The Government of Union Territories Act, 1963
Administered Ministry: Ministry of Home Affairs / Department of States
Section
Section 37 Courts not to inquire into proceedings of Legislative Assembly.
(1) The validity of any proceedings in the Legislative Assembly of 1[the Union territory] shall not be called in question on the ground of any alleged irregularity of procedure.
(2) No officer or member of the Legislative Assembly of1[the Union territory] in whom powers are vested by or under this Act for regulating procedure or the conduct of business, or for maintaining order in the Legislative Assembly shall be subject to the jurisdiction of any court in respect of the exercise by him of those powers.
(2) No officer or member of the Legislative Assembly of1[the Union territory] in whom powers are vested by or under this Act for regulating procedure or the conduct of business, or for maintaining order in the Legislative Assembly shall be subject to the jurisdiction of any court in respect of the exercise by him of those powers.
1. Subs. by Act 18 of 1987, s. 65, for "a Union territory" (w.e.f. 30-5-1987).
Section 38 Definitions.
In this Part, unless the context otherwise requires,--
(a) "associate member" means a member associated with the Delimitation Commission under section 42 1[or with the Election Commission 2[under section 43A or section 43C]];
(b) "Delimitation Commission" means the Delimitation Commission constituted under section 3 of 3[the Delimitation Act, 2002 (33 of 2002)];
4[(bb) "Election Commission" means the Election Commission appointed by the President under article 324;]
(c) "latest census figures" mean the census figures in 5[the Union territory] ascertained at the latest census of which the finally published figures are available;
(d) "parliamentary constituency" means a constituency provided by law for the purpose of elections to the House of the People from 5[the Union territory] including the Union territory of Delhi.
(a) "associate member" means a member associated with the Delimitation Commission under section 42 1[or with the Election Commission 2[under section 43A or section 43C]];
(b) "Delimitation Commission" means the Delimitation Commission constituted under section 3 of 3[the Delimitation Act, 2002 (33 of 2002)];
4[(bb) "Election Commission" means the Election Commission appointed by the President under article 324;]
(c) "latest census figures" mean the census figures in 5[the Union territory] ascertained at the latest census of which the finally published figures are available;
(d) "parliamentary constituency" means a constituency provided by law for the purpose of elections to the House of the People from 5[the Union territory] including the Union territory of Delhi.
1. Ins. by Act 83 of 1971, s. 9 (w.e.f. 16-2-1972).
2. Subs. by Act 29 of 1975, s. 7, for "under section 43A" (w.e.f. 15-8-1975).
3. Subs. by Act 19 of 2005, s. 2, for "the Delimitation Commission Act, 1962 (61 of 1962)" (w.e.f. 21-5-2005).
4. Ins. by Act 83 of 1971, s. 9 (w.e.f. 16-2-1972)
5. 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. 7, for "under section 43A" (w.e.f. 15-8-1975).
3. Subs. by Act 19 of 2005, s. 2, for "the Delimitation Commission Act, 1962 (61 of 1962)" (w.e.f. 21-5-2005).
4. Ins. by Act 83 of 1971, s. 9 (w.e.f. 16-2-1972)
5. Subs. by Act 18 of 1987, s. 65, for "a Union territory" (w.e.f. 30-5-1987).
Section 39 Assembly constituencies.
For the purpose of elections to the Legislative Assembly of 1[the Union territory], the Union territory shall be divided into single-member assembly constituencies in accordance with the provisions of this Part in such manner that the population of each of the constituencies shall, so far as practicable, be the same throughout the Union territory.
1. Subs. by Act 18 of 1987, s. 65, for "a Union territory" (w.e.f. 30-5-1987).
Section 40 Representation of Pondicherry in the House of the People.
There shall be allotted one seat to the Union territory of Pondicherry in the House of the People and that Union territory shall form one parliamentary constituency.
Section 41 Duties of Delimitation Commission.
(1) It shall be the duty of the Delimitation Commission—
(a) to delimit the assembly constituencies in each Union territory, and
(b) to determine, on the basis of the latest census figures, the number of seats to be reserved for the scheduled castes and for the scheduled tribes in the Legislative Assembly of 1[the Union territory] other than the Union territory of Goa, Daman and Diu, and the constituencies in which these seats shall be so reserved.
(2) It shall also be the duty of the Delimitation Commission—
(a) to readjust, on the basis of the latest census figures, the division of each of the Union territories of Delhi, Himachal Pradesh, Manipur and Tripura into parliamentary constituencies, 2[the number being 7, 4, 2 and 2];
(b) to determine the constituency in which the seat shall be reserved for the scheduled castes or for the scheduled tribes, as the case may be; and
(c) to divide the Union territory of Goa, Daman and Diu into two single-member parliamentary constituencies.
(a) to delimit the assembly constituencies in each Union territory, and
(b) to determine, on the basis of the latest census figures, the number of seats to be reserved for the scheduled castes and for the scheduled tribes in the Legislative Assembly of 1[the Union territory] other than the Union territory of Goa, Daman and Diu, and the constituencies in which these seats shall be so reserved.
(2) It shall also be the duty of the Delimitation Commission—
(a) to readjust, on the basis of the latest census figures, the division of each of the Union territories of Delhi, Himachal Pradesh, Manipur and Tripura into parliamentary constituencies, 2[the number being 7, 4, 2 and 2];
(b) to determine the constituency in which the seat shall be reserved for the scheduled castes or for the scheduled tribes, as the case may be; and
(c) to divide the Union territory of Goa, Daman and Diu into two single-member parliamentary constituencies.
1. Subs. by Act 18 of 1987, s. 65, for "a Union territory" (w.e.f. 30-5-1987).
2. Subs. by Act 19 of 1966, s. 37, for "the total number thereof remaining the same" (w.e.f. 13-6- 1966).
2. Subs. by Act 19 of 1966, s. 37, for "the total number thereof remaining the same" (w.e.f. 13-6- 1966).
Section 42 Associate members.
(1) For the purpose of assisting the Delimitation Commission in its duties, the Delimitation Commission shall associate with itself,―
(a) in respect of the Union territory of Delhi, all the members of the House of the People representing that Union territory;
(b) in respect of each of the Union territories of Himachal Pradesh, Manipur and Tripura, all the members of the House of the People representing that Union territory and three members of the Legislative Assembly of that Union territory to be nominated by the Speaker of the Assembly from among the members thereof;
(c) in respect of the Union territory of Goa, Daman and Diu, the two members of the House of the People representing that Union territory;
(d) in respect of the Union territory of Pondicherry, three members of the Legislative Assembly of that Union territory to be nominated by the Speaker of the Assembly from among the members thereof.
(2) The nomination of members of the several Legislative Assemblies under sub-section (1) shall be made by the respective Speakers thereof as soon as practicable and shall be communicated to the Delimitation Commission.
(3) If owing to death or resignation the office of an associate member falls vacant, it shall be filled as soon as practicable under and in accordance with the foregoing provisions of this section.
(4) None of the associate members shall have the right to vote or to sign any decision of the Delimitation Commission.
(a) in respect of the Union territory of Delhi, all the members of the House of the People representing that Union territory;
(b) in respect of each of the Union territories of Himachal Pradesh, Manipur and Tripura, all the members of the House of the People representing that Union territory and three members of the Legislative Assembly of that Union territory to be nominated by the Speaker of the Assembly from among the members thereof;
(c) in respect of the Union territory of Goa, Daman and Diu, the two members of the House of the People representing that Union territory;
(d) in respect of the Union territory of Pondicherry, three members of the Legislative Assembly of that Union territory to be nominated by the Speaker of the Assembly from among the members thereof.
(2) The nomination of members of the several Legislative Assemblies under sub-section (1) shall be made by the respective Speakers thereof as soon as practicable and shall be communicated to the Delimitation Commission.
(3) If owing to death or resignation the office of an associate member falls vacant, it shall be filled as soon as practicable under and in accordance with the foregoing provisions of this section.
(4) None of the associate members shall have the right to vote or to sign any decision of the Delimitation Commission.
Section 43 Procedure as to delimitation.
The provisions of sections 7, 9, 10 and 11 of the Delimitation Commission Act, 1962 (61 of 1962), shall apply, as far as may be, in relation to the delimitation of parliamentary and assembly constituencies under this Part as they apply in relation to the delimitation of parliamentary and assembly constituencies under that Act.
Section 43A Special provision for delimitation of constituencies of Mizoram Legislative Assembly.
1[43A. Special provision for delimitation of constituencies of Mizoram Legislative Assembly.―(1) The provisions of sections 39 to 43 (both inclusive) shall not apply to the delimitation of constituencies for the purpose of elections to the Legislative Assembly of the Union territory of Mizoram.
(2) The Election Commission shall, in the manner herein provided, distribute the seats assigned to the Legislative Assembly of the Union territory of Mizoram under sub-section (2) of section 3 to single member assembly constituencies and delimit them on the basis of the latest census figures having regard to the provisions of the Constitution and to the following provisions:―
(a) all constituencies shall, as far as practicable, be geographically compact areas;
(b) in delimiting the constituencies, regard shall be had to physical features, existing boundaries of administrative units, facilities of communication and public convenience.
(3) For the purpose of assisting in the performance of its functions under sub-section (2), the Election Commission shall associate with itself as associate members—
(a) all the persons who, having been elected to the Legislative Assembly of the State of Assam from the Lungleh, Aijal East and Aijal West territorial constituencies, are members of that Assembly immediately before the day appointed under clause (b) of section 2 of the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971); and
(b) such three elected members of the District Council of the Mizo District as the Chairman thereof may nominate:
Provided that none of the associate members shall have a right to vote or sign any decision of the Election Commission.
(4) If, owing to death or resignation, the office of an associate member falls vacant, it shall be filled, if practicable, in accordance with the provisions of sub-section (3).
(5) The Election Commission shall—
(a) publish its proposals for the delimitation of constituencies, together with the dissenting proposals, if any, of any associate member who desires publication thereof in the Official Gazette and in such other manner as the Commission may consider fit, together with a notice inviting objections and suggestions in relation to the proposals and specifying a date on or after which the proposals will be further considered by it;
(b) consider all objections and suggestions which may have been received by it before the date so specified;
(c) after consideration of objections and suggestions which may have been received by it before the date so specified, determine by one or more orders the delimitation of constituencies and cause such order or orders to be published in the Official Gazette; and upon such publication, the order or orders shall have the full force of law and shall not be called in question in any court.
(6) The Election Commission may, from time to time, by notification in the Official Gazette,―
(a) correct any printing mistake in any order made under sub-section (5) or any error arising therein from inadvertent slip or omission;
(b) where the boundaries or name of any territorial division mentioned in any such order or orders are or is altered, make such amendments as appear to it to be necessary or expedient for bringing such order up-to- date.
(7) Every order made under sub-section (5) and every notification issued under sub-section (6) shall be laid as soon as may be after it is made or issued before the Legislative Assembly of the Union territory of Mizoram.
(8) All things done, and all steps taken, before the commencement of this Act in the Union territory of Mizoram with a view to delimiting the territorial constituencies of that Union territory for purposes of elections to the Legislative Assembly of that Union territory shall, in so far as they are in conformity with the foregoing provisions of this section, be deemed to have been done or taken under those provisions as if those provisions were in force at the time such things were done or such steps were taken.]
(2) The Election Commission shall, in the manner herein provided, distribute the seats assigned to the Legislative Assembly of the Union territory of Mizoram under sub-section (2) of section 3 to single member assembly constituencies and delimit them on the basis of the latest census figures having regard to the provisions of the Constitution and to the following provisions:―
(a) all constituencies shall, as far as practicable, be geographically compact areas;
(b) in delimiting the constituencies, regard shall be had to physical features, existing boundaries of administrative units, facilities of communication and public convenience.
(3) For the purpose of assisting in the performance of its functions under sub-section (2), the Election Commission shall associate with itself as associate members—
(a) all the persons who, having been elected to the Legislative Assembly of the State of Assam from the Lungleh, Aijal East and Aijal West territorial constituencies, are members of that Assembly immediately before the day appointed under clause (b) of section 2 of the North-Eastern Areas (Reorganisation) Act, 1971 (81 of 1971); and
(b) such three elected members of the District Council of the Mizo District as the Chairman thereof may nominate:
Provided that none of the associate members shall have a right to vote or sign any decision of the Election Commission.
(4) If, owing to death or resignation, the office of an associate member falls vacant, it shall be filled, if practicable, in accordance with the provisions of sub-section (3).
(5) The Election Commission shall—
(a) publish its proposals for the delimitation of constituencies, together with the dissenting proposals, if any, of any associate member who desires publication thereof in the Official Gazette and in such other manner as the Commission may consider fit, together with a notice inviting objections and suggestions in relation to the proposals and specifying a date on or after which the proposals will be further considered by it;
(b) consider all objections and suggestions which may have been received by it before the date so specified;
(c) after consideration of objections and suggestions which may have been received by it before the date so specified, determine by one or more orders the delimitation of constituencies and cause such order or orders to be published in the Official Gazette; and upon such publication, the order or orders shall have the full force of law and shall not be called in question in any court.
(6) The Election Commission may, from time to time, by notification in the Official Gazette,―
(a) correct any printing mistake in any order made under sub-section (5) or any error arising therein from inadvertent slip or omission;
(b) where the boundaries or name of any territorial division mentioned in any such order or orders are or is altered, make such amendments as appear to it to be necessary or expedient for bringing such order up-to- date.
(7) Every order made under sub-section (5) and every notification issued under sub-section (6) shall be laid as soon as may be after it is made or issued before the Legislative Assembly of the Union territory of Mizoram.
(8) All things done, and all steps taken, before the commencement of this Act in the Union territory of Mizoram with a view to delimiting the territorial constituencies of that Union territory for purposes of elections to the Legislative Assembly of that Union territory shall, in so far as they are in conformity with the foregoing provisions of this section, be deemed to have been done or taken under those provisions as if those provisions were in force at the time such things were done or such steps were taken.]
1. Ins. by Act 83 of 1971, s. 10 (w.e.f. 16-2-1972).
Section 43B Representation of Arunachal Pradesh in the House of the People.
1[43B. Representation of Arunachal Pradesh in the House of the people.--In the House of the People to be constituted after the general election to that House to be held after the commencement of the Government of Union Territories (Amendment) Act, 1975 (29 of 1975) and thereafter, there shall be allotted two seats to the Union territory of Arunachal Pradesh and the First Schedule to the Representation of the People Act, 1950 (43 of 1950) shall be deemed to have been amended accordingly.]
1. Ins. by Act 29 of 1975, s. 8 (w.e.f. 15-8-1975).
Section 43C Special provisions for delimitation of parliamentary constituencies in Arunachal Pradesh and constituencies of Arunachal Pradesh Legislative Assembly.
1[43C. Special provisions for delimitation of parliamentary constituencies in Arunachal Pradesh and constituencies of Arunachal Pradesh Legislative Assembly.--(1) The provisions of sections 39 to 43 (both inclusive) shall not apply to the delimitation of parliamentary constituencies in the Union territory of Arunachal Pradesh or to the delimitation of constituencies for the purpose of elections to the Legislative Assembly of that Union territory.
(2) The Election Commission shall divide the Union territory of Arunachal Pradesh into two singlemember parliamentary constituencies on the basis of the latest census figures.
(3) The Election Commission shall also, in the manner herein provided, distribute the seats assigned to the Legislative Assembly of the Union territory of Arunachal Pradesh under sub-section (2) of section 3 to single-member assembly constituencies and delimit them on the basis of the latest census figures having regard to the following provisions:--
(a) all constituencies shall, as far as practicable, be geographically compact areas;
(b) every assembly constituency shall be so delimited as to fall only within one parliamentary constituency;
(c) in delimiting the constituencies, regard shall be had to physical features, existing boundaries of administrative units facilities of communication and public convenience.
(4) For the purpose of assisting in the performance of its functions under sub-sections (2) and (3), the Election Commission shall associate with itself as associate members--
(a) the member of the House of the People representing the Union territory of Arunachal Pradesh;
(b) such five members of the Legislative Assembly of the Union territory of Arunachal Pradesh as the Speaker of that Assembly shall, having regard to the composition of the Legislative Assembly, nominate:
Provided that none of the associate members shall have a right to vote or sign any decision of the Election Commission.
(5) If owing to death or resignation, the office of an associate member falls vacant, it shall be filled, if practicable, in accordance with the provisions of sub-section (4).
(6) The Election Commission shall--
(a) publish its proposals for the delimitation of constituencies together with the dissenting proposals, if any, of any associate member who desires publication thereof in the Official Gazette and in such other manner as the Commission may consider fit, together with a notice inviting objections and suggestions in relation to the proposals and specifying a date on or after which the proposals will be further considered by it;
(b) consider all objections and suggestions which may have been received by it before the date so specified;
(c) after consideration of objections and suggestions which may have been received by it before the date so specified, determine by one or more orders the delimitation of constituencies and cause such order or orders to be published in the Official Gazette; and upon such publication, the order or orders shall have the full force of law and shall not be called in question in any court.
(7) The Election Commission may, from time to time, by notification in the Official Gazette,--
(a) correct any printing mistake in any order made under sub-section (6) or any error arising therein from inadvertent slip or omission;
(b) where the boundaries or name of any territorial division mentioned in any such order or orders are or is altered, make such amendments as appear to it to be necessary or expedient for bringing such order up-to-date.
(8) Every order made under sub-section (6) and every notification issued under sub-section (7) shall be laid as soon as may be after it is made or issued before the House of the People and the Legislative Assembly of the Union territory of Arunachal Pradesh.
(9) All things done, and all steps taken, before the commencement of this Act in the Union territory of Arunachal Pradesh with a view to delimiting the territorial constituencies of that Union territory for purposes of elections to the Legislative Assembly of that Union territory shall, in so far as they are in conformity with the foregoing provisions of this section, be deemed to have been done or taken under those provisions as if these provisions were in force at the time such things were done or such steps were taken.]
(2) The Election Commission shall divide the Union territory of Arunachal Pradesh into two singlemember parliamentary constituencies on the basis of the latest census figures.
(3) The Election Commission shall also, in the manner herein provided, distribute the seats assigned to the Legislative Assembly of the Union territory of Arunachal Pradesh under sub-section (2) of section 3 to single-member assembly constituencies and delimit them on the basis of the latest census figures having regard to the following provisions:--
(a) all constituencies shall, as far as practicable, be geographically compact areas;
(b) every assembly constituency shall be so delimited as to fall only within one parliamentary constituency;
(c) in delimiting the constituencies, regard shall be had to physical features, existing boundaries of administrative units facilities of communication and public convenience.
(4) For the purpose of assisting in the performance of its functions under sub-sections (2) and (3), the Election Commission shall associate with itself as associate members--
(a) the member of the House of the People representing the Union territory of Arunachal Pradesh;
(b) such five members of the Legislative Assembly of the Union territory of Arunachal Pradesh as the Speaker of that Assembly shall, having regard to the composition of the Legislative Assembly, nominate:
Provided that none of the associate members shall have a right to vote or sign any decision of the Election Commission.
(5) If owing to death or resignation, the office of an associate member falls vacant, it shall be filled, if practicable, in accordance with the provisions of sub-section (4).
(6) The Election Commission shall--
(a) publish its proposals for the delimitation of constituencies together with the dissenting proposals, if any, of any associate member who desires publication thereof in the Official Gazette and in such other manner as the Commission may consider fit, together with a notice inviting objections and suggestions in relation to the proposals and specifying a date on or after which the proposals will be further considered by it;
(b) consider all objections and suggestions which may have been received by it before the date so specified;
(c) after consideration of objections and suggestions which may have been received by it before the date so specified, determine by one or more orders the delimitation of constituencies and cause such order or orders to be published in the Official Gazette; and upon such publication, the order or orders shall have the full force of law and shall not be called in question in any court.
(7) The Election Commission may, from time to time, by notification in the Official Gazette,--
(a) correct any printing mistake in any order made under sub-section (6) or any error arising therein from inadvertent slip or omission;
(b) where the boundaries or name of any territorial division mentioned in any such order or orders are or is altered, make such amendments as appear to it to be necessary or expedient for bringing such order up-to-date.
(8) Every order made under sub-section (6) and every notification issued under sub-section (7) shall be laid as soon as may be after it is made or issued before the House of the People and the Legislative Assembly of the Union territory of Arunachal Pradesh.
(9) All things done, and all steps taken, before the commencement of this Act in the Union territory of Arunachal Pradesh with a view to delimiting the territorial constituencies of that Union territory for purposes of elections to the Legislative Assembly of that Union territory shall, in so far as they are in conformity with the foregoing provisions of this section, be deemed to have been done or taken under those provisions as if these provisions were in force at the time such things were done or such steps were taken.]
1. Ins. by Act 29 of 1975, s. 8 (w.e.f. 15-8-1975).
Section 43D Special provision for determination of constituencies in the Legislative Assembly of Goa, Daman and Diu for Scheduled Castes and Scheduled Tribes.
1[43D. Special provision for determination of constituencies in the Legislative Assembly of Goa, Daman and Diu for Scheduled Castes and Scheduled Tribes.―(1) The Election Commission shall determine on the basis of the latest census figures—
(i) the number of seats to be reserved for the Scheduled Castes and for the Scheduled Tribes in the Legislative Assembly of the Union territory of Goa, Daman and Diu (hereafter in this section referred to as the Legislative Assembly) having regard to the provisions of sub-section (5) of section 3; and
(ii) the constituencies in which those seats shall be so reserved having regard to the provisions of clause (c), or, as the case may be, clause (d), of sub-section (1) of section 9 of the Delimitation Act and without altering the extent of any constituency as delimited by the Delimitation Commission.
(2) The Election Commission shall—
(a) publish its proposals for the determination of the constituencies in which seats shall be reserved for the Scheduled Castes or for the Scheduled Tribes, as the case may be, in the Gazette of India and in the Official Gazette of the Union territory of Goa, Daman and Diu and also in such other manner as the Election Commission may consider fit, together with a notice inviting objections and suggestions in relation to the proposals and specifying a date on or after which the proposals will be further considered by it;
(b) consider all objections and suggestions which may have been received by it before the date so specified;
(c) after consideration of objections and suggestions which may have been received by it before the date so specified, determine by one or more orders the number of seats to be reserved for the Scheduled Castes or for the Scheduled Tribes, as the case may be, in the Legislative Assembly and the constituencies in which those seats shall be so reserved and cause such order or orders to be published in the Gazette of India and in the Official Gazette of the Union territory of Goa, Daman and Diu; and upon such publication in the Gazette of India, the order or orders shall have the full force of law and shall not be called in question in any court and the Second Schedule to the Representation of the People Act, 1950 (43 of 1950) and the order made by the Delimitation Commission under section 9 of the Delimitation Act in relation to the Legislative Assembly shall be deemed to have been amended accordingly.
(3) Subject to the provisions of sub-section (4), the re-adjustment of representation of any territorial constituencies in the Legislative Assembly necessitated by any order made by the Election Commission under this section, shall apply in relation to every election to the Legislative Assembly held after the publication in the Gazette of India, under sub-section (2), of such order.
(4) Nothing contained in the foregoing sub-sections shall affect the representation in the Legislative Assembly existing on the date of publication in the Gazette of India, under sub-section (2), of any order made by the Election Commission.
(5) The Election Commission may, from time to time, by notification in the Gazette of India and in the Official Gazette of the Union territory of Goa, Daman and Diu—
(a) correct any printing mistake in any order made under sub-section (2) or any error arising therein from inadvertent slip or omission;
(b) where the boundaries or name of any territorial division mentioned in any such order are, or is, altered, make such amendments as appear to it to be necessary or expedient for bringing such order up-to-date.
(6) Every order made under sub-section (2) and every notification issued under sub-section (5) shall be laid, as soon as may be, after it is made or issued before the Legislative Assembly.
Explanation.—In this section,—
(a) "Delimitation Act" means the Delimitation Act, 1972 (76 of 1972);
(b) "Delimitation Commission" means the Delimitation Commission constituted under section 3 of the Delimitation Act.]
(i) the number of seats to be reserved for the Scheduled Castes and for the Scheduled Tribes in the Legislative Assembly of the Union territory of Goa, Daman and Diu (hereafter in this section referred to as the Legislative Assembly) having regard to the provisions of sub-section (5) of section 3; and
(ii) the constituencies in which those seats shall be so reserved having regard to the provisions of clause (c), or, as the case may be, clause (d), of sub-section (1) of section 9 of the Delimitation Act and without altering the extent of any constituency as delimited by the Delimitation Commission.
(2) The Election Commission shall—
(a) publish its proposals for the determination of the constituencies in which seats shall be reserved for the Scheduled Castes or for the Scheduled Tribes, as the case may be, in the Gazette of India and in the Official Gazette of the Union territory of Goa, Daman and Diu and also in such other manner as the Election Commission may consider fit, together with a notice inviting objections and suggestions in relation to the proposals and specifying a date on or after which the proposals will be further considered by it;
(b) consider all objections and suggestions which may have been received by it before the date so specified;
(c) after consideration of objections and suggestions which may have been received by it before the date so specified, determine by one or more orders the number of seats to be reserved for the Scheduled Castes or for the Scheduled Tribes, as the case may be, in the Legislative Assembly and the constituencies in which those seats shall be so reserved and cause such order or orders to be published in the Gazette of India and in the Official Gazette of the Union territory of Goa, Daman and Diu; and upon such publication in the Gazette of India, the order or orders shall have the full force of law and shall not be called in question in any court and the Second Schedule to the Representation of the People Act, 1950 (43 of 1950) and the order made by the Delimitation Commission under section 9 of the Delimitation Act in relation to the Legislative Assembly shall be deemed to have been amended accordingly.
(3) Subject to the provisions of sub-section (4), the re-adjustment of representation of any territorial constituencies in the Legislative Assembly necessitated by any order made by the Election Commission under this section, shall apply in relation to every election to the Legislative Assembly held after the publication in the Gazette of India, under sub-section (2), of such order.
(4) Nothing contained in the foregoing sub-sections shall affect the representation in the Legislative Assembly existing on the date of publication in the Gazette of India, under sub-section (2), of any order made by the Election Commission.
(5) The Election Commission may, from time to time, by notification in the Gazette of India and in the Official Gazette of the Union territory of Goa, Daman and Diu—
(a) correct any printing mistake in any order made under sub-section (2) or any error arising therein from inadvertent slip or omission;
(b) where the boundaries or name of any territorial division mentioned in any such order are, or is, altered, make such amendments as appear to it to be necessary or expedient for bringing such order up-to-date.
(6) Every order made under sub-section (2) and every notification issued under sub-section (5) shall be laid, as soon as may be, after it is made or issued before the Legislative Assembly.
Explanation.—In this section,—
(a) "Delimitation Act" means the Delimitation Act, 1972 (76 of 1972);
(b) "Delimitation Commission" means the Delimitation Commission constituted under section 3 of the Delimitation Act.]
1. Ins. by Act 86 of 1976, s. 3 (w.e.f. 30-9-1976).
Section 43E Special provisions as to readjustment of territorial constituencies.
1[43E. Special provisions as to readjustment of territorial constituencies.―Notwithstanding anything contained in sections 38 to 43D (both inclusive), until the relevant figures for the first census taken after the year 2[2026] have been published, it shall not be necessary to readjust the division of each Union territory into territorial constituencies and any reference to the "latest census figures" in this Part shall be construed as a reference to the 3[2001] census figures.]
1. Ins. by Act 19 of 1984, s. 3 (w.e.f. 1-3-1984).
2. Subs. by Act 19 of 2005, s. 4, for "2000" (w.e.f. 21-5-2005).
3. Subs. by s. 4, ibid., for "1971" (w.e.f. 21-5-2005).
2. Subs. by Act 19 of 2005, s. 4, for "2000" (w.e.f. 21-5-2005).
3. Subs. by s. 4, ibid., for "1971" (w.e.f. 21-5-2005).
Section 43F Special provision as to readjustment of territorial constituencies on the basis of 2001 census.
1[43F. Special provision as to readjustment of territorial constituencies on the basis of 2001 census.―Notwithstanding the publication of orders under sub-section (1) of section 10 of the Delimitation Act, 2002 (33 of 2002) or anything contained in sub-section (2) or sub-section (4) of the said section, any readjustment in the division of Union territory into territorial constituencies by the Delimitation Commission under the said Act, on the basis of 2001 census shall take effect from such date as the Central Government may, by order, published in the Official Gazette, specify and until such readjustment takes effect, any election to the Legislative Assembly may be held on the basis of the territorial constituencies existing before such readjustment.]
1. Ins. by Act 5 of 2006, s. 2 (w.e.f. 31-3-2005).
Section 44 Council of Ministers. 2 docs
(1) There shall be a Council of Ministers in each Union territory with the Chief Minister at the head to aid and advise the Administrator in the exercise of his functions in relation to matters with respect to which the Legislative Assembly of the Union territory has power to make laws except in so far as he is required by or under this Act to act in his discretion or by or under any law to exercise any judicial or quasi-judicial functions:
Provided that, in case of difference of opinion between the Administrator and his Ministers on any matter, the Administrator shall refer it to the President for decision and act according to the decision given thereon by the President, and pending such decision it shall be competent for the Administrator in any case where the matter is in his opinion so urgent that it is necessary for him to take immediate action, to take such action or to give such direction in the matter as he deems necessary:
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(3) If and in so far as any special responsibility of the Administrator is involved under this Act, he shall, in the exercise of his functions, act in his discretion.
(4) If any question arises as to whether any matter is or is not a matter as respects which the Administrator is by or under this Act required to act in his discretion, the decision of the Administrator thereon shall be final.
(5) If any question arises as to whether any matter is or is not a matter as respects which the Administrator is required by any law to exercise any judicial or quasi-judicial functions, the decision of the Administrator thereon shall be final.
(6) The question whether any, and if so what, advice was tendered by Ministers to the Administrator shall not be inquired into in any court.
Provided that, in case of difference of opinion between the Administrator and his Ministers on any matter, the Administrator shall refer it to the President for decision and act according to the decision given thereon by the President, and pending such decision it shall be competent for the Administrator in any case where the matter is in his opinion so urgent that it is necessary for him to take immediate action, to take such action or to give such direction in the matter as he deems necessary:
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(3) If and in so far as any special responsibility of the Administrator is involved under this Act, he shall, in the exercise of his functions, act in his discretion.
(4) If any question arises as to whether any matter is or is not a matter as respects which the Administrator is by or under this Act required to act in his discretion, the decision of the Administrator thereon shall be final.
(5) If any question arises as to whether any matter is or is not a matter as respects which the Administrator is required by any law to exercise any judicial or quasi-judicial functions, the decision of the Administrator thereon shall be final.
(6) The question whether any, and if so what, advice was tendered by Ministers to the Administrator shall not be inquired into in any court.
1.The second proviso omitted by Act 34 of 1986, s. 41 (w.e.f. 20-2-1987).
2. Sub-section (2) omitted by Act 69 of 1986, s. 44 (w.e.f. 20-2-1987).
2. Sub-section (2) omitted by Act 69 of 1986, s. 44 (w.e.f. 20-2-1987).
Section 45 Other provisions as to Ministers.
(1) The Chief Minister shall be appointed by the President and the other Ministers shall be appointed by the President on the advice of the Chief Minister.
(2) The Ministers shall hold office during the pleasure of the President.
(3) The Council of Ministers shall be collectively responsible to the Legislative Assembly of the Union territory.
(4) Before a Minister enters upon his office, the Administrator shall administer to him the oaths of office and of secrecy according to the forms set out for the purpose in the First Schedule.
(5) A Minister who for any period of six consecutive months is not a member of the Legislative Assembly of the Union territory shall at the expiration of that period cease to be a Minister.
(6) The salaries and allowances of Ministers shall be such as the Legislative Assembly of the Union territory may from time to time by law determine, and until the Legislative Assembly so determines, shall be determined by the Administrator with the approval of the President.
(2) The Ministers shall hold office during the pleasure of the President.
(3) The Council of Ministers shall be collectively responsible to the Legislative Assembly of the Union territory.
(4) Before a Minister enters upon his office, the Administrator shall administer to him the oaths of office and of secrecy according to the forms set out for the purpose in the First Schedule.
(5) A Minister who for any period of six consecutive months is not a member of the Legislative Assembly of the Union territory shall at the expiration of that period cease to be a Minister.
(6) The salaries and allowances of Ministers shall be such as the Legislative Assembly of the Union territory may from time to time by law determine, and until the Legislative Assembly so determines, shall be determined by the Administrator with the approval of the President.
Section 46 Conduct of business. 3 docs
(1) The President shall make rules—
(a) for the allocation of business to the Ministers; and
(b) for the more convenient transaction of business with the Ministers including the procedure to be adopted in the case of a difference of opinion between the Administrator and the Council of Ministers or a Minister.
(2) Save as otherwise provided in this Act, all executive action of the Administrator, whether taken on the advice of his Ministers or otherwise, shall be expressed to be taken in the name of the Administrator.
(3) Orders and other instruments made and executed in the name of the Administrator, shall be authenticated in such manner as may be specified in rules to be made by the Administrator, and the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the Administrator.
(a) for the allocation of business to the Ministers; and
(b) for the more convenient transaction of business with the Ministers including the procedure to be adopted in the case of a difference of opinion between the Administrator and the Council of Ministers or a Minister.
(2) Save as otherwise provided in this Act, all executive action of the Administrator, whether taken on the advice of his Ministers or otherwise, shall be expressed to be taken in the name of the Administrator.
(3) Orders and other instruments made and executed in the name of the Administrator, shall be authenticated in such manner as may be specified in rules to be made by the Administrator, and the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the Administrator.
Section 47 Consolidated Fund of the Union territory. 1 docs
(1) As from such date as the Central Government may, by notification in the Official Gazette, appoint in this behalf, all revenues received in 1 [the Union territory] by the Government of India or the Administrator of the Union territory in relation to any matter with respect to which the Legislative Assembly of the Union territory has power to make laws, and all grants made and 2[all loans advanced to the Union territory from the Consolidated Fund of India and all loans raised by the Government of India or the Administrator of the Union territory upon the security of the Consolidated Fund of the Union territory] and all moneys received by the Union territory in repayment of loans shall form one Consolidated Fund to be entitled "the Consolidated Fund of the Union territory".
(2) No moneys out of the Consolidated Fund of 1[the Union territory] shall be appropriated except in accordance with, and for the purposes and in the manner provided in, this Act.
(3) The custody of the Consolidated Fund of 1[the Union territory], the payment of moneys into such Fund, the withdrawal of moneys therefrom and all other matters connected with or ancillary to those matters shall be regulated by rules made by the Administrator with the approval of the President.
(2) No moneys out of the Consolidated Fund of 1[the Union territory] shall be appropriated except in accordance with, and for the purposes and in the manner provided in, this Act.
(3) The custody of the Consolidated Fund of 1[the Union territory], the payment of moneys into such Fund, the withdrawal of moneys therefrom and all other matters connected with or ancillary to those matters shall be regulated by rules made by the Administrator with the approval of 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 38 of 2001, s. 3, for "all loans advanced to the Union territory from the Consolidated Fund of India" (w.e.f. 10-5-2006).
2. Subs. by Act 38 of 2001, s. 3, for "all loans advanced to the Union territory from the Consolidated Fund of India" (w.e.f. 10-5-2006).
Section 47A Public Account of the Union territory and moneys credited to it.
1[47A. Public Account of the Union territory and moneys credited to it.―(1) As from such date as the Central Government may, by notification in the Official Gazette, appoint in this behalf, all other public moneys received by or on behalf of the Administrator shall be credited to a Public Account entitled "the Public Account of the Union territory".
(2) The custody of public moneys, other than those credited to the Consolidated Fund of the Union territory or the Contingency Fund of the Union territory, received by or on behalf of the Administrator, their payment into the Public Account of the Union territory and the withdrawal of moneys from such account and all other matters connected with or ancillary to the aforesaid matters shall be regulated by rules made by the Administrator with the approval of the President.]
(2) The custody of public moneys, other than those credited to the Consolidated Fund of the Union territory or the Contingency Fund of the Union territory, received by or on behalf of the Administrator, their payment into the Public Account of the Union territory and the withdrawal of moneys from such account and all other matters connected with or ancillary to the aforesaid matters shall be regulated by rules made by the Administrator with the approval of the President.]
1. Ins. by s. 4, ibid. (w.e.f. 10-5-2006).
Section 48 Contingency Fund of the Union territory.
(1) There shall be established a Contingency Fund in the nature of an imprest to be entitled "the Contingency Fund of the Union territory, into which shall be paid from and out of the Consolidated Fund of the Union territory such sums as may, from time to time, be determined by law made by the Legislative Assembly of the Union territory; and the said Fund shall be held by the Administrator to enable advances to be made by him out of such Fund.
(2) No advances shall be made out of the Contingency Fund of the Union territory except for the purposes of meeting unforeseen expenditure pending authorisation of such expenditure by the Legislative Assembly of the Union territory under appropriations made by law.
(3) The Administrator may make rules regulating all matters connected with or ancillary to the custody of, the payment of moneys into, and the withdrawal of moneys from, the Contingency Fund of the Union territory.
(2) No advances shall be made out of the Contingency Fund of the Union territory except for the purposes of meeting unforeseen expenditure pending authorisation of such expenditure by the Legislative Assembly of the Union territory under appropriations made by law.
(3) The Administrator may make rules regulating all matters connected with or ancillary to the custody of, the payment of moneys into, and the withdrawal of moneys from, the Contingency Fund of the Union territory.
Section 48A Borrowing upon the security of the Consolidated Fund of the Union territory.
1[48A. Borrowing upon the security of the Consolidated Fund of the Union Territory.--(1) The executive power of the Union extends to borrowing upon the security of the Consolidated Fund of the Union territory within such limits, if any, as may, from time to time, be fixed by Parliament by law and to the giving of guarantees within such limits, if any, as may be so fixed:
Provided that the powers exercisable by the Government of India under this sub-section shall also be exercisable by the Administrator subject to such conditions, if any, as the Government of India may think fit to impose.
(2) Any sums required for the purpose of invoking a guarantee shall be charged on the Consolidated Fund of the Union territory.]
Provided that the powers exercisable by the Government of India under this sub-section shall also be exercisable by the Administrator subject to such conditions, if any, as the Government of India may think fit to impose.
(2) Any sums required for the purpose of invoking a guarantee shall be charged on the Consolidated Fund of the Union territory.]
1. Ins. by Act 38 of 2001, s. 5 (w.e.f. 10-5-2006).