The Daman and Diu (Administration) Regulation 1987

(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.

In this Act, unless the context otherwise requires,— (a) "Administrator" means the administrator 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 Constitution; (d) "assembly constituency" and "parliamentary constituency" have the same meanings as in the Representation of the People Act, 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 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. In this Regulation, unless the context otherwise requires,—(a) "Administrator" means the Administrator of the Union Territory of Daman and Diu appointed by the President under article 239 of the Constitution; (b) "Chairman" shall have the same meaning as assigned to it in the Goa, Daman and Diu Village Panchayats Regulation, 1962; (c) "panchayat" means a panchayat established under section 3 of the Goa, Daman and Diu Village Panchayats Regulation, 1962; (d) "Pradesh Council" means the Pradesh Council constituted under section 3; (e) "Union territory" means the Union territory of Daman and Diu.

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 Daman and Diu districts of the existing Union territory. (1) As soon as may be after the commencement of this Regulation, there shall be constituted a Pradesh Council for the Union territory consisting of—(a) the Administrator; (b) the member of the House of the People for Daman district and Diu district; (c) Collector of Daman district; (d) Collector of Diu district; (e) presidents of the Municipal Councils for Daman district and Diu district; (f) chairman of panchayats of Daman district and Diu district; (g) one person from Daman district belonging to any of the Scheduled Tribes to be nominated by the Administrator if no person from that district belonging to any Scheduled Tribe becomes a member of the Pradesh Council under any of the foregoing clauses; (h) one woman to be nominated by the Administrator if no woman becomes a member of the Pradesh Council under any of the foregoing clauses; (i) members of the Legislative Assembly of the Union territory of Goa, Daman and Diu representing 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 if he ceases to hold the office by virtue of which he became such member and the members referred to in clause (i) of that sub-section shall cease to be such members on the expiry of the term of the first Pradesh Council.

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. As person shall be disqualified for being nominated as, and for being, a member of the Pradesh Council if he has incurred or incurs any of the disqualifications specified in section 11 of the Goa, Daman and Diu Village Panchayats Regulation, 1962: Provided that a person shall not 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.

(a) 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 TERRITORIES" for entry 5, the following entry shall be substituted, namely:— "5. Daman and Diu. The territories specified in section 4 of the Goa, Daman and Diu Reorganisation Act, 1987." 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 dissolution 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.

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 .......... 1"; (c) for the figures "232", the figures "233" shall be substituted. (1) A member of the Pradesh Council referred to in clause (g) or clause (h) or clause (i) of sub-section (1) of section 3 may resign his 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 nomination 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 he is nominated.

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. Every member (other than the Administrator) of the Pradesh Council shall, before taking his seat, make and subscribe before some person appointed in that behalf by him, and the Administrator shall, before some person appointed in that behalf by the Central Government, seat, make and subscribe before some person appointed in that behalf by the Central Government, an oath or affirmation according to the forms set out for the purpose in the First Schedule.

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 to the House of the People and the First Schedule to the Representation of the People Act, 1950 shall be deemed to be amended accordingly. No act or proceeding of the Pradesh Council shall be invalid by reason only of the existence of any vacancy among its members or any defect in the constitution thereof.

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 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 shall, so far as may be, apply in relation to such election. (1) The Administrator shall, from time to time, summon Pradesh Council to meet 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; (b) with the approval of the President, dissolve the Pradesh Council.

On and from the appointed day, (a) the Panaji parliamentary constituency, including 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 comprised the parliamentary constituency of the Union territory of Daman and Diu. The Pradesh Council may discuss and make recommendations to the Administrator on— (a) matters of administration, relating to 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 Concurrent List in the Seventh Schedule to the Constitution; (b) the five-year plans and annual plan proposals for the development of the Union territory; (c) the estimated receipts and expenditure pertaining 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 Union territory with respect to any of the matters enumerated in the State List or in the Concurrent List in the Seventh Schedule to the Constitution; (e) 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 discussion on any subject in the public interest, every member of the Pradesh Council shall have the right to ask questions on matters of public interest enumerated in the State List or in the Concurrent List in the Seventh Schedule to the Constitution in so far as such matters relate to the Union territory.

(1) Provisions as to sitting members. (1) The sitting 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 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 so altered. (2) The sitting member of the House of the People representing 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 as so altered. (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, there shall preside at such meeting.

On and from the appointed day, the total number of seats in the Legislative Assembly of the State of Goa to be filled by persons chosen by direct election from assembly constituencies shall be forty and the Second Schedule to the Representation of the People Act, 1950 shall be deemed to be amended accordingly. (1) Subject to the provisions of this Regulation and to the rules and standing orders regulating the procedure of the Pradesh Council, there shall be freedom of speech in the Pradesh Council. (2) Neither the Administrator nor any other member of the Pradesh Council shall be liable to any proceedings in any court in respect of anything said in the Pradesh Council or any committee thereof and no person shall be liable in respect of publication by or under the authority of the Pradesh Council of any reports, papers or proceedings.

Every member of the Pradesh Council, 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, determine.

(1) The Pradesh Council may make rules and standing orders for regulating, subject to the provisions of this Regulation, its procedure and the conduct 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 regulated in accordance with such general or special orders as the Administrator may make.

No discussion shall take place in the Pradesh Council with respect to the conduct of any Judge of the Supreme Court or of a High Court in the discharge of his duties.

(1) The validity of any proceedings in the Pradesh Council shall not be called in question in any court on the ground of any alleged irregularity of procedure. (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, 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.

(1) Subject to the provision of sub-section (2), the Administrator may appoint two persons as Counsellors from amongst the members of the Pradesh Council as referred to in Clauses (c) [sic] to (i) of sub-section (1) of section 3; Provided that the first Counsellors appointed under sub-section (i) shall be from Daman district and the other shall be from Diu district. (3) A Counsellor shall hold office during the pleasure of the Administrator. (4) Before a 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 receive such salary or allowances or both as the Administrator, by order, determine.

(1) The Administrator may, from time to time, consult any Counsellor or Counsellors on any matter relating to the administration of the Union territory and any views expressed by the Counsellor 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 by rules made under this Regulation.

(1) The Administrator 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 be followed for consulting the Counsellors under sub-section (2) of section 18; (b) any other matter for which rules are, in the opinion of the Administrator, to be made under this Regulation. (3) 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 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.

(1) On and from the appointed day, (a) in the Advocates Act, 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 persons 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.

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.

Notwithstanding anything contained in section 22 of the Banking Regulation Act, 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 Reserve 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.

(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.

(1) Notwithstanding anything contained in section 63 of the Motor Vehicles Act, 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:

Where, by virtue of the provisions 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 another 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 co-operative society or undertaking, is transferred to, or re-employed by any other body corporate, or 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 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 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 25F or section 25FF of the Industrial Disputes Act, 1947, on the basis that his service has been continuous and has not been interrupted by the transfer or re-employment.

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 whether the transfer of assets and profits or gains sustained by the body corporate which has been transferred might, but for such transfer, would have been allowed to be carried forward and set off in accordance with the provisions of Chapter VI of the Income-tax Act, 1961 shall be apportioned, amongst the transferee body 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 serve 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.

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 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 or may be fixed by the order of the Central Government.

(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, 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.