Goa, Daman and Diu Reorganisation Act, 1987

For the reorganisation of the Union Territory of Goa, Daman and Diu.

Goa, Daman and Diu Reorganisation Act, 1987

Act No. 18 of 1987

[23rd May, 1987]

An Act to provide for the reorganisation of the Union Territory of Goa, Daman and Diu and for matters connected therewith

Be it enacted by Parliament in the Thirty-eight Year of the Republic of India as follows:—

Part I

PRELIMINARY

1. Short title.

1. Short title.—This Act may be called the Goa, Daman and Diu Reorganisation Act, 1987.

2. Definitions.

2. Definitions.—In this Act, unless the context otherwise requires,—

(a) “Administrator” means the administrator appointed by the President under Article 239;

(b) “appointed day”[i] means the day which the Central Government may, by notification, appoint;

(c) “article” means an article of the Constitution;

(d) “assembly constituency” and “parliamentary constituency” have the same meanings as in the Representation of the People Act, 1950 (45 of 1950);

(e) “Election Commission” means the Election Commission appointed by the President under Article 324;

(f) “existing Union Territory” means the Union Territory of Goa, Daman and Diu as existing immediately before the appointed day;

(g) “law” includes any enactment, ordinance, regulation, order, bye-law, rule, scheme, notification or other instrument having immediately before the appointed day, the force of law in the whole or any part of the existing Union Territory;

(h) “notification” means a notification published in the Official Gazette;

(i) “population ratio”, in relation to the State of Goa 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 Union Territory, means a person who, immediately before the appointed day, is a member of that House or that Assembly;

(k) “treasury” includes a sub-treasury.

Part II

REORGANISATION OF THE UNION TERRITORY OF GOA, DAMAN AND DIU

3. Formation of State of Goa.

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 Goa comprising the territories which immediately before that day were comprised in the Goa district of the existing Union Territory.

4. Formation of Union Territory of Daman and Diu.

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 existing Union Territory.

5. Amendment of the First Schedule to the Constitution.

5. Amendment of the First Schedule to the Constitution.—[ii][Repealed]

Part III

REPRESENTATION IN THE LEGISLATURES

The Council of States

6. Amendment of the Fourth Schedule to the Constitution.

6. Amendment of the Fourth Schedule to the Constitution.—[iii][Repealed]

7. Election to fill the seat allotted to the State of Goa.

7. Election to fill the seat allotted to the State of Goa.—As soon as may be after the 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

8. Allocation of seats in the House of the People.

8. Allocation of seats in the House of the People.—On and from the appointed day, there shall be allotted two seats to the State of Goa, and one seat to the Union Territory of Daman and Diu in the House of the People and the First Schedule to the Representation of the People Act, 1950 (43 of 1950) shall be deemed to be amended accordingly.

9. Parliamentary constituency of the Union Territory of Daman and Diu.

9. Parliamentary constituency of the Union Territory of Daman and Diu.—The whole of the Union Territory of Daman and Diu shall form one parliamentary constituency to be called the Daman and Diu parliamentary constituency and as soon as may be after the appointed day, election shall be held to the House of the People to elect a representative from that constituency, as if the seat of the member elected to the House of the People from that constituency has become vacant and the provisions of Section 149 of the Representation of the People, Act, 1951 (43 of 1951) shall, so far as may be, apply in relation to such election.

10. Parliamentary constituencies.

10. Parliamentary constituencies.—On and from the appointed day,—

(a) the Panaji parliamentary constituency, excluding the Daman and Diu assembly constituencies, and the Mormugao parliamentary constituency in the existing Union Territory shall be deemed to be the parliamentary constituencies of the State of Goa and accordingly, in Part A of Schedule XXVI to the Delimitation of Parliamentary and Assembly Constituencies Order, 1976, for the figures and words “12-Cumbarjua, 13-Santo Andre, 29-Daman and 30-Diu”, 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 deemed to comprise the parliamentary constituency of the Union Territory of Daman and Diu.

11. Provisions as to sitting members.

11. Provisions as to sitting members.—(1) The siting member of the House of the People representing 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 duly elected to that House by that constituency as to altered.

(2) The sitting member of the House of the People representation the Mormugao parliamentary constituency which, on the appointed day, by virtue of the provisions of clause (a) of Section 10 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 in that State.

The Legislative Assembly

12. Provisions as to Legislative Assembly.

12. Provisions as to Legislative Assembly.—On and from the appointed day, the total number of seats in the Legislative Assembly of the State of Goa to be filled by person, chosen by direct election from assembly constituencies shall be forty and the Second Schedule to the Representation of the People Act, 1950 (43 of 1950), shall be deemed to be amended accordingly.

13. Provisional Legislative Assembly.

13. Provisional Legislative Assembly.—(1) Notwithstanding anything contained in this Act (including provisions relating to the strength of the Legislative Assembly of the State of Goa), on an from the appointed day and until the Legislative Assembly of that State has been duly constituted and summoned to meet for the first session, there shall be a provisional Legislative Assembly which shall consist of,—

(a) members elected by the territorial constituencies of the Legislative Assembly of the existing Union Territory, other than those members elected by the territorial constituencies of Daman and Diu; and

(b) members nominated to that Assembly.

(2) The period of five years referred to in clause (1) of Article 172 shall, in the case of provisional Legislative Assembly referred 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 Assembly constituted under this section is in existence,—

(a) it shall be deemed to be the Legislative Assembly of the State of Goa duly constituted under the Constitution and shall be competent to discharge all the functions of a Legislative Assembly of a State under the Constitution; and

(b) the members thereof, referred to in clause (a) of sub-section (1), shall be deemed top be the members of Legislative Assembly of the State of Goa duly elected under the Constitution.

14. Amendment of Delimitation Order.

14. Amendment of Delimitation Order.— [iv][Repealed]

15. Speaker of the provisional Legislative Assembly.

15. Speaker of the provisional Legislative Assembly.—The person who immediately before the appointed day is the Speaker of the Legislative Assembly of the existing Union Territory shall, on and from that day, be he Speaker of the provisional Legislative Assembly.

16. Rules of procedure.

16. Rules of procedure.—The rules of procedure and conduct of business of the Legislative Assembly of the existing Union Territory, as in force immediately before the appointed day shall, until rules are made under clause (1) of Article 208, be the rules of procedure and conduct of business of the provisional Legislative Assembly referred to in Section 13; subject to such modification and adaptations as may be made therein by the speaker thereof.

Delimitation of constituencies

17. Delimitation of constituencies.

17. Delimitation of constituencies.—(1) The Election Commission shall, in the manner herein provided, distribute, whether before or after the appointed day, the seats assigned to the Legislative Assembly of the State of Goa under Section 12 to single-member territorial constituencies and delimit them having regard to the provisions of the Constitution and to the following provisions, namely:—

(a) all constituencies shall, as far as practicable, be geographically compact areas, and in delimiting them regard shall be had to physical features, existing boundaries of administrative units, facilities of communication and convenience to the public; and

(b) constituencies in which seats are reserved for the Scheduled Castes and the Scheduled Tribes shall, as far as practicable, be located in areas where the proportion of their population to the total population is the largest.

(2) For the purpose of assisting it in the performance of its functions under sub-section (1), the Election Commission shall associate with itself as associate members,—

(a) the sitting members of the House of the People referred to in Section 11; and

(b) such six of the members of the Legislative Assembly of the existing Union Territory or, as the case may be, the provisional Legislative Assembly referred to in Section 13 as the Speaker thereof may nominate:

Provided that none of the associate members shall have a right to vote or to sign any decision of the Election Commission.

(3) If, owing to death or resignation, the office of an associate member falls vacant, it shall be filled if practicable, in accordance with the provisions of sub-section (2).

(4) The Election Commission shall—

(a) publish its proposals for the delimitation of constituencies together with the dissenting proposals, if any, of any associate member who desires publication thereof, in the Official Gazette and in such other manner as the Commission may consider fit together with a notice inviting objections and suggestions in relation to the proposals and specifying a date on or after which the proposals will be further considered by it;

(b) consider all objections and suggestions which may have been received by it before the date so specified;

(c) after considering all objections and suggestions which may have been received by it before the date so specified determine by one or more orders the delimitation of constituencies and cause such order or orders to be published in the Official Gazette; and upon such publication, the order or orders shall have the full force of law and shall not be called in question in any court.

(5) As soon as may be after such publication, every such order relating to assembly constituencies shall be laid before the Legislative Assembly of the existing Union Territory or, as the case may be, the provisional Legislative Assembly referred to in Section 13.

 

Other Contents of Goa, Daman and Diu Reorganisation Act, 1987

Sections 1 to 30 Sections 31 to 51 Sections 52 to 72

 

18. Power of Election Commission to maintain delimitation orders up-to-date.

18. Power of Election Commission to maintain delimitation orders up-to-date.—(1) The Election Commission may, from time to time, by notification in the Official Gazette,—

(a) correct any printing mistakes in any order made under Section 17 or any error arising therein from inadvertent slip or omission;

(b) where the boundaries or name of any territorial division mentioned in any such order are or is altered, make such amendments as appear to it to be necessary or expedient for bringing such order up-to-date.

(2) Every notification under this section relating to an assembly constituency shall be laid, as soon as may be after it is issued, before the Legislative Assembly of the existing Union Territory, the provisional Legislative Assembly referred to in Section 13 or the Legislative Assembly of the State of Goa, as the case may be.

19. Amendment of Scheduled Castes and Scheduled Tribes Orders.

19. Amendment of Scheduled Castes and Scheduled Tribes Orders.— [v][Repealed]

Part IV

HIGH COURT

20. Common High Court for Maharashtra, Goa, Dadra and Nagar Haveli and Daman and Diu.

20. Common High Court for Maharashtra, Goa, Dadra and Nagar Haveli and Daman and Diu.—(1) On and from the appointed day,—

(a) there shall be a common High Court for the States of Maharashtra and Goa, and for the Union Territories of Dadra and Nagar Haveli, and Daman and Diu, to be called the High Court of Bombay (hereinafter referred to as the common High Court);

(b) the Judges of the High Court of Bombay (hereinafter referred to as the existing High Court), holding 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 Union in such proportion as the President may, by order, determine.

(3) On and from the appointed day, the common 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 day, are exercisable in respect of those territories by the High Court of Bombay.

21. Provision as to advocates.

21. Provision as to advocates.—(1) On and from the appointed day,—

(a) in the Advocates Act, 1961 (25 of 1961), in Section 3, in sub-section (1), for clause (ccc), the following clause shall be substituted, namely:—

“(ccc) for the States of Maharashtra and Goa and the Union Territories of Dadra and Nagar Haveli and Daman and Diu, to be known as the Bar Council of Maharashtra and Goa;”;

(b) 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 appointed day, is an advocate entitled to practise in the existing High Court shall be entitled to practise as an advocate in the common High Court.

(3) All person who, immediately before the appointed day, are advocates on the roll of the Bar Council of Maharashtra, shall, as from that day, become advocates on the roll of the Bar Council of Maharashtra and Goa.

(4) 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 enrolment as advocates.

22. Practice and procedure in the common High court.

22. Practice and procedure in the common High court.—Subject to the provisions of this Part, the law in force immediately before the appointed day with respect to practice and 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.

23. Custody of seal of the common High Court.—The law in force immediately before the appointed day with respect to the custody of the seal of the existing High Court shall, with the necessary modifications, apply with respect to the custody of the seal of the common High Court.

24. Form of writs and other processes.

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 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 Judges.

25. Powers of Judges.—The law in force immediately before the appointed day with respect to the powers of the Chief Justice, single Judges and division courts of the existing High Court and with respect to all matters, ancillary to the exercise of those powers shall, with the necessary modification, apply in relation to the common High Court.

26. Principal seat and other places of sitting of the common High Court.

26. Principal seat and other places of sitting 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 the 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 benches 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 connected therewith:

Provided that before issuing any order under this sub-section, the President shall consult 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) or sub-section (2), the Judges and division 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 Administrator of the Union Territory concerned, appoint.

27. Procedure as to appeals to Supreme Court.

27. Procedure as to appeals to Supreme Court.—The law in force immediately before the appointed day relating to appeals to the Supreme Court from the existing High Court and the Judges and division courts thereof shall, with the necessary modifications, apply in relation to the common High Court.

28. Transfer of proceedings to the common High Court.

28. Transfer of proceedings to the common High Court.—(1) All 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-section (1) shall be disposed of by the common High Court as if such proceeding was entertained by that High Court.

29. Interpretation, etc.

29. Interpretation, etc.—(1) For the purposes of Section 28,—

(a) proceedings shall be deemed to be pending in a court until that court has disposed of all issues between the parties, including any issues with respect to the taxation of the costs of the proceedings and shall include appeals, application for leave to appeal to the Supreme Court, application for review, petitions for revision and petitions for writs; and

(b) references to a High Court shall be construed as including references to a Judge or division court thereof and references to an order made by a court or a Judge shall be construed as including reference to a sentence, judgment or decree passed or made by that court or Judge.

(2) Any person who, immediately before the appointed day, is an advocate entitled to practise in the existing High Court and was authorised to appear or to act in any proceedings transferred from the 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.

30. Saving.—Nothing in this Part shall affect the application to the common High Court of any provision 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 to that High Court by any Legislature or other authority having power to make such provision.

References

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