenditure.

1. Subs. by Act 18 of 1987, s. 65, for "a Union territory" (w.e.f. 30-5-1987)

Section 32 Authorisation of expenditure pending its sanction by Legislative Assembly.
Notwithstanding anything in the foregoing provisions of this Part, the Administrator may authorise such expenditure from the Consolidated Fund of the Union territory as he deems necessary for a period of not more than six months beginning with the date of the constitution of the Consolidated Fund of the Union territory, pending the sanction of such expenditure by the Legislative Assembly of the Union territory.

Section 33 Rules of procedure. 1 docs
(1) The Legislative Assembly of 1[the Union territory] may make rules for regulating, subject to the provisions of this Act, its procedure and the conduct of its business:

Provided that the Administrator shall, after consultation with the Speaker of the Legislative Assembly and with the approval of the President, make rules--

(a) for securing the timely completion of financial business;

(b) for regulating the procedure of, and the conduct of business in, the Legislative Assembly in relation to any financial matter or to any Bill for the appropriation of moneys out of the Consolidated Fund of the Union territory;

(c) for prohibiting the discussion of, or the asking of questions on, any matter which affects the discharge of the functions of the Administrator in so far as he is required by this Act to act in his discretion.

(2) Until rules are made under sub-section (1), the rules of procedure and standing orders with respect to the Legislative Assembly of the State of Uttar Pradesh in force immediately before the commencement of this Act in 2[the Union territory] shall have effect in relation to the Legislative Assembly of that Union territory subject to such modifications and adaptations as may be made therein by the Administrator:

3* * * * *

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 "any Union territory" (w.e.f. 30-5-1987)

3. The proviso omitted by Act 69 of 1986, s. 44 (w.e.f. 20-2-1987)

Section 34 Official language or languages of Union territory and language or languages to be used in Legislative Assemblythereof.
(1) The Legislative Assembly of 1[the Union territory] may by law adopt any one or more of the languages in use in the Union territory or Hindi as the official language or languages to be used for all or any of the official purposes of the Union territory:

Provided that so long as the Legislative Assembly of the Union territory of Pondicherry does not decide otherwise, the French language shall continue to be used as an official language of that Union territory for the same official purposes for which it was being used in that territory immediately before the commencement of this Act:

Provided further that the President may by order direct—

(i) that the official language of the Union shall be adopted for such of the official purposes of the Union territory as may be specified in the order;

(ii) that any other language shall also be adopted throughout the Union territory or such part thereof for such of the official purposes of the Union territory as may be specified in the order, if the President is satisfied that a substantial proportion of the population of the Union territory desires the use of that other language for all or any of such purposes.

(2) The business in the Legislative Assembly of 1[the Union territory] shall be transacted in the official language or languages of the Union territory or in Hindi or in English:

Provided that the Speaker of the Legislative Assembly or person acting as such, as the case may be, may permit any member who cannot adequately express himself in any of the languages aforesaid to address the Assembly in his mother-tongue.

1. Subs. by Act 18 of 1987, s. 65, for "a Union territory" (w.e.f. 30-5-1987).

Section 35 Language to be used for Acts, Bills, etc.
Notwithstanding anything contained in section 34, until Parliament by law otherwise provides, the authoritative texts—

(a) of all Bills to be introduced or amendments thereto to be moved in the Legislative Assembly of 1[the Union territory],

(b) of all Acts passed by the Legislative Assembly of 1[the Union territory], and

(c) of all orders, rules, regulations and bye-laws issued under any law made by the Legislative Assembly of 1[the Union territory],

shall be in the English language:

Provided that where the Legislative Assembly of 1[the Union territory] has prescribed any language other than the English language for use in Bills introduced in, or Acts passed by, the Legislative Assembly of the Union territory or in any order, rule, regulation or bye-law issued under any law made by the Legislative Assembly of the Union territory, a translation of the same in the English language published under the authority of the Administrator in the Official Gazette shall be deemed to be the authoritative text thereof in the English language.

1. Subs. by Act 18 of 1987, s. 65, for "a Union territory" (w.e.f. 30-5-1987).

Section 36 Restriction on discussion in the Legislative Assembly.
No discussion shall take place in the Legislative Assembly of 1[the Union territory] with respect to the conduct of any Judicial Commissioner or of any judge of the Supreme Court or of a High Court in the discharge of his duties.

1. Subs. by Act 18 of 1987, s. 65, for "a Union territory" (w.e.f. 30-5-1987).