Lo पी o1l BREGD. GOA-F Panaji, 9th luly, 1987 (Ashada 18, 1909) - - N - & e g o (- Tt Bl .fL-gGY/%/GVuL?f»{J\.@M कल्प, e K] SERIES | No. i5 - GOYERNMENT QOF &OA Law “Department Legal Affairs Branch Notification LD /67-L. A, B, i The Gos, Daman anfl Diu Reorganisation Act, 1987 (Act No, 18 of 1987) which was passed by Parlia- raent and assented to by the President of India on : 23rd May, 1987 is hereby published for general infor- * mation of the public. P. V. Eadnekar, Under Secretary (Drafting). . Panaji, 9th July, 1987. THE GOA. PAMAN AND DIU REORGANISATION ACE, 1987 HSARRANGEMENT bF SECTIONS - _/( PART T FProlirainary Soctlons 7 1. Short title, 2. Definitions, :~ 3. . PART II Reorganisation of the TUnion territory of Goa. Daman and हैं): Formation of State of Gon. . Formation of Union territory of Daman and ITHu. Amecndment of the Firat Schedule to the Constitution. o W PART 1OIX B.eprosentation bo the Leogislatures The Council of States 6. Amendment of the Fourth Schedule to the Constitution. T. Eloction to fill the seat a!lotted to the State of Gea. The House of the FPecopile Allocatton of seats in the House of the People. 9, Parliamentary Congttuency of the Uwndon Territory of Daman and Diu < _ ए0पहारारध्ारा' 0 GOA EXTRAORDINARY 10. Parilamentary Constituencles. o 11. Provislons a3 to sittlng members. The Legislative Assembly ot 12. Provislons as to Legislative Assembly. ) 13. Provisional Legislative Assembly. . 14, Amendment of Delimitation Order: - 15, Speaker of the provislonal Leglalative Assembly. 18. Rulea of procedure. Delimitation of cofist{tucnc-ics 17. Delimitation of constituencles, 18. Power of Electlon Commission to malotain dellmitation orders up-to date. . 19. Amendment of Scheduled Castes and Scheduled Tribes Orders. PART IV High Court 20. Common High Court for Mafinrashtro, Gon, Dndra and Nagar Havell and Daman and Diu. 21. Provision pa to advocates. 22. Practice and procedure in the common High Court. 23. Custody of seal of the common High Court, 24. Form of wrlts and other processecs. 2%, Powers of Judges. 26, Principal seat and other places of sitting of the dommon Hlgh Court. 27. Procedure as to appeals to Supremc Court. 28, Transfcr of proccedings to the common High Court, 29. Interpretatiom, cte. 30, Saving. PART V Authorisation of expenditure and distefbution of Revenuos 31, Autherisation of expendlture pending itz sanction by the Legislature. 32, Reports relating to the asccounts of the cxlsting Undon territory. 33. Distribution of Revenucs. - Assots and Liabilitien ) 31. Definitlon. - - - 35. Land and goods. . 36, Cash balenees. 37. Arrears of taxes. - v 3, Right to recover loans and advances ः 39, Investments in and loans, ete, to certain corporate bodles. 40. Assets 'and liabflitics of State undertakings.
agpaasarpnr | है adjustment In certain cases. PART VH territory of Goa, Daman and Diu as existing im- mediately before the appointed day; - 5 . SERIES I No. 15 Lot Refund of taxes collected In excess. (d}) ‘“assembly constituency” and " Qertalts deposits, “parliameatary constituency” have the ' \ Provident fund ame meanings as in the Representation N Pensions granted by the Administrater, etc. same m 4 the ep \ Contracts. of the People Act, 1950; 43 of 1950 N Linbility o respect of actionable wrong. o . ~ e s ~ LiabQity oz gusrantor of co-cperative socletles. (¢) “Election Commission” means the Election i items In suspenso. Commission appointed by the President under i Residuary provision article 324; . i Apporticument of assets or labilitles by agreement. . Power of Central Government to order allocation or {f) “existing Union territory” means the Union न | Frovisons 38 t armuogements, corporntions and . inter-State aprrocments Conticuance of certaln arrangements. Provision as to co-operative banka. General provisions as to statutory corporations. Temporary provisions as to continuance of certain existing road transport permits. Special provision relating to retremchment compensation In certain.cases v Special provisions as to income-tax. Continuance of exdsting facilitles in certaln institutions. £3 & BRER - PART VHI Provisions as to services 59. Provislons relatlng to All India Services. 60 - Provisions relating fo other services. .o 91, ¥rovisions as to continuance of officers In the same posts. . Powers of Centrad Government to give directlons. N S8 PART IX Legal asd miscellancous provislons Amendment of certaln articles. Amendment of Act 37 of 1956. Amendment of Act 20 of 1963, Territortal extent of laws. Power ६0 adapt laws. Power to construe laws, €9, Provisions as to continuance of courts, ete. 70. Effect of provisions of Act IRconsistent with other laws. Power to remove difffcultics, Power to make rules. THE FIRST SCHEDULE, THE SECOND SCHEDULE. BARERS HH The Goa, Daman and Diu Reorganisation Acf, 1987 AN ACT to prcr;ndc for the reorganisation of the Union fer- ritory of Goa, Daman and Diw and for matters connected therewith. Be it enacted by Parliament in the Thirty eighth Year of the Republic of India as follows: — PART I Preliminary 1. Short title. — This Act may. be called the Goa, Daman and Diu Reorganisation Act, 1987, 2. Definations. —In this Act, unless the context otherwise requires, w- (e} ‘"Administrator” means the adminjstrator appointed by the President under article 239; (b) “appointed day” means the day which the " Central Government may, by notification, appoint; (c). “article” means an article of the Constitu- tion; . e b P T Tt (g) “law"” includes any enactment, ordinance, regulation, order, bye-law, rule, scheme, notifica- tion or other instrument having, immediately before the appointed day, The force of law in the whole or any part of the existing Union territory; (के) “notification” means a notification published in the Official Gazette; (1) “population ratic”, in relation to the State of Gosa. and the Union, means the ratio of 42:3.25; (j) “sitting member", in relation to the House of the People or of the Legislative Assembly of the existing Unjon territory, means a person who, immediately before the appeinted day, is a member of that House or that Assembly; (k) “treasury” includes a sub-treasury. PART I Recrganisation of the Union territory of Goa, Daman and Diu 3. Formation of State of Goa. — On and from the appointed day, there shall be formed a new State to . * be known as the State of Goh comprising the terri- . tories which immediately before that day were com- prised in the Goa distriet of the existing Union territory. . Lo 4, Formation of Union territory of Daman and Diu, | — On and from the appointed day, there shall be \ formed a new Union territory to be known as the : ‘ Union territory of Daman and Diu comprising the territories which, immediately before that day, were comprised in the Daman and Diu districts of the ex- isting Union territory. T दि. dmendment of the First Schedule to the Condti- tution. — On and from the appdinted day, in the First Schedule to the Constitution, — (e} under the heading “I. THE STATES”, after, entry 24. the following entry shall be inserted, namely: — “25. Goa -, The territories specified - in section 3 of the - Goa, Daman and Diu Reorganisation Act, 1987."; {b) under the heading “II. THE UNION TER- RITORIES”, for entry 5, the following entry shall be substituted, namely: — repm 5. Daman and Diu The territories specified in section 4 of the Goza, Daman and Diu Reorganisation: ct, 1987.".
P " 9TH JULY, 1987 (ASHADA 18, 1909) ः 185 नर नही, दर PART एप Representation in the Legislatures The Council-of States 6. Amendment of the Fourth Schedule to the Cons- titution. — On and from the appointed day, in the Fourth Schedule to the Constitution, in the Table, - (a) entries 4 to 26 shall be renumbered as entries 5 to 27 respectively: {b) after entry 3, the following entry shall be inserted, namely: — “4. Goa ...... e s L1 (¢} for the figures “232" the figures 233" shall be substituted, 7. Election to fill'the seat allotted to the State of Goa. — As soon as may be after tfie appointed day, election shall be held to fill the seat allotted in the Council ‘of States to the State of "Goa. . The House of the People _ . B Allocation of seats in the Housc of the People.-— On and from the appoin- ted day, there shall be allotted two seats to the State of Goa, and onk geat to the Union terrifory of Damar and Diu in the House of the People and the First Sche- dule to the Representation of the People Act, 1950 shall be deemed to be amended accordingly, 43 of 1850, 1 9. Porliamentary constituency of the Union Territory~ op Daman and Diu. — The whole of the Union territory of Da. man and Diu shall form one parliamen- tary coustituency o be called the Daman and Diu parliamentary constituency and as S000 as may Be after the ‘appeinted day, election shal] be held to the House of the People to elect z representative from that constituency, as if the seat of the member elscted to the House of the People from that constituency has be- come vacant and the provisions of sec- tion 149 of the Representation of the People Act, 1951 shall, so far as may be, 45 of 1951. apply in relation to such election. 10. Parliamentary Constituencies. _ On and from the appointed day, — {a} the Panaji parliamentary constituency, ex- cluding the Daman and Diu assembly constituen- cies, and the Mormugac parliamentary constitu- cency in the existing Union territory shall be deemed to be the parliamentary constituencies of the Btate of Goa and accordingly, in Part A of Schedule XX VI to the Delimitation of Parliamen- tary and Assembly Constituencies Order, 1976, for the figures and words "12-Cumbarjua, 13-Santo Andre, 26.Daman and 30-Diy”, the figures' and words “12-Cumbarjua and 13-Santo Andre” shall be substituted: (b) the Daman and Diu assembly constituencies in the existing Union territory shall be deerned to comprise the parliamentary constituency of the Union territory of Daman and Diu; 11. Provisions as to sitling members. — (1) The sttting member of the House of the People repre- — senting the Panaji parliamentary constituency which, on the appointed day, by virtue of the provisions of clause (a) of section 10 stands altered and becomes a parliamentary constituency of the State of Goa shall, as from that day, be deemed to have been duly elected to that House by that constituency as .80 altered. (2) The sitting member of the House of the Peo- ple representing the Mormugao parliamentary cons- tituency which, on the appointed day, by virtue of the provisions of clause () of section 10 becomes x parliamentary constituency of the State of Goa. shali, as from that day, be deemed to have been duly elec- ted to that House by that constituency in that State. The Legislutive Assembly 12. Provisions as to Legislative Assem- bly. — On and from the appointed day, the total number of seats in the Legislative Assembly of the State of Goa to be fifled by persous, chosen by direct election from assembly constituencies shall be forty and the Second Schedule {6 the Representation of the People Act, 1950, shall be deemed to be amended accordingly, 43 of 1850. 13. Provisional Legisiative Assembly. — (1) Not- withstanding anything contained in this Act (in- cluding provigions relating to the strength of the Legislative Assembly of the State of Goa), on and from the appointed day and until the Legisiative Assembly of that State has been duly conmstituted and summoned to mest for the first session, there shall be a provisional Legislative Assembly which shall consist of, — {¢) members elected by the territorial consti- tuencies of the Legislative Assembly of the exist- ing Union territory, other thap those members tlected by the territorisl constituencies of Daman and Diu; and {b} members nominated to that Assembly. f2) The period of five yvears referred to in clause (1} of article 172 shall, in the case of provisional Legislative Assembly referrad to in sub-section (1), be deemed to have commenced on the date on which the duration of the Legislative Assembly of the existing Union territory commenced under section 5 of the Government of Union Territories Act, 1963. 20 of 1963, (3} For so-long as the provisional Legislative Ag- semhly constituted under thig section is in exis. tence, — {e) it shall be deemell to be the Legislative Ag- sembly of the State of Goa duly constituted under the Constitution and shall be competent to dJis charge all the functions of 2, Legislative Assembly of 2 State under the Constitution: angd {h) the memhers thereof, referred to in clanse {a} of sub-section (1), shall be deemed to be the members of the Legislative Assembly of the State of Goa duly elected under the Constitution. 14. Amendment of Delimitations Order. — In Part B of Schedule"XXVI to the Delimitation of Parlia- mentary and Assembly Constituencies Order, 1978, the headings “DAMAN DISTRICT" and “DIU DIS- TRICT" and entries thereunder shall be omitted.
166 . 15. Speoker of the provisicmal Legislative ASSEM- ply. — Tbe persol who smmediately before the apPo” inted day 18 the Speakerl of the Legisiative Assembly of the existing Union territory shall, oD apd from that day. be the Speakel of the provisional Legisla- give Assembly. 16. Rules of procedurc.-—-The rules of procedure and conduct of business of the Legislative Assembly of the existing Union territory. as in force immedia- tely before the appointed day shall, ungil rules are made unger clause (1) of article 208, be the yules of procedure and conduct of business of the provisional Legislative Assemblv referred to in section 13 sub- ject fo such iodifications and adaptations 28 may be made therein by the Speaker thereof. Delimitation of constituencies 17 Delimitation of cgnstituencies. — (1) The छोड Commission shall, in the manner herein Pro- vided, distribute. whether efore or after the appo- inted day, the seats assigned to the Legislative As- sempbly of the State of Goa under section 12 to single-member territorial constituencies and delimit them having regard to the provisions of the Consti- futidn and to the following provisions namely: — {a) all constituencies shall, as far-2s praetica‘!:-ie, be geographicaliy cornpact areas. and in delimiting them regard shall be had to physieal features, €X- isting poundaries of administrative units, facilities of ;ommunieation and convenience to the public: X (" constituencies in }vhich seats are reserved for the Seheduled Castes and the Qeheduled Trives shall, as far as praetiea.ble. e located in areas where The proportion of their population total populhtion is the Jargest. - . {2) For the purpoese of assisting it in the perfor- mance of 1S functions under sub-section (7). the Election Commission shall agsociate with कटा as associate membpers, — : (a) the- sitting members of the House of the People referred to in section 113 and (b} such X of the members of the Legislative Assembly of the existing Union territory or, as the case may De. the provisional Legislative Assembly veferred to D section 13 28 the Speaker thereof may nominate: T Provided that nonc of the associate members ghall have a right o vote or 10 sign any decision of the Flection Corninissiort. ¢§) If. owing to death or resignation. the office of an associate member falls vacant, 1t shall be fitled if practicable. jn accordance with the provisions of sub-section (2). () The Election Commission shall — (@) publish its pr0posals for the delimitation of constituencies together with. the Jissenting PIe posals. i apy. of an¥ associate member Who -de- and in such other manner as the Commission may consider fity together with a notice inviting ob- jections and SUEgestions in Telation to the pro- posals and gpecifying 2 date on OT after which the proposals will be further considered by it: (b) consider 511 objections and suggestions which . may have heen received by it hefore the date 80 specified'; , जि. . (८) after considering दा objctions and sugges* tions which may have been received bY it before {he date so specified, determine BY one or MOre orders the delimitation of constitueneies and cause such order OT orders o be published in the Official Garelie and upon such publie'a.tion, the order o orders chall have the full foree of law and shall (5) As =00 as may be after such pu‘nliea.tion, avery such order relating to assembly constituencies shall be 1aid before the Legislative Assembly of the existing Union territary of, 33 the case may be, the provisional 1 egislative Assembly referred to in sec- tion 13. 18. Power of Blection (ommission 1o maintuin delimitation orders upto-date. — (1) The Election Commission may, from time to time. by notification in the Official Gazetle. — (¢} eorrect any printing mistakes in any order mpde under section 17 0o any errer arising therein from inadvertent slip or omigsion; (कफ) where the poundaries OF name of an¥ terri- torial division mentiongd in any sueh order are o i altered, make such amendments as appear 1o it to he necessary or expedient for bringing such order up-to-date. 2y Tvery notification under this section relating to an assembly eonstituency ghall be laid, as soon 38 may be after it is issueds pefore the 1egislative As- sernbty of the existing Union territory. the provisi— onal 1erislative Assembly referred to in section 13 or the Togistative Assembly of the State of Goa, a8 the case may he. . 19. Amendment of geheduled Castes and goheduled Trihgn OTAETS — On and from the appointed day, — (a) the Constitution (Sc‘neauled Castes) Order, 1950 and the Constitation (Scheduled Castes) {Union Terriotries} Qrder, 1951 shall gtand armen- ded a8 directed in the First gchedule and the Cons- titution (God, Daman and Diu) Seheduled Castes Order. 1968, shal] stand repealed; thy the Constitution {Scheduled Tribes) Order, 1950 and the Constitution (Scheduled Tribes) (Union Territories) (एव, 1951 shall gtand amen- ded as givected in the Second Schedule 2nd the Constitution {Goa, Damab and Diw) gcheduled Tribes Order. 1968, shall stand repealed- PART IV High Court 20. Common High Court for Maharashire, Goa, तप nnd Nagar Hoveli and Domar and Diw— (1 On and from the appointed day, — (g) there shall be 2 ¢ TRInGT High Court for the Siates of Maharashira and Goa, and for the Union territories of Dadra and Nagar Tiaveli and Paman and Diu, to be calied the High Court of Bombay (hercinafter referred to 28 the common High Court}:
" 9TH JULY, 1987 (ASHADA 18, 1909) (b} the Judges of the High Court of Bombay (hereinafter referred to as the existing High Court), hoiding office immediately before that day shall, unless they have elected otherwise, become, on that day the Judges of the common High Court. {2) The expenditure in respect of the salaries and allowances of the Judges of the common High Court shall be allocated amongst the States of Maharashtra and Goa and the Unjon in such proportion as the President meay, by order, determine. 3} On and from the appointed day, the comumon High Court shall have, in respect of the territories comprised in the States of Maharashtra and Goa and the Union territories of Dadra and Nagar Haveli and Daman and Diu, all such jurisdiction, powers and authority as, under the law in force immediately before the appointed ddy. are exercisable in respect of those territories by {he High Court of Bombay. Z21. Prowsion as to advocates. — (1) On and from the appeinted day, — (¢} in the Advocates Act. 1961, in 25 of 1961 section 3 in sub-section (1), for clause (cce), the following clause shall be substituted. namely: — “(cce) for the States of Maharashtra and Goa and the Urnion territories of Dadra and Nagar Haveli and Daman and Diu, to be known as the Bar Council of Maharashtra and Goa;”: - () the Bar Council of Maharashtra shall be deemed to be the Bar Council of Maharashtra and Goa with the Advocate-General of the State of Goa also as an ex officio member. {2) Any person, who, immediately before the ap- pointed day, is an advocate gntitled to practise in the existing High Court shall'be entitled to practise as an advocate in the common High Court. (5) All persons who, immediately before the appo- inted day, are advocates on the roll of the Bar Council of Maharashtra, shall as from that day, be- come advocates on the roll of the Bar Council of Maharashtre and Goz. जि (की) The right of audience in the common High Court shall be regulated in accordance with the like principles as, immediately before the appointed day, are in force with respect to the right of audience in the existing High Court: Provided that as between the Advocates-General of the States of Maharashtra and Goa, the right of audience shall be determined with reference to their dates of enrclment as advocates. 22. Practice and procedure in the common High, Court. — Subject to the provisions of this Part, the जि in force immediately before the appointed day with respect to practice ang procedure in the existing High Court shall, with the necessary modifications, apply in relation to the common High Court. 23. Custody of seal of the common High Court. — The law in foree immediately before the appointed day with respeet to the custody of the Seal of the . existing High Court shall, with the necessary modi- fieations. apply with respect to the custody of the Seal of the common High Court. कि 167 - 24. Form of Writs and other processes.—The law in force immediately before the appointed day with- respect to the form of writs and other processes used, issued or awarded by the existing High Court shall, with the necessary modifications, apply with respect to the form of writs and other processes used, issued or awarded by the common High Court. 25. Powers of Judgef.—The, law in force imme- diately before the appointed day with respect to the powers of the Chief Justice, single Judges and divi- sion courts of the existing High Court and with respect to all matters, ancillary to the exercise of those powers shall, with the necessary modifications, apply in relation to the common High Court. . . 26. Principul seat and other places of silting of the common High Court.— (1) The principal seat of the common High Court shall be at the .same place at which the principal seat of फिट existing High Court is located immediately before the appointed day. (2) The President may, by notified order, provide' for the establishment of a permanent bench or ben- ches of the common High Court at one or more places within the territories to which the jurisdiction of the High Court extends, other than the principal seat of the High Court, and for any matters counec- ted therewith: Provided that before issuing any order under this sub-section. the President shall consuit the Chief Justice of the common High Court, and the Governor of the State in which the bench or benches is or are ,proposed to be established. ‘ (3} Notwithstanding anything contained in sub- -Section (1) of sub-section (2),the Judges and divi- sion courts of the common High Court may also sit at such other place or places within the territories to which the jurisdiction of that High Court extends as the Chief Justice of that High Court may, with the approval of the Governor of the State or the Admgmstrator of the Union territory concerned, appoint. 21, Procedure as to appeals,to Supreme Court, — The law in force immediatelv before the appointed day relating to appeals to the Supreme Court. from the existing High Court and the Judges and division courts thereof shail, with the necessary modifica- tions, apply in relation to the commeon High Court, 28. Transfer of proceedings to the common High Court. —~ (1) AN proceedings pending in the existing High Court immediately before the appointed day shall, from such day. stand transferred to the common High Court. . (2) Every proceeding transferred under sub-sec- tion (1} shall be disposed of by the common High C’gurt As if such proceeding was entertained by that High Court, 29. Inferpretation; ete, — (1) For the pu seclion 28, —- purposes of. (o) proceedings shall be deemed to be pending In a court until that court has disposed of all issues Eefween the parties, including any issues with respect to the taxation of the costs of the proceed- पड and shal]l inelude “appeals, applications for leave to appeal to the Supreme Court, ‘applications-
- 168 for review, petitions for revision and petitions for writs; and _ (b) references to 2 High Court shall be cons- trued as including references to a Judge or Jivision court thereof and references to an order made by a court or 2 Judge shall be construed as including referemces to a sentence, judgment or ecree passed or made by that court or Judge. (2).Any persen Wwho, immediately before पट _appointed dey, is an advocate entitled to practise n. ‘the existing High Court and was authorised to appear or to act in any proceedings transferred from that High Court to the common High Court under section 28 -shall have the right to appear or to act, as the case may be, in the common . High Court in relation to those proceedings. 30. Saving. — Nothing in this Part shall affect the spplication to the common High Court of any provisions of the Constitution, and this Part shall ‘have effect subject to any provision that may be made on or after the appointed day with respect Lo that High Court by any Legislature or other authority having power to make such provision. PART V Authorisation of expenditure and disfribution of revenues 31. Authorisation of expenditure pending its sanc- tion by the Legistature. — (1) The President may, at any time before the appointed day, authorise by order such expenditure from the Consolidated Fund of the State of Goz as he deems necessary for a pe- riod of not more than six months beginning with the appointed day, pending the sanction of such expendi- ture by the Legislative Assembly of the State of Goa: Provided that the Governor of Goa may, after the appointed day, authorise by order such further expenditure as he deems necessary from the Con- solidated Fund of the State of Goa for any period not extending beyond the said period of six months. (2) The President or, as the case may be the Governor of Goa shall make separate orders under sub-section (I) in respect of perieds falling ino different financial years. (3) The President may, at any time, before or after the appointed day, authorise by order such expenditure from the Consolidated Fund of India as he deems necessary for a period of not more than six months beginning, with the appointed day for the administration of the affairs of the Union territory of Daman and Diu pending the sanction of such expenditure by Parliament. 32. Reports relating to the accounts of the existing Uniom territory. — (1) The reports of the Comptroller and Auditor- -General of India referred to in section 49 of the Government of Union Territories ct, 1963, relating to the accounts of the 20 of 1963, existing Union territory in respect of any . period prior to the 2ppointed day, shall be submitted to the Governor of the State of Goa and the President who shall cause them to be laid before the Legislative Assembly of that State or the House of the people, as the case may be. et e o e g e e e, e SERIES I No. 15 (2) The Governor may, by order, — (@) declare any expenditure incurred out of the Consolidated Fund of the existing Union territory on any service in respect of any period prior to the appointed day during the financial year 1987-88 or in respect of any earlier financial year in excess of the amount granted for that service and for that year as disclosed in the report referred to in sub-section (1) to have been duly authorised; and () provide for any action to be taken ou any matter arising out of the said reports. 33. Distribution of Revenues. —The President shall, by order, determine the grants-in-aid of the revenues of the State of Goa and the share of that State in \ the Union duties of excise, estate duty . and taxes on income and for that purpose amend thereby the relevant provisions of the Additional Duties of Excise (Geods of Special Importance) Kct, 1057, the 58 of 1937 Union Duties of Rxecise (Distribution) Act, 1979, the Estate Duty (Distribution) et, 1662 and the Constitution (Distribu- tion of Revenues) Order, 1985 in suc manner as he thinks fit. ¥ 24 of 1979. 9 of 1962, r PART VL Assets and” liabilitics 34. Definition. —In this Part “Union purposes” nieans the purposes of Government relatable to any of the matters mentioned in List 1 in the Seventh Schedule to the Constitution. 35. Lond and goods.— (I) Subject to the other provisions of this Part, all land and all stores, articles and other goods held immediately before the appointed day, by the Union for the purposes of the governance of the existing Union territory, _shall on and from that day, pass to the State of Goa, unless any such land, stores. articles or goods are situate in the digtricts of Daman and Diu of the existing Union territory or are held for Tnion purposes: v Provided that where the Centrai Government i of the opinlon that any goods or class of goods should be distributed otherwise than according to the situation of the goods, the Central Government may issue such directions as it -thinks fit for a just and equitable distribution of the goods. दि (2) The stores held for specific purpeses, such as use or utilisation in particular institutions, work- shops or undertakings or on particular works under construction, shall be retained by the Union if such institution, workshop, undertaking or work is situated in the districts of Daman and Diu of the existing Union territory. (3) In this section, the expression “land” includes immovable property of every kind and any rights in or over such property. 36. Cash balances. — The total of the cash balances in all treasuries, the Reserve Bank of India, the tate Bank of India and any nationalised hank, of the existing Union territory immediately before the appointed day shall be divided between the State of
"/§TH JULY, 1987 (ASHADA 18, 1909) .Goa and the Union according to the population ratio: Provided that for the. purposes of such division, there shall be no transfer of cash balances from any treasury to any other treasury and the appor- tionment shall be effected by adjusting the balances in the books of the Reserve Bank of India. Explanation. — In this section, “halance” includes g debit balance. 37, Arrears of tawes.— (1) The right to recover arrears of any tax or duty (including arrears of land revenue) on any property situated in the district एव Goa of the existing Union territory snall belong to the State of Goa. (2} The right to recover arrears of any tax or duty, other than a tax or duty specified in sub-sec- tion (1), shall belong to the State of Goa if the place of assessment of that tax or duty is included in the district of Goa of the existing Union territory. 38, Right to recover logns and advances. — The right to recover any loans or azdvances made by the Union before the appointed day te any local body, society; agriculturist or other person in the district of Goa of the existing Union territory shall belong .to the State of Goa: Provided that the right to recover loans or advances of pay and travelling allowance to a Government servant made before the appointed day by the Administrator shall pass to the State of Goa if such Government servant is allotted to that State. व, Investmgnis in, and lpns, cte., to certein corporale bodies. — Where any body corporate con- stituted under a Central Act or a State Act for the existing Union territory, or any part thereof, has, by virtue of the provisions of Part गा, become an inter-State body corporate, the investments. in, or losns or advandes to, any such body by the. Union made before the agpointed day shall be divided bet- ween the State of Goa'and the Union in such marner 2s may be agreed between them before the expiration of one year from the appointed day, or In default of such agreement in such manner as the Central Government may, by order, direct, 40. Assets and Nabilities of State undertakings. — The assets and liabilities relating to any commercial undertaking of the existing Union territory shall — (a) if the undertaking is located in the district of Goa. of the existing Union territory, pass to the State of Goa; . (B) if the uwndertaking is located in the district of Goa, as well as the districts of Daman and Diu, of the existing Union territory, be divided in such manner as may be agreed upon between the State of Goa and the Union before the expiration of one year from the appointed day, or in default of such agreement, as the Central Government may, by order, direct. o 41. Refund of tawes collected in excess. — The liability of the Unpion to refund — (@) any tax or duty on property, including land revenue, collected in excess shall go to the State of Goa if the prdperty is situated in the district of Goa of the existing Union territory. (b} any other tax or duty collected in excess shall go to the State of Goa if -the place of assessment of that tax or duty is included in the district of Goa of the existing Union territory. 42. Certain deposits. — 'The liability of the Union in respect of any civil*deposit or local fund shall, on and trom the appointed day, be the liability of the. State of Goa, if the deposit has been made in the district of Goa of the existing Union territory. 43. Provident fund.— (1) The liability of the Union in respect of the provident fund azccount of 2 Government servant employed in connection with - the administration of the existing Union territory and in service on the appointed day shali, on and irom that day, be the liability of the State of Goa if that Government servant iz permanently sllotted to that State. {2) The lability of the Union in respect of the provident fund account of a Govermment servant employed in connection with the administration of the existing Union territory who has retired from service before the zppointed day shall be the lia- bility of the State of Goa in the first instance and shall be adjusted between the State of Goa and the Union according to the population ratio. 44, Pensions granted by the adminisiralor, etc. — {1} Subject to the adjustments mentioned in sub- section {4), the State of Goa. shall, in respect of pensions granted before the appointed day by the Administrator, pay the pensions drawn in the trea- suries in the Goa distriet of the existing Union ter- ritory. 2} Subject Lo the adjusuments mentioned in sub- seccion (4. the Jiability in respect of pensions of Government servants employed in connection with the affairs of the existing Union territory wno retire or proceed on leave prepar: ‘ory to retirement " befere the appointed day, but whose claims for pensions are outstanding imrfledintely before that day, shall be the liability of the State of Goa. (3) The liahility of the Union in respect of pen- sions granted hefore the appointed day by the Admi- nistrator and drawn in any treasury outside the existing Union territory shall be the liability of the State ofr Goa subject to adjustments to be made in - accordance with sub-section {4}, as if such pensions had been drawn in the treasuries referred to in sub-section (7). {}) In respect of the period commengcing on the appointed day and ending on the 31st day of March, 1988 and in respect of each subsequent financial vear, the total payments made by the State of Gea in respect of pensions referred to in sub-section (I3} and sub-section (2) shall be apportioned between पड State of Goa and the Union in the population ratio. . (5) The liability in respect of the pension of any Government servant employed immediately before the appointed day in connection with the affairs of the existing Union territory and retiring on or after that day, shall be that of the State of Goa or the Union, as the case may be but the portion of the ¢
170 penmon in respect of the period of service of any .~ “such Government servant before the appointed day “and the Union in the population ratio. gor) JO 9IEIS OM1 I पलक pauorjodde aq TieUs है (6) Any reference in this section to a pension shall be construed as including a reference to the commuted value of the pension. - , - 45, Contracts. — (1) Where before the appeinted न day, the Union has made any contract in the’exer- gise of its executive power for any purposes of the . existing Union territory that contract shall be - deemed to have been made in the exercise of the executive power of the State of Goa,— (छठ) if the purposes of the contract are, on and from the appointed day, exclusively purposes of b that State: and - b kY o " . {b) if. the purposes of the contract are, on and S from thaf day, not exclusively purposes of any i . area in the districts of Daman and Diu of the existing Union territory; . ः and all rights and liabilities which have accrued, or - . .may accrue, under any such contract shall, to tie extent to which they would have heen rights or Liabilities ‘of the Union, be rights or liabilities of : the State of Goa: Provided that in any such case as is referred to in clause (b}, the injtial allocation of rights and liabilities made by this sub-section shall be subject ' to such financial adjustments as may be agreed - upon between the State of Goa and the Union or in default of such agreement as the Central Govern- . ment may, by order, direct. i व (2) For the purposes of this section. there shall o be deemed to be included in the liabilities which have accrued or may accrue under any contract —. . {(z) any liability to satisfy an order or award ' ) _ made by any court or other tribunal in proceedings ‘ relating to the contract; and in, or in connection with, any such proceedings. {3) This section shall have effect subject to the other provisions of this part relating to the appor- ‘tionment of liabilities in respect of loans, guaraniees and other financial obligations. 46. Liability in respect-of actionable wrong. — Where, immediately before the appointed day, the Union in connection with the governance of the exist- ing Union territory is subject to any lability in res- pect of an actionable wrong, other than breach of . contract, that liability shall,— ’ रद) if the cause of action arose wholly within the district of Goa of the existing Union territory, be a liability of the State of Goa; and . (b) in any other case, be initially a liability of the State of Goa but subject to such finanecial adjustments as may be agreed upon between the ; L State of Goa and the Union, or in default of such : agreement, as the Central Government may, by order, direct. हर 47. L'wb@lity as guarantor of coopérative socielies. —?Vhe}-e, immediately before the appointed day, the .. \ {pion in comnection with the govermance of the (9) any liability in respect of expenses incurred - SERIES I No. 15 existing Union territory is lable as guarantor in respect of any liability of a registered co-operative society or other person, that liability of the Union shall be a liability of the State of Goa — (@) if the area of the operations of such society or person is limited to the territories in the dis- trict of Goa of the existing Urnion territory, and (b} if the area of the operations of such society or person extends to the whole of the existing Union territory: Provided that in any such case as is referred (0 in clause {b), the initial allocation of liabilities under this section shall be subject to such financial adjust- ments as may be agreed upon between the State of Goa and the Unien or in default of such agreement, थक the Central Government may, by order, direct. 48. Items in suspensé. — If any item in suspense is ultimately found to affect an asset or liability of the nature referred to in any of the foregoing provisions of this Part, it shall be dealt with in accordance with that provision. : 49. Residuary provision.— The benefit or burden हाई any assets or lizbilities of the Union in connection with the governance of the existing Union territory not dealt with in the foregoing provisions of this Part shall be retained by the Union for the purposes of the governance of the Union territory of Daman and Diu. v 50. Apportionment of assets or Liabilitics by agrec- ment. — Where the tate of Goa and the Union agree that the benefit or burden of any particular asset or liability should be apportioned between them in a manmer other than’that provided for in the foregoing provisions of this Part, then, notwith- standing anything contained therein, the benefit or burden of that asset or liability shall be appor- tioned in the manner agreed upon. 3 r 51. Power of Central Government to order allocu- tion or edjustment in certain cuses, — Where, by virtue' of any of the provisions of this Part, the Union becomes entitled to any property or obtains any benefits or the State of Goa becomes subject to any liability, and the Central Government is of opinion on a reference made within a period of three years from the appointed day by the State of Goa that it is just and equitable that that property or those benefits should be transferred to, or shared with, the State of Goa or that a contribution towards that liability shouid be made by the Union the said property or benefits shall be allocated in such manner, or the Union shall make to the State of Goa such contribution in respect thereof, as the Central Government may, after consultation with the Government of the State of Goa by order, deter- mine. PART VII Provisions as to arrangements, corporations and inter-State agreements 52. Continuance of certain grrongements. — Where any arrangement in regard to the supply of electric power or the supply of water for any area in the districts of Daman and Diu of the existing Unicn territory or in regard to the execution of any project for such supply from an area inciuded in the State
STH JULY, 1987 (ASHADA 18, 1909) of Goa by the provisions of Part IT exists, such arrangement will be continued, uniess terminated by agreement, between the State of Goa and the Union in accordance with such terms and conditions “s may be mutually agreed upon by the State Govern- ment of Goa and the Union within a period .of one year from the appointed day, and, where no such agreeement is arrived at within such period, the Central Government may give such directions as it deems fit to that State Government or the authority concerned for the cortinuance, so far as is practi- cable, of the previous arrangement. 53. Provision as to co-operative banks. - Notwithstanding anything contained in section 22 of the Eanking Regula- tion Aect, 1949, where by virtue of the 10 of 1949, provisions of Part I a co-operative bank is newly formed on the appointed day or within three months thereof in the State of Goa or the Union territory of Daman and Diu, it may commence and conduct barking business without obtaining a licence uder that section from the Reserve Bank of India, until it is granted such a dicence or until it ig formed by the Reserve Bank of India that such a licence cannct be granted to it: Provided that such bank applies to the Reserve Bank of India for such g licence within a period of three months from the date of formation of the Bank. - 4. General provisions as to statutory corporations. — (1) Where any body jcorporate constituted under any Central Act State Act or Provineial Act .for the existing Union territory or any part thereof has, by virtue of the provisions of Part II, become an inter-State body corporate, then, the hody cor- porate shall, on and from the appointed day, continue to function and operate in thoge areas in respect of * which it was functioning and operating immediately before that Jay subject to such directions as rmay from time to time be issued by the Central Govern. ment until other provision is made by law ia res- pect of the said body corporate. (2} Any direction issued by the Central Govern- ment under sub-section (7) in respect of any such body corporate may include a direction that any law by which the said body corporate is governed shall, in its application to that body corporate, have effect, subject to such exceptions and modifications as may be specified in the direction, 55. Temporary provisions as to con- tinuance of certain exristing road trans- port permits. — (1) Notwithstanding anything contained in section 63 of the Motor Vehicles Act, 1938, 2 permit gran. ted in the existing Union territory shall, i such permit was immediately before the appointed day, walid and effective In any area therein, be deemed to con. * tinue te be valid and effective in that arca up to the 31st day of March, 1988, subject to the provisions of that Act as for the time being in force in that area and it shall not be necessary for any such permit to be tountersigned by any State or Regional Transport Authority for the 4 of 1939 ‘purpose of validating it for use in such ‘area: Provided that the Central Government may, after consultation with the State Government of Goa add to. amend or vary the conditions attached to the permit by the authority by which the permit was granted. : (दि) No toll, entrance fees .or other charges of = like nature shall be levied for'a period up to and inclusive of the 31st day of March, 1988, in respect of any transport vehicle for its operations in either the State of Goa or the Union territory of Daman and Diu under any such permit, if such vehicle was irimediately before that day .exempt frem the pay- ment of any such toll, entrance fees or other charges for its operations within the existing Union ter- ritory: : Provided that the Central Government may, after consultation with the State Government of Goa authorize the levy of any such toll, entrance fees or other charges, as the case may be. . 36. Special provision relating to re- irenchment compensation in certain cases. -— Where, by virtue of the provisions of Part I, any body corporate constituted under a Central Act, State Act or Provin- cial Act, any co-operative socisty registe- red under any law relating to co-operative societies or any commercial or industrial undertaking is reconstitiuted or reorgani- sed in any manner whatsoever or is amal- gamated with any other body corporate, cooperative society or undertaking, or is dissolved, and in consequence of such re- constitution, reorganisation, amalgama- tion or digssolution, any -workman em- ployed by such body corporate or any Such eo-operative society or undertaking, is transferred to, or re-employed by any other body corporate, or’in any” other co- operative society or undertaking, then, notwithstanding anything contained in section 25F, section 25FF or. section 25FFF, of the Industrial Disputes Act. 1947, such transfer or re-employment 14 of 1847 shall not entitle him to any compensa- ¢ tion under that section: Provided that — - 3.) the terms and conditions of service appli- cable to the workman after such transfer or re-em- ployment are not less favourable to the workman than those applicable to him immediately before the transfer or re-employment: and () the employer in relation to the body corporate, the co-operative society or the undertaking where the workman transferred or re-employed, is by agreement or otherwise, legally liable to pay to the workman, in the event of his retrenchment, compensa- tion under section '25F, section 25FF or section 25FFF of the Industrial Dig~ . Puies Act, 1947, on the basis that his 14 of 1847, service has been continuous and has not been interrupted by the transfer of re-employment,
172 57. Special provision a5 to incometo. __ Where the assets, rights and liabilitva.s of any body corporate carrying on busi- . pess sre, under the provisions of this Part, transferred to any other bodies corporate which after the transfer carry on the same business, the losses of profits or gains sustained by the body corporate first mentioned which, but for such transfer, would have been allowed to be carried forward and set off in accor- dance with the provisions.of Chapter VI of the Income-tax Act, 1961 shall be 43 of 1861, . apportioned, amongst the transferee : bodies corporate in accordance with the rules to be made by the Central Govern- ment in this behalf and, upon such appor- tionment, the share of loss allotted to each transferes body corporate shall be dealt with in accordance with the provi- sions of Chapter VI of the said Act as if the transferee body corporate had itself sustained such loss in a business carried on by it in the years in which these losses were sustained. . 8. Continuance of cristing facilities in centain ins- titutions. — On and from the appointed day, the Government of Goa shall, in respect of the technical institutions located in the State of Goa continue to provide facilities to the persons resident in the territories comprising the Union territory of Daman wnd Diu which shall not in any respect be less favou- rable than those which were being provided to them immediately before that day upon such terms and conditions (including those relating to any contri- Jution or payment to be made for the provisions of such facilities) as may be agreed upon between the State of Goasand the Union before the 1st day of April, 1988, or'if no such agreement is reached by the said date, as may be fixed by the order of the Central Government. PART VIII Provisions as to services 59. Provisions velating to All India Services. — () In this section, the expression “State Cadre"”, — N (a_) in relation to the Indian Administrative Service, has the meaning assigned to it in the गा Administrative Service (Cadre) Rules, T . (b) id Telation to the Indian Police Service, has the meaning assigned to it in the Indian Police Service (Cadre) Rules, 1954, and ’ . {c) in relation to the Indian Forest Service, has the meaning assigned to it in thé Indian Forest Service (Cadre} Rules, 1866. (2) The strength and composition of the State Cadre of Goa shall, on and from the appointed day, be such as is determined by the Central Government in consulation with the State Governinent. ' (3) The members of each of the said Services borne on the Union territories cadre immediately before the appointed day shall continue to be in the cadre of the same service of the Union territory in which they stand allocated before the appointed day. SERIES I No. 15 (4) Nothing in this section shall be de- emed to affect the operation, on or after the appointed day, of the All India Servi- ces Act, 1951, or the rwles made there- 61 of 1951 under, in relation to the State cadres of the said services and in relation to the members of those services borne ol the said cadres, 80. Provisions relating to other services. — (1) Every persou employed in connection with the af- fairs of the Union territory or the State of Goa and serving, imreediztely before the appointed day. in Lhe @istrict of Goa of the existing Union territory ghall, on and from that day,—, () continue to szrve in connection with the affairs of the State of Goa; and (b) be deemed to be provisionally allotted to serve in connectien with the affairs of the said %a-;—,‘- tate: . ¢ Provided that nothing in clause (b} shall apply to a person to whont the provisions of section 59 apply or to a persen on deputation from any State. (2) As soon as may be after the appointed day, the Central Government shall by general or special ¥ order, determiie whether every person referred to in eclause () of sub-section (I) shall be finally ‘al- lotted for scivice mn the State of Goa or under the Union in councction with the afaivs of the Union territory of Daman and Diu and ha date with efiec from which ol aliniment shall take effect or 06 eorind 1o e token cffcck, t 1 (3) Every person who is finally allotted under the provisions of sub-section (2) to the Siate of Goa. or tha Union shall, if he is not already sexving therein or thagcundevr be made available for serving in thot State or under the Union fom such date as may be ogreed upon between the State of Goa जाते the Union or in defsult of such agresment, as may be determined by the Central Government. (1) As soon as may be after the Central Govarn- ment passes ovders finally allotting an employee in terms of sub-zection (2). the State of Goa or the Unjon shall take steps to integrate him into the services under its control in accordance with such special or generzl orders or instructons as may be issued by the Central Government from time to time in this behalf. (5) The Centiral Government may, by order esta- blish one or more Advisory Committees for the pur- pose of assisting it in regard to-— (@} the division of the services hetween the State of Goa and the Union; and (b). the ensuring of fzir and equitable treatment to a2il persons affected by the provisions of this saction and the proper consideration of any re- presentations made by such persons: Provided that notwithstanding anything to the contrary contained in any law or rule for the time being in force, no representation shall lie against any order passed by the competent authority on matters arising out of the division and integration of services under this Act, on the expiry of three months from the date of publication or service, whichever is earlier, of such order:
e s ¢ 7 A 9TH JULY, 1987 (ASHADA 18, 1909) Provided further that, notwithstanding anything contained in the preceding proviso, the Central Go. vernment may suo moto or otherwise and for reasons to be recorded, reopen any matter and pass such - orders thereon, ag may appear to it to be appropria_te if it is satisfied that it is necessary so to do, in order to prevent any miscarriage of justice to any affected employee. (6) Nothing in this section shall be deemed to affect, on or after the appointed day, the operation of the provisions of Chapter I of Part XIV of the Cons. titution in relation to the determination of the con- ditions of service of persons serving in connection with the affairs of the State of Goa or the Union: Provided that the conditions of service applicable immediately before the appointed day te the casc of any person referred to in sub-section ( 1) or sub- -szotion (2) shall not be varied to his disadvantage except with the previous approval एव the Central Go- vernment. (7) All service prior to the appointed day rendered by a person allotted under sub-section (Z) in connec- tion with the affairs of the existing Union territory shall for purposes of the rules regarding his condi- tions of service, be deemed to have been rendered in connection with the affairs of the State or the Union to which he is finally allotted. (8) The provisions of this section other than clause (¢) of sub-section पे shall not apply in rela- tion to any person to whom the provisions of section 59 apply. 61. Provisions as to continuance of officers in the Same posts. — Every person-who immediately before the appointed day is holding or discharging the du- ties of any post, or office in connection with the affairs of the existing Union territory shall continue to hold the same post or office and shall be deemed, on and from that day, to have.been duly appointed on the same terms and conditions of appointment and on the same tenure to that post or office by the Government of, or the other appropriate authority, 11':3 the State of Goa or of the Union, as the case may Provided that hothing in this section shall be deemed to prevent a competent authority, on or after the appointed day, from passing in relation to such person any order affecting his continuance in such post or office. 62. Powers of Central Government to give direc- tions. — The Central Government may give such di- rection to the State Government as may appear to it to be necessary for the purpose of giving effect to the foregoing provisions of this Part and the said Governrment shall comply with such directions. - PART IX Legal and mizcellancous provisions 63. dmendment of certain articles. the appointed day, — (a) in article 81, in clause (1), in sub-clause (@), for the words “five kundred and twenty-five members”, the words “five hundred and thirty members” shail be sybstituted ; — On and from 173 (b} in articla 210, in-clause (2),’in the second proviso, for the words “Arunachal Pradesh and Mizoram”, the words “Arunachal Pradesh, Goa and Mizoram" shall be substituted; {¢) in article 2394 in clause (1), for the words “for any of the Union territories of Goa, Daman and Diu and Pondicherry”, the words “for the Union territory of Pondicherry" shall be .subs- tituted: (d) in article 239B, in clause (1), for the words, brackets, figures and fetter “a Union territory referred to in clause (1) of article 2394, the words “the Union territory of Pondicherry"” shall be substituted: : (6) in article 240, in clause (1), — (i} for entry (d}, the following eniry shall be substituted namely: — “{d) Daman and Diu;"; {#) m the provisos, for the words "Goa, Da- man and Diu or Pondicherry”, the word “Pondi- cherry” shall be substituted. 4. Amendment of Aci 37 of 1956. — On and from the appointed day, in section 15 of the 3tates Re- organisation Act, 1956, for clause {d), the following clause shall be substituted, namely: .— “{d) the Western Zone, comprising the States of Goa, Gujarat and Maharashirs and the Union . territories of Dadra and Nagar Haveli and Daman and Diu: and™, 63. Amendment of Act 20.0f 1963, — On and from the appointed day, in the Government of Union ter- ritories Act, 1963, — {u} throughout the Act, for the words "2 Union territory", “any Union territory” or “every Union territory”, wherever they occur, the words “the Union territory” shall be substituted: r (&) in section 2. in sub-section (1), the following clause shal namely: — (1), for clause be substituted, _ (कि) “Union territory” ritory of Pondicherry.’: means<the Union ter- (दि) in section 3, —. {i} for sub-section (4), the following sub- -section shall be substituted, namely: — . “(4) Beats shall be reserved for the Sche- duled Castes in the Legislative Assembly of the Union territory.”: (i) for su'b-sect.ion {6), the following sub- -section shall' be substituted, namely: — “(6) Notwithstanding anything in sub-sec- tion {4}, the reservation of seats for the Sche- duled Castes in the Legislative Assembiy of the Union territory shall cease to have effect on the same date on which the reservation of seats for the Scheduled Castes in the House of the People shall cease to have effect undor” article 334:
174 . Provided that nothing in this sub-section shall affect any representation in the Legis- lative Aséembly of the Union territory until the dissolution of the then existing Assem- bly.". ; 66. Territorial extent of laws. — The provisions of . Part II shall not be deemed to have effected any change in the territories to which any law in force imnmediately before the appointed day extends or applies, and the termtorial references in any such law to the existing Union territory shall, until other- wise provided by a competent Legislature or other competent authority, be construed as meaning the territories within the existing Union territory before the zppointed day. r/ 67. Power to adapt laws. — For the purpose of fa- cilitating the application in relation to the State of " | Goa or the Union territory of Daman and Diu of . | any law made before the appointed day, the appro- | priate Government may, within two years from that ;1 day, by order, make such adaptations and modifica- | _ tions of the law, whether by way of repeal or amend- f ment, as may be negessary or expedient and there- A ही 0४ upon every such law shail have effect subject to the adaptations and modifications so made until altered, repealed or amended by a competent Legislature or other competent authority. Explanation. —In this section, the expression “appropriate Government” means, as respects any law relating to a matter enumeérated in the Union .List in the Seventh Schedule to the Constitution, the Central Government, and as respects any otber law, (i)} in its application to the State of Goa, the -State Government, and {i1) in its application to the Uunion territory of Damazn and Diu, the Central Government. 68. Power to construe lows. — Notwithstanding that no provision or insufficient provision has been made under section 67 for the adaptation of a law made before the appointed day, any court, tribunal or authority required or empowered to enforce such law may, for the purpose of facilitating its applica- tion in relation to the State of Goa, or the Union territory of Daman and Diu construe the Jaw in such manner not affecting the substance as may be neces- sary or proper in regard to the matter before the court, tribunal or authority, as the case may be. . 69. Provisions as to conlinuance of courts, etc. — All courts and tribunals and all authorities dis- charging lawful functions throughout the existing Union territory or apy part thereof immediately be- fore the appointed day shall unless their continuance is inconsistent with the provisions of this Act or until other provision is made by a competent Legis- iature or other competent authority, continue to . exercise their respective functions. ' 70. Effect of provisions of Act inconsistent with other lows. — The provisions of this Act shall have effect notwithstanding anything inconsistent there- with contained in any other law. गए. Power to remove difficulties.— (I} If any difficulty arises in giving effect to the provisions of - a के. लि SERIES I No. 15 this Act, the President may, by order, do anything not inconsistent with such provisions which appears to him to be necessary or expedient for the purpose of removing: the difficulty: Provided that no such order shall be made after the expiry of three years from the appointed day. (2) Every order made under this section shall be laid before each House of Parliament. 79. Power to make rules.— (1) The Central Go- vérnment may, by notification, make rules to give effect to the provisioms of this Act. (2) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may. be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the casp may be: so, however, that any such modification. or annulment shall be without prejudice to the validity of anything previously done under that rule, THE FIRST SCHEDULE [See Section 19(a)] PART T » Amendments -to the Coenstitution {Scheduled Castes) Crder, 1950 In "the Constitution (ScheduledA Castes) Order, 1950 — . (1) in paragraph 2. for the figures YXXIT, the figures “>CXII" shall be substituted; (2) in the Schedule, aftér Part XXI, the follow- ing Part shall be inserted, namely: — “PART XXII— GOA i. Bhangi (Hadi) 2. Chambhar 3. Mahar 4, Mahyavanszhi (Vankar) 5. Mang.". PART II Amendments o the Constitution {Scheduled Castes) [Union Territories) Order, 1951 territories} Order, 1951, — . (1) in paragraph 2, for the words and figures “Parts I and XI", the words and figures “Parts I to TI" shall be substituted; (2) for paragraph 4, the following paragraph shall be substituted: namely: — - "4 Any reference ip this Order to a Union territory in Part I of the Schedule shall be construed as a reference to the territory cons-
9TH JULY, 1987 (ASHADA 18, 190%) tituted as a Union territory as from the first dey of November, 1956, any reference to a Union territory in Part वा of the Schedule shall be construed as a reference to the territory constituted as a Union territory as from the first day of November, 1966 and any reference to a Union territory in Part I of the Schedule shall be construed as a reference to the territory constituted as- a' Union territory as from the day appointed under clause (b) of section 2 of the Goa, Daman and Diu Reorganisation Act, 1987.". . Part shall be inserted, namely: — : “PART LI — DAMAN AND DEJ - " Throughout the Union territory: — . Bhangi (Hadi) - . Charbhar Mahar Ma.hyava.nsfi[i (Vankar) - T ये एवं तक सं . i3 Mang."”. THE SECOND SCHEDULE [See Section 19(b}] * 2 PART I >t Amendmentfs to the Constitution (Scheduled Tribes) Order, 1950 In the Constitution (Scheduled Tribes) Order, 1950, — shall be su?\)stituted; , s (2) in the Schedule, after Part XVHI, the following Part shall be inserted, namely: — “PART XIX — GOA . Dhedia . Dubla (Halpati) Naikda (Talavia) . Siddi (Nayaka) . Varli.”. oo e पे पड़े PART II Amendments to the Constitution (Scheduled Tribes) (Union Territories) Ordor, 1951 In the Constitution (Scheduled Tribes) (Union Territories) Order, 1951, — (1) in paragraph 2, for the word and figure “Part 1", the words and figures “Parts I and 1" shall be substituted; (2) in paragraph 3, the words, figures and brackets “and any reference to- a Union territory in Part I of the Schedule shall be construed as 2 reference to the territory constituted as a Union texritory as from the day appointed under clause | (b} of section 2 of the Goa, Daman and Diu Re- organisation Act, 1987 shall be added at the end; 175 (8) in the Schedule, after Part I, the following Part shall be inserted, namely: — . “PART n;DAm,AND DIU . गा " L Throughout the TUnion territory: — “Dhodia Dubla (Halpati) Nai!cda (Talavia) Siddi (Nayaka). Varli.”. o ed g Notification " LD/1/87-LAE. The Daman and Diu (Administration) Regulation, 1987 which has been promulgated by the President of India and published in the Gazette of India, Extraordinary, Part I, Section 1. dated 29th May, 1987 is hereby republished for general information of the public, P.V. Kadfiekar, Under Secretary (Drafting). Panaji, 24th June, 1987. MINISTRY OF LAW AND JUSTICE (Legislatiye Dep?rtmant) New Delhi, the 29th May, 1987/Jyaistha 8, 1909 (Saka) The Daman and Diu (Administration} Regulation, 1987° No. 2 of 1987 o Promulgated by the President in the Thirty-eighth® Year of the Republic of India. A Regulation ६0 make provisions for the adminis- tration of the Union territory of Daman and Diu _ and for matters connected therewith. In exercise of the powers conferred by article 240 of the Constitution, the President ig pleased to pro- mulgate the following Regulation made by him:— CHAFTER I * Prelimirary 1. Short title, extent and commencement. —. (1) This Regulation may be called the Daman and Diu {Administration) Regulation, 1987, (2} It extends to the whole of the Union territory of Daman and Diu (3) It shall come into force on such date as the Central Government may, by -notification in the Official Gazette, appoint, Regulation, unless the context. otherwise requires,— : (@) “Administrator” means the Administrator of the Union Territory of Daman and Diu ap- pointed by the President under: article 239 of the Constitution ; (6) “Chairman” shall have the same meaning as assigned to it in the Goa,
दी . Daman and Diu Village Paochayats N '-Regulai‘_ion, 1962; . 9 of 1962. . f % " (¢) “panchayat” means a panchayat a } " dstablished under section 3 of the Gos, ,Daman and Diu Village Panchayats Regulation, 1962; ) (d) “Pradesh Council” roesus the Pradesh Co- ला constituted under section 3; 9 of 1962. (&Y “tInion territory” means the Union territory of Daman and Diu. . CHAPTER LI Pradesh Couneil 3. Constitution of Pradesh Council and its com- position. — (I} As S00R a5 may be after the com- . mencement of this Regulation, there shall be cons- tituted a Pradesh Council for the Union territory consisting of— {a) the Administrator; (9) the member of the House of the People representing the Union territory; (¢) Collector of Daman district; {d) Collector of Piu district: {e) presidents of the Municipal Councils - for Daman district and Diu district Goa, Daman constituted uunder the Goa, Daman and amd Diu Act Diu Munieipalities Act, 1968; 7 फ 19698, (f) chairman of panchayats of Daman district ~and Diu distriet, (व) एप person from Daman district belonging to any of the Scheduled Tribes to be nominated by the Administrator if no person from that dis- trict belonging tb any Scheduled Tribe becomes a member of the Pradesh Council under any of the foregoing clauses; . (h) one woman to be nominated by the Admi- mistrator if no woman becomes a member of the Pradesh Council under any of the foregoing clauses,; : . (i) members of the Legislative Asgsembly of the Union territory. of Goa, Daman and Diu repre- senting Daman and Diu immediately before the - 30th day of May, 1987. (2) Any member referred to in clause (a) to (f} of sub-section (1) shall cease to be such member when he ceases to hold the office by virtue of which he became such mersber and the members referred to in clause (i) of that sub-section shall cease to bé such members on the expiry of the term of the first Pradesh Council. ' 4. Disqualifications for membership of Pradesh Council. — Ay person shall be disqualified for being mominated as, and for being, a member of the Pradesh Coun- eil if he has incurred or incurs any of फिट disqualifications specified in section 11 of the Goa, Daman and Diun Village Pan- chayats Regulation, 1962: 9 of 1962. Provided that a person shall mot be* disqualified under this section merely on the ground of his holding the office by virtue of which- he becomes, or has been nominated as, such member. SERIES I No. 15 5. Duration of Pradesh Council. —— The Pradesh Council, unless sooner dissolved, shall continue for four years from the date appointed for its first meeting and no longer, and the expiration of the said period of four years shall operate as a dissolu- tion of the Pradesh Council: Provided that the Administrator may, with the previous approval of. the -President, by order in writing, extend the said period by a period or periods not exceeding one year in the aggregate, and every such order shall be notified in the Gazette of India. 6. Resignation of membership ond filling up of sasuol vecancies. — (I} A member of the Pradesh Council referred to in clause (g) or clause (h) or clause (i) of sub-sectign (1) of section 3 may resign hig office as such member by intimating in writing his intention to do so to the Administrator and such resignation shall take effect from the date of its receipt by the Administrator. (2) A casual vacancy in the membership of the Pradesh Council under clause (g) or clause (h) of sub-section (1) of section 3 shall be filled by nomi- nation in accordance with the provisions of this Regulation: Provided that a member nominated under this. sub-section shall hold office only for the remainder of the term of office of the member in whose place ha is nominated. * " 7. Cuth or affirmation by members of the Pradesh Council. — Bvery member (other than the Adminis- trator) of the Pradesh Council shali, before taking his seat, make and subgcribe ‘before the Adminis- trator or some person appointed in that behalf by him, and the Administrator shall, before taking his _seat, make and subscribe before some person ap- pointed in that behalf by the Central CGovernment, anh oath or affirmation according to the form set out for the purpose in the First Schedule.. 8. Vacancies, etc. not to invalidate acts or proceed- ings of Pradesh Council. — No act or proceeding of the Pradesh Council shall be invalid by reason only of the existence of any vacancy among its members or of any defect in the constitution thereof. 9. Sessions of Pradesh Council. — (1) The Admi- nistrator shall, from time to time, summon Pradesh Council to mest at such time and place as he thinks fit., but six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session. (2) The Administrator may, from time to time,— (a) prorogue the Pradesh Council: the Pradesh Council. : : 10. Functions of Pradesk Council. — (1) The Pra- desh Council may discuss and make recommenda- tions to the Administrator oo— “ , (a) matters of administration, relating tc the Union territory, involving general questions of policy and schemes of development in so far as they relate to matters enumerated in the State List or in the Covcurrent List in the Seventh Schedule to the Constitution;
oTH JULY, 1987 (ASHADA 18, 1903) (b) the five-year plans and annual plan propo- sals for the development of the Union texritory; {(c) the estimated receipts and expenditure per- taining to the Union territory to be credited to, and to be met from, the Consolidated Fund of India; (d) proposals for undertaking legislation for the Uniop territory with respect to any of the matters eoumerated in the State List or in the Copcurrent List in the Seventh Schedule to the . Constitution: ’ (¢) any other matter which the Administrator may refer to the Pradesh Council for consideration and advice. , (2}, Subject to rules, regulating the procedure of the Pradesh Council and subject to the discretion of the Administrator to refuse to give information or to allow dicussion on any subject in the public interest, every mermber of the Pradesh Council shali have the right to ask q})estions on matters of public interest enumerated in the State List or in the “Coneurrent List in the Seventh Schedule to the Cons titution in so far as such matters relate to the Union territory. 11. Administrator to preside at meetings of Pra- desh Council. — (1) The ‘Administrator shall preside at the meetings of the Pradesh Council. (2) During the absence of the Administrator from any meeting of the Pradesh Council, such person as the Administrator may designate from a panel prepared by him from amongst the members of the Pradesh Council shall preside at such meeting. 12. Powers and privileges of members of the Pra- desh Coungil.— (1) Subject to the provisions of this Regulation and to the rules and standing orders re- eulating the ‘procedure of the Pradesh Councillthere shall be freedom of speech in the Pradesh Council. (2) Neither the Administrator nor any other mem- her of the Pradesh Council shall be liakle to any proceedings in any court in respect of anything said in the Pradesh Council or any committee thereof and no person shall be so lable in respect of publi- cation by or under the authority of the Pradesh Council of any reports, papers or proceedings. 13. Salary and allowances of members of the Pro-~ desh Couneil. — Every member of the Pradesh Co- uncil, other than the members referred to In clause (a), clause (c), and clause (d) of sub-section (1) of section 3, shall be entitled to receive such salary or allowances or both as the Administrator may, with the approval of the President, by order, deter- mine. . 14. Rules of procedure. — (1) The Pradesh Ceouneil mey make rules and standing orders for regulating, subject to the provisions of this Regulation, its pro- codure and the onduct of its business. (2) Until any rules or standing orders are made under sub-section (1), the procedure of the Pradesh Council and the conduct of its business shall be re- gulated in accordance with such general or special orders as the Administrator may make. 15. Restriction on discussions in the Pradesh Co- wncil. — No. discussion shall take place in the Pra- लि _ 177 e desh Council with respect to the conduct of any Judge of the Supreme Court or of a High Court in the discharge of his duties. 16. Courts not to inquire into proceedings of Pra- desh Council. — (1) The validity of any proceedings in the Pradesh Council shall not be called in question on the ground of any alleged irregularity of pro- cedure: ' (2)- No member of the Pradesh Council in whom powers are vested by or under this Regulation for regulating the procedure or the conduct of business of, or for maintaining order in, the Council shall be subject to the jurisdiction of any court in respect of the exercise by him of those powers. CHAPTER TII Counsellors 17 Appointment of Counsellors, their term Of of fice, et¢. — (1) Subject to the provision of sub- -section (2), the Administrator may appoint two persons as Counseliors from amongst the merabers of the Pradesh Council as referred to in Clauses (e). to {i) of sub-section (1) or section 3; Provided that the first Couusellors appointed by the Administrator under this sub-section shall be the members referred to in clause (i) of sub-section (1) of section 3. 2) One of the Counsellors appointed under sub- .sectionn (I} shall be from Daman district and the other shall be from Din district. {3) A Counsellor shall hold office during the plea- sure of the Administrator. + (4) Before 2 Counsellor 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 Second Schedule (5) Every Counsellor shall be entitled to reccive such salary or allowances 07 both as the Administra- tor may, with the approval of the President, by order, determine. 18. Punctions of Counsellors. — (1) The Adminis- trator imay, from time to time, consult any Coun- sellor or Counsellors on any matter relating to the sdministration of the Union territory and any views xpressed by the Counselior or Counsellors on such matters shall be recommendatory in nature. (2} The Administrator shall follow such procedure for consulting the Counsellors as may be prescribed hy rules mide under this Regulation. CHAPTER IV Miscellancous 19. Powers to meake rules. — (1} The Administra- tor may, by notification in the Gazette of India, make rules to carry out the provisions. of this Regulation. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the procedure to he followed for consulting पा Counsellors under sub-section (2) of section
178 (¢} any other matter for which rules are, in re, - "the opinion of the Administrator, to be made’ under this Regulation. {3} Every rule made under this section shall be iaid, as soon as may be after it is made, before each House of Parliament, while it is in. session, for a total period of thirty days which may be comprised . in one.session or in two or more suctessive sessions, and if, befors the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modifi- cation in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule, THE FIRST SCHEDULE "(66 seetion 7) Form of Oath or Affirmation to be mads by a Momber ’ of tho Pradeth Couneil “I, A B, a member of the Pradesh Councit for the Union territory of Daman =2nd Diu, do swear in the name of God that I will bear true solemnly affirm " faith and allegiance to the Constitution of Indis, as by law established, that I will,uphold the sovereignty and integrity of India and that I will faithfully dis- charge the duty upor which I arn about to enter.”. sy T e et T W SERIES I No. 15 THE SECOND SCHEDULE [8ee section 17(4)] Form of cath of office for a Counsellor “I, A B, do swear in the name of God that I will ) solemnly affirm bear true faith amd allegiance to the Constitution of India as by law established, that I will uphold the " sovereignty and integrity of India, that I will faith- fully and conscientiously’ discharge my duties as a Counsellor to the Administrator of the Uion terri- tory of Daman and Diu ard that T will de right to all manner of people in accordance with the Cons- titution and the law, without fear or favour, affec- tion or ill-will.”. : . Form of oath of socrecy for-a ट०पाइल छा "I, A B, do swear in the pame of God that I will solemnly affirm not directly or indirectly communicate or reveal to ANy Person or persons any matter which shall be brought under my consideration or shall become known'to me as a Counsellor to the Administrator . of the Union territory of Daman and Diu except as may bz required for the due discharge of ray duties as such Counsellor.”, ZAIL SINGH, President. . C. RAMAN MENON, » -’ . . COVT. PRINTING PRESS — GOA ’ . . {Impravss Naslonal — Geoa) S - ! PRICE — Ko, 1-85 Ps, -