The Government of Union Territories Act, 1963
Administered Ministry: Ministry of Home Affairs / Department of States
Section
Section 48B Form of accounts of the Union territory.
1[48B. Form of accounts of the Union territory.--The accounts of the Union territory shall be kept in such form as the Administrator may, after obtaining advice of the Comptroller and Auditor-General of India and with the approval of the President, prescribe by rules.]
1. 1. Ins. by Act 38 of 2001, s. 5 (w.e.f. 10-5-2006).
Section 49 Audit reports.
The reports of the Comptroller and Auditor-General of India relating to the accounts of 1[the Union territory] for any period subsequent to the date referred to in sub-section (1) of section 47 shall be submitted to the Administrator who shall cause them to be laid before the Legislative Assembly of the Union territory.
1. Subs. by Act 18 of 1987, s. 65, for "a Union territory" (w.e.f. 30-5-1987).
Section 50 Relation of Administrator and his Ministers to President.
Notwithstanding anything in this Act, the Administrator and his Council of Ministers shall be under the general control of, and comply with such particular directions, if any, as may from time to time be given by, the President.
Section 51 Provision in case of failure of constitutional machinery.
If the President, on receipt of a report from the Administrator of 1[the Union territory] or otherwise, is satisfied,―
(a) that a situation has arisen in which the administration of the Union territory cannot be carried on in accordance with the provisions of this Act, or
(b) that for the proper administration of the Union territory it is necessary or expedient so to do,
the President may, by order, suspend the operation of all or any of the provisions of this Act for such period as he thinks fit and make such incidental and consequential provisions as may appear to him to be necessary or expedient for administering the Union territory in accordance with the provisions of article 239.
(a) that a situation has arisen in which the administration of the Union territory cannot be carried on in accordance with the provisions of this Act, or
(b) that for the proper administration of the Union territory it is necessary or expedient so to do,
the President may, by order, suspend the operation of all or any of the provisions of this Act for such period as he thinks fit and make such incidental and consequential provisions as may appear to him to be necessary or expedient for administering the Union territory in accordance with the provisions of article 239.
1. Subs. by Act 18 of 1987, s. 65, for "a Union territory" (w.e.f. 30-5-1987).
Section 52 Authorisation of expenditure by President.
1[52. Authorisation of expenditure by President.―Where the Legislative Assembly of 2[the Union territory] is dissolved, or its functioning as such Assembly remains suspended, on account of an order under section 51, it shall be competent for the President to authorise when the House of the People is not in session expenditure from the Consolidated Fund of that Union territory pending the sanction of such expenditure by Parliament.]
1. Ins. by Act 1 of 1980, s. 2 (w.e.f. 25-9-1979).
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 53 Provisions for election to Parliament from Goa, Daman and Diu, and Pondicherry.
(1) As soon as practicable after the commencement of this Act, elections shall be held in accordance with law―
(a) to fill the seats in the House of the People allotted to the Union territory of Goa, Daman and Diu; and
(b) to fill the seat in the House of the People and the seat in the Council of States allotted to the Union territory of Pondicherry.
(2) Notwithstanding anything contained in any other law for the time being in force, the members nominated to represent the Union territory of Goa, Daman and Diu in the House of the People shall continue to be such until the election of the members to fill the two seats in that House allotted to that Union territory:
Provided that where the dates of election of the members are different, the members so nominated shall cease to be members of that House on the earlier of those two dates.
Explanation.―In this sub-section, the expression "date of election" has the same meaning as in section 67A of the Representation of the People Act, 1951 (43 of 1951).
(a) to fill the seats in the House of the People allotted to the Union territory of Goa, Daman and Diu; and
(b) to fill the seat in the House of the People and the seat in the Council of States allotted to the Union territory of Pondicherry.
(2) Notwithstanding anything contained in any other law for the time being in force, the members nominated to represent the Union territory of Goa, Daman and Diu in the House of the People shall continue to be such until the election of the members to fill the two seats in that House allotted to that Union territory:
Provided that where the dates of election of the members are different, the members so nominated shall cease to be members of that House on the earlier of those two dates.
Explanation.―In this sub-section, the expression "date of election" has the same meaning as in section 67A of the Representation of the People Act, 1951 (43 of 1951).
Section 54 Transitional provisions for administration of justice in certain areas in the Union territory of Mizoram.
1[54. Transitional provisions for administration of justice in certain areas in the Union territory of Mizoram.―On and from the commencement of this Act in the Union territory of Mizoram and until other provisions in this behalf are made by a competent Legislature or other competent authority, the administration of justice in those areas of that Union territory which are not comprised in any autonomous district under the Sixth Schedule to the Constitution shall be carried on, so far as may be, in accordance with the provisions of paragraphs 4 and 5 of that Schedule, as if those areas were comprised in an autonomous district under that Schedule and the provisions of the said paragraphs were in force in those areas and for this purpose,―
(i) all powers and functions of a District Council under the provisions of the said paragraph 4 shall be exercised and discharged by the Administrator or any officer appointed by him in this behalf;
(ii) the said paragraph 5 shall have effect as if references to the District Council, the Regional Council and the courts constituted by the District Council, by whatever form of words, had been omitted therefrom; and
(iii) references to Governor in the said paragraphs 4 and 5 shall be construed as references to the Administrator.]
(i) all powers and functions of a District Council under the provisions of the said paragraph 4 shall be exercised and discharged by the Administrator or any officer appointed by him in this behalf;
(ii) the said paragraph 5 shall have effect as if references to the District Council, the Regional Council and the courts constituted by the District Council, by whatever form of words, had been omitted therefrom; and
(iii) references to Governor in the said paragraphs 4 and 5 shall be construed as references to the Administrator.]
1. Subs. by Act 83 of 1971, s. 12, for section 54 (w.e.f. 16-2-1972)
Section 54A Provision as to provisional Legislative Assembly of Arunachal Pradesh.
1[54A. Provision as to provisional Legislative Assembly of Arunachal Pradesh.―(1) Notwithstanding anything contained in this Act (including provisions relating to the strength of the Legislative Assembly of the Union territory of Arunachal Pradesh), until the Legislative Assembly of the Union territory of Arunachal Pradesh has been duly constituted and summoned to meet for the first session under and in accordance with the provisions of this Act, there shall be a provisional Legislative Assembly which shall consist of members, being those persons referred to in clauses (b), (c) and (d) of section 3 of the North-East Frontier Agency (Administration) Supplementary Regulation, 1971 (4 of 1971) and who are functioning, immediately before the commencement of this Act in the Union territory of Arunachal Pradesh, as members of the Pradesh Council constituted under the said section 3.
(2) The term of office of the members of the provisional Legislative Assembly shall expire immediately before the first meeting of the Legislative Assembly duly constituted after the first general election to that Assembly.
(3) The provisional Legislative Assembly constituted under this section shall, for so long as it is in existence, be deemed to be the Legislative Assembly duly constituted under this Act and accordingly the other provisions of this Act, so far as may be, apply in relation to the provisional Legislative Assembly as they apply in relation to the Legislative Assembly.]
(2) The term of office of the members of the provisional Legislative Assembly shall expire immediately before the first meeting of the Legislative Assembly duly constituted after the first general election to that Assembly.
(3) The provisional Legislative Assembly constituted under this section shall, for so long as it is in existence, be deemed to be the Legislative Assembly duly constituted under this Act and accordingly the other provisions of this Act, so far as may be, apply in relation to the provisional Legislative Assembly as they apply in relation to the Legislative Assembly.]
1. Ins. by Act 29 of 1975, s. 10 (w.e.f. 15-8-1975).
Section 55 Contracts and suits.
For the removal of doubts it is hereby declared that—
(a) all contracts in connection with the administration of 1[the Union territory] are contracts made in the exercise of the executive power of the Union;
(b) all suits and proceedings in connection with the administration of 1[the Union territory] shall be instituted by or against the Government of India.
(a) all contracts in connection with the administration of 1[the Union territory] are contracts made in the exercise of the executive power of the Union;
(b) all suits and proceedings in connection with the administration of 1[the Union territory] shall be instituted by or against the Government of India.
1. Subs. by Act 18 of 1987, s. 65, for "a Union territory" (w.e.f. 30-5-1987)
Section 56 Power of President to remove difficulties.
If any difficulty arises in relation to the transition from the provisions of any of the laws repealed by this Act or in giving effect to the provisions of this Act and, in particular, in relation to the constitution of the Legislative Assembly for 1[the Union territory], the President may by order do anything not inconsistent with the provisions of this Act which appear to him to be necessary or expedient for the purpose of removing the difficulty.
1. Subs. by s. 65, ibid., for "any Union territory" (w.e.f. 30-5-1987).
Section 57 Amendment to certain enactments.
(1) The enactments specified in the Second Schedule―
(a) shall, together with all rules, notifications and orders made or issued thereunder, extend to and come into force in the Union territories of Goa, Daman and Diu, and Pondicherry; and
(b) shall be subject to the amendments mentioned in the fourth column of the said Schedule.
(2) All things done, and all steps taken, before the commencement of this Act in connection with the preparation or revision of electoral rolls for the purpose of elections to the House of the People from the Union territories of Goa, Daman and Diu, and Pondicherry, and to the Legislative Assemblies of those Union territories shall, in so far as they are in conformity with the provisions of the Representation of the People Act, 1950 (43 of 1950), as amended by this Act, be deemed to have been done in accordance with law.
(a) shall, together with all rules, notifications and orders made or issued thereunder, extend to and come into force in the Union territories of Goa, Daman and Diu, and Pondicherry; and
(b) shall be subject to the amendments mentioned in the fourth column of the said Schedule.
(2) All things done, and all steps taken, before the commencement of this Act in connection with the preparation or revision of electoral rolls for the purpose of elections to the House of the People from the Union territories of Goa, Daman and Diu, and Pondicherry, and to the Legislative Assemblies of those Union territories shall, in so far as they are in conformity with the provisions of the Representation of the People Act, 1950 (43 of 1950), as amended by this Act, be deemed to have been done in accordance with law.
Section 58 Repeal and savings.
(1) The following laws are hereby repealed:―
(a) the Territorial Councils Act, 1956 (103 of 1956);
(b) the Decree No. 46-2381, dated the 25th October, 1946, as subsequently amended, relating to the Representative Assembly of the State of Pondicherry;
(c) the Decree No. 47-1490, dated the 12th August, 1947, as subsequently amended, relating to the setting up of a Council of Government in the State of Pondicherry;
(d) the State of Pondicherry (Representation of the People) Order, 1955, in so far as it relates to the Representative Assembly of Pondicherry.
(2) Notwithstanding the repeal of the Territorial Councils Act, 1956 (103 of 1956),―
(a) every officer and other employee of the Territorial Council of 1[the Union territory] serving under the Council immediately before such repeal shall become an officer or other employee of Government and shall be employed in connection with the administration of the Union territory with such designation as the Administrator may determine and shall hold office by the same tenure and at the same remuneration and on the same terms and conditions of service as he would have but for such repeal held the same and shall continue to do so unless and until such tenure, remuneration and terms and conditions are duly altered by the Administrator:
Provided that―
(i) the tenure, remuneration and terms and conditions of service of any such officer or other employee shall not be altered to his disadvantage without the previous sanction of the Central Government;
(ii) any service rendered by any such officer or other employee before such repeal shall be deemed to be service rendered in connection with the administration of the Union territory;
(iii) the Administrator may employ any such officer or other employee in the discharge of such functions as the Administrator may think proper and every such officer or other employee shall discharge those functions accordingly;
(b) anything done or any action taken (including any notification, order, scheme, rule, form, notice or bye-law made or issued, any licence or permission granted) under the repealed Act shall in so far as it is not inconsistent with the provisions of this Act, continue in force unless and until it is superseded by anything done or any action taken in accordance with law;
(c) all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for the Territorial Council before such repeal shall be deemed to have been incurred, entered into or engaged to be done in exercise of the executive power of the Union for the purposes of the administration of the Union territory;
(d) all assessments, valuations, measurements or divisions made by the Territorial Council shall, in so far as they are not inconsistent with the provisions of this Act, continue in force unless and until hey are superseded by any assessment, valuation, measurement or division made by the Administrator in accordance with law;
(e) all properties, movable and immovable, and all interests of whatsoever nature and kind, vested in the Territorial Council immediately before such repeal shall, with all rights of whatsoever description, used, enjoyed or possessed by that Council, vest in the Union for the purposes of the administration of the Union territory;
(f) all rates, taxes, cesses, fees, rents, fares and other charges which immediately before such repeal were being lawfully levied by the Territorial Council shall continue to be levied at the same rate at which they were being levied by the Council immediately before such repeal until provision to the contrary is made by law;
(g) all rates, taxes, cesses, fees, rents, fares and other charges due to the Territorial Council immediately before such repeal shall be deemed to be due to the Union in connection with the administration of the Union territory;
(h) all suits, prosecutions and other legal proceedings instituted or which might have been instituted by or against the Territorial Council may be continued or instituted by or against the Government of India.
(a) the Territorial Councils Act, 1956 (103 of 1956);
(b) the Decree No. 46-2381, dated the 25th October, 1946, as subsequently amended, relating to the Representative Assembly of the State of Pondicherry;
(c) the Decree No. 47-1490, dated the 12th August, 1947, as subsequently amended, relating to the setting up of a Council of Government in the State of Pondicherry;
(d) the State of Pondicherry (Representation of the People) Order, 1955, in so far as it relates to the Representative Assembly of Pondicherry.
(2) Notwithstanding the repeal of the Territorial Councils Act, 1956 (103 of 1956),―
(a) every officer and other employee of the Territorial Council of 1[the Union territory] serving under the Council immediately before such repeal shall become an officer or other employee of Government and shall be employed in connection with the administration of the Union territory with such designation as the Administrator may determine and shall hold office by the same tenure and at the same remuneration and on the same terms and conditions of service as he would have but for such repeal held the same and shall continue to do so unless and until such tenure, remuneration and terms and conditions are duly altered by the Administrator:
Provided that―
(i) the tenure, remuneration and terms and conditions of service of any such officer or other employee shall not be altered to his disadvantage without the previous sanction of the Central Government;
(ii) any service rendered by any such officer or other employee before such repeal shall be deemed to be service rendered in connection with the administration of the Union territory;
(iii) the Administrator may employ any such officer or other employee in the discharge of such functions as the Administrator may think proper and every such officer or other employee shall discharge those functions accordingly;
(b) anything done or any action taken (including any notification, order, scheme, rule, form, notice or bye-law made or issued, any licence or permission granted) under the repealed Act shall in so far as it is not inconsistent with the provisions of this Act, continue in force unless and until it is superseded by anything done or any action taken in accordance with law;
(c) all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for the Territorial Council before such repeal shall be deemed to have been incurred, entered into or engaged to be done in exercise of the executive power of the Union for the purposes of the administration of the Union territory;
(d) all assessments, valuations, measurements or divisions made by the Territorial Council shall, in so far as they are not inconsistent with the provisions of this Act, continue in force unless and until hey are superseded by any assessment, valuation, measurement or division made by the Administrator in accordance with law;
(e) all properties, movable and immovable, and all interests of whatsoever nature and kind, vested in the Territorial Council immediately before such repeal shall, with all rights of whatsoever description, used, enjoyed or possessed by that Council, vest in the Union for the purposes of the administration of the Union territory;
(f) all rates, taxes, cesses, fees, rents, fares and other charges which immediately before such repeal were being lawfully levied by the Territorial Council shall continue to be levied at the same rate at which they were being levied by the Council immediately before such repeal until provision to the contrary is made by law;
(g) all rates, taxes, cesses, fees, rents, fares and other charges due to the Territorial Council immediately before such repeal shall be deemed to be due to the Union in connection with the administration of the Union territory;
(h) all suits, prosecutions and other legal proceedings instituted or which might have been instituted by or against the Territorial Council may be continued or instituted by or against the Government of India.
1. Subs. by Act 18 of 1987, s. 65, for "a Union territory" (w.e.f. 30-5-1987).