Goa, Daman and Diu Reorganisation Act, 1987- Sections 52 to 72

Part VII

PROVISIONS AS TO ARRANGEMENTS, CORPORATIONS AND INTER-STATE AGREEMENTS

52. Continuance of certain arrangements.

52. Continuance of certain arrangements.—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 Union Territory or in regard to the execution of any project for such supply from an area included in the State of Goa by the provisions of Part II exists, such arrangements will be continued, unless terminated by agreement, between the State of Goa and the Union in accordance with such terms and conditions as may be mutually agreed upon by the State Government of Goa and the Union within a period of one year from the appointed day, and, where no such agreement 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 continuance, so far as is practicable, of the previous arrangement.

53. Provision as to co-operative banks.

53. Provision as to co-operative banks.—Notwithstanding anything contained in Section 22 of the Banking Regulation Act, 1949 (10 of 1949), where by virtue of the provisions of Part II, 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 banking business without obtaining a licence under that section from the Reserve Bank of India, until it is granted such a licence or until it is informed by the Reserved Bank of India that such a licence cannot be granted to it:

Provided that such bank applies to the Reserve Bank of India for such a licence within a period of three months from the date of formation of the Bank.

54. General provisions as to statutory corporations.

54. General provisions as to statutory corporations.—(1) Where any body corporate constituted under any Central Act, State Act or Provincial 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 body corporate shall, on and from the appointed day, continue to function and operate in those areas in respect of which it was functioning and operating immediately before that day, subject to such directions as may from time to time be issued by the Central Government until other provision is made by law in respect of the said body corporate.

(2) Any direction issued by the Central Government under sub-section (1) 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 continuance of certain existing road transport permits.

55. Temporary provisions as to continuance of certain existing road transport permits.—(1) Notwithstanding anything contained in Section 63 of the Motor Vehicles Act, 1939 (4 of 1939), a permit granted in the existing Union Territory shall, if such permit was immediately before the appointed day, valid and effective in any area therein, be deemed to continue to be valid and effective in that area 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 countersigned by any State or Regional Transport Authority for the 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.

(2) No toll, entrance fees or other charges of a 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 immediately before that day exempt from the payment of any such toll, entrance fees or other charges for its operations within the existing Union Territory:

Provided that the Central Government may, after consultation with the State Government of Goa authorise the levy of any such toll, entrance fees or other charges, as the case may be.

56. Special provision relating to retrenchment compensation in certain cases.

56. Special provision relating to retrenchment compensation in certain cases.—Where, by virtue of the provision of Part II, any body corporate constituted under a Central Act, State Act or Provincial Act, any co-operative society registered under any law relating to co-operative societies or any commercial or industrial undertaking is reconstituted or reorganised in any manner whatsoever or is amalgamated with any other body corporate, co-operative society or undertaking, or is dissolved, and in consequence of such reconstitution, reorganisation, amalgamation or dissolution any workman employed by such body corporate or any such co-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 25-F, Section 25-FF or Section 25-FFF, of the Industrial Disputes Act, 1947 (14 of 1947), such transfer or re-employment shall not entitle him to any compensation under that section:

Provided that—

(a) the terms and conditions of service applicable to the workman after such transfer or re-employment are not less favourable to the workman than those applicable to him immediately before the transfer or re-employment; and

(b) 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, compensation under Section 25-F, Section 25-FF or Section 25-FFF of the Industrial Disputes Act, 1947 (14 of 1947), on the basis that his service has been continuous and has not been interrupted by the transfer or re-employment.

57. Special provision as to income-tax.

57. Special provision as to income-tax.—Where the assets, rights and liabilities of any body corporate carrying on business are, 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 froward and set off in accordance with the provisions of Chapter VI of the Income-tax Act, 1961 (43 of 1961) shall be apportioned amongst the transferee bodies corporate in accordance with the rules to be made by the Central Government in this behalf and, upon such apportionment, the share of loss allotted to each transferee body corporate shall be dealt with in accordance with the provisions 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.

58. Continuance of existing facilities in certain institutions.

58. Continuance of existing facilities in certain institutions.—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 to provide facilities to the persons resident in the territories comprising the Union Territory of Daman and Diu which shall not in any respect be less favourable than those which were being provided to them immediately before that day upon such terms and conditions (including those relating to any contribution or payment to be made for the provisions of such facilities) as may be agreed upon between the State of Goa and 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 relating to All India Services.

59. Provisions relating to All India Services.—(1) In this section, the expression “State Cadre”,—

(a) in relation to the Indian Administrative Service, has the meaning assigned to it in the Indian Administrative Service (Cadre) Rules, 1954;

(b) in relation 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 the Indian Forest Service (Cadre) Rules, 1966.

(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 consultation with the State Government.

(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.

(4) Nothing in this section shall be deemed to affect the operation, on or after the appointed day, of the All India Services Act, 1951 (61 of 1951), or the rules made thereunder, in relation to the State cadres of the said services and in relation to the members of those services borne on the said cadres.

60. Provisions relating to other services.

60. Provisions relating to other services.—(1) Every person employed in connection with the affairs of the Union Territory or the State of Goa and serving, immediately before the appointed day, in the district of Goa of the existing Union Territory shall, on and from that day,—

(a) continue to serve in connection with the affairs of the State of Goa; and

(b) be deemed to be provisionally allotted to serve in connection with the affairs of the said State:

Provided that nothing in clause (b) shall apply to a person to whom the provisions of Section 59 apply or to a person on deputation from any State.

(2) As soon as may be after the appointed day, the Central Government shall by general or special order, determine whether every person referred to in clause (b) of sub-section (1) shall be finally allotted for service in the State of Goa or under the Union in connection with the affairs of the Union Territory of Daman and Diu and the date with effect from which such allotment shall take effect or be deemed to have taken effect.

(3) Every person who is finally allotted under the provisions of sub-section (2) to the State of Goa or the Union shall, if he is not already serving therein or thereunder be made available for serving in that State or under the Union from such date as may be agreed upon between the State of Goa and the Union or in default of such agreement, as may be determined by the Central Government.

(4) As soon as may be after the Central Government passes orders finally allotting an employee in terms of sub-section (2), the State of Goa or the Union shall take steps to integrate him into the services under its control in accordance with such special or general orders or instructions as may be issued by the Central Government from time to time in this behalf.

(5) The Central Government may, by order establish one or more Advisory Committees for the purpose of assisting it in regard to—

(a) the division of the services between the State of Goa and the Union; and

(b) the ensuring of fair and equitable treatment to all persons affected by the provisions of this section and the proper consideration of any representations 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:

Provided further that, notwithstanding anything contained in the preceding proviso, the Central Government may suo moto or otherwise and for reasons to be recorded, reopen any matter and pass such orders thereon, as may appear to it to be appropriate 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 Constitution in relation to the determination of the conditions 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 to the case of any person referred to in sub-section (1) or sub-section (2) shall not be varied to his disadvantage except with the previous approval of the Central Government.

(7) All service prior to the appointed day rendered by a person allotted under sub-section (2) in connection with the affairs of the existing Union Territory shall for purposes of the rules regarding his conditions 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 (a) of sub-section (1) shall not apply in relation to any person to whom the provisions of Section 59 apply.

61. Provisions as to continuance of officers in the same posts.

61. Provisions as to continuance of officers in the same posts.—Every person who immediately before the appointed day is holding or discharging the duties 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 he Government of, or the other appropriate authority, in the State of Goa or of the Union, as the case may be:

Provided that nothing 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 directions.

62. Powers of Central Government to give directions.—The Central Government may give such directions 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 Government shall comply with such directions.

Part IX

LEGAL AND MISCELLANEOUS PROVISIONS

63. Amendment of certain articles.

63. Amendment of certain articles.— [i][Repealed]

64. Amendment of Act 37 of 1956.

64. Amendment of Act 37 of 1956.— [ii][Repealed]

65. Amendment of Act 20 of 1963.

65. Amendment of Act 20 of 1963.— [iii][Repealed]

66. Territorial extent of laws.

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 immediately before the appointed day extends or applies, and the territorial references in any such law to the existing Union Territory shall, until otherwise provided by a competent Legislature or other competent authority, be construed as meaning the territories within the existing Union Territory before the appointed day.

67. Power to adapt laws.

67. Power to adapt laws.—For the purpose of facilitating 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 appropriate Government may, within two years from that day, by order, make such adaptations and modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient and thereupon every such law shall have effect subject to the adaptations and modification 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 enumerated in the Union List in the Seventh Schedule to the Constitution, the Central Government, and as respects any other law.

(i) in its application to the State of Goa, the State Government, and

(ii) in its application to the Union Territory of Daman and Diu, the Central Government.

68. Power to construe laws.

68. Power to construe laws.—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 application in relation to the State of Goa, or the Union Territory of Daman and Diu construe the law in such manner not affecting the substance as may be necessary or proper in regard to the matter before the court, tribunal or authority, as the case may be.

69. Provisions as to continuance of courts, etc.

69. Provisions as to continuance of courts, etc.—All courts and tribunals and all authorities discharging lawful functions throughout the existing Union Territory or any part thereof immediately before the appointed day shall unless their continuance is inconsistent with the provisions of this Act or until other provision is made by a competent Legislature or other competent authority, continue to exercise their respective functions.

70. Effect of provisions of Act inconsistent with other laws.

70. Effect of provisions of Act inconsistent with other laws.—The provisions of this Act shall have notwithstanding anything inconsistent therewith contained in any other law.

71. Power to remove difficulties.

71. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of 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.

72. Power to make rules.

72. Power to make rules.—The Central Government may, by notification, make rules to give effect to the provisions 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 session, 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 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

[iv][Repealed]

[v][Repealed]

References

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