Regulations under article 240, 1987

Text

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REGISTERED No. D-(D)-72 The Gazette of India

EXTRAORDINARY

PART II—Section 1

PUBLISHED BY AUTHORITY

No. 27] NEW DELHI, FRIDAY, MAY 29, 1987/JYAISTHA 8, 1909(SAKA) Separate paging is given to this Part in order that it may be filed as a separate compilation

MINISTRY OF LAW AND JUSTICE

(Legislative Department) New Delhi, the 29th May, 1987/Jyaistha 8, 1909 (Saka)

THE DAMAN AND DIU (ADMINISTRATION) REGULATION,

No. 2 of 1987 Promulgated by the President in the Thirty-eighth* Year of the Republic of India.

A Regulation to make provisions for the administration 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 is pleased to promulgate the following Regulation made by him: —

CHAPTER I

Preliminary

1. (1) This Regulation may be called the Daman and Diu (Adminis- tration) 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.

Short title, extent and commence- ment.

2. In this Regulation, unless the context otherwise requires,—

(a) "Administrator" means the Administrator of the Union Terri- tory 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,

CHAPTER II

PRADESH COUNCIL

3. (I) As soon as may be after the commencement of this Regulation, there shall be constituted a Pradesh Council for the Union territory con- sisting of—

(a) the Administrator;

(b) the member of the House of the People representing the Union territory;

(c) Collector of Daman district;

(d) Collector of Diu district;

(e) presidents of the Municipal Councils for Daman district and Diu district constituted under the Goa, Daman and Diu Municipalities Act, 1968; (

(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 when 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.

Deani.

tions.

Constitution of Pradesh Council and Its composi- tion.

SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3

4. A 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.

5. 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.

6. (1) A member of the Pradesh Council referred to in clause (g) or clause (h) or clause (i) of sub-section (i) 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 (gf), 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.

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

8. No act or proceeding of the Pradesh Council shall be Invalid by reason only of the existence of any vacancy among its members o r of any defect in the constitution thereof-

9. (1) The Administrator shall, from time to timie, summon the Pradesh Council to meet at such time and place as he thinks fit, but six months shall hot intervene between its last sitting In one session and the date appointed for its first sitting In the next session. 9 of 1962.

Disquali- fications for mem- bership of Pradesh Council.

Duration of Pradesh Council.

Resig- nation of mem- bership and filling up of casual vacancies.

Oath or affirmation by mem- bers Of the Pra- desh Council.

Vacancies, etc. not to in- validate acts or proceedings of Pradesh Council.

Sessions of Pradesh Council.

4. THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

(2) The Administrator may, from time to time,—

(a) prorogue the Pradesh Council;

(b) with the approval of the President, dissolve the Pradesh Council.

10. (1) 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 Consoli- dated 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 in- formation or to allow discussion on any subject in the public interest, every member of the Pradesh Council shall have the right to ask ques- tions 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.

11. (1) The Administrator shall preside at the metetings 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, (I) 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 so liable in respect of publication by or under the autho- rity of the Pradesh Council of any reports, papers or proceedings,

13. 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, by order, determine.

Functions of Pradesh Council.

Adminis- trator to preside at meet- ings of Pradesh Council.

Powers and pri- vileges of mem- bers of the Pra- desh Council.

Salary and al- lowances of mem- bors of the Pradesh Council.

SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 5

14. (1) The Pradesh Council may make rides 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.

15. 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.

16. (I) The validity of any proceedings in the Pradesh Council shall not be called in question 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 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 III

COUNSELLORS

17. (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) to (i) of sub-section

(1) or section 3:

Provided that the first Counsellors appointed by the Administrator under this sub-section shall be the members referred to in clause (t) of sub-section (I) of section 3.

(2) One of the Counsellors appointed under sub-section (1) shall be from Daman district and the other shall be from Diu district,

(3) A Counsellor shall hold office during the pleasure of the Adminis- trator.

(4) Before a Counsellor enters upon his office, the Administator 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 may, with the approval of the President, by order, determine.

18. (1) The Administrator may, from time to time, consult any Coun- sellor or Counsellors on any matter relating to the administration of tht Union territory and any views expressed by the Counsellor or Counsellor: on such matters shall be recommendatory in nature.

(2) The Administrator shall follow such procedure for consulting tht Counsellors as may be prescribed by rules made under this Regulation Rules of proce- dure.

Restric- tion on discussions in the Pradesh Council.

Courts not to inquire into pro- ceedings of Pra- desh Council, Appoint- ment of Counsel- lors, their term of office, etc.

Functions of Coun- sellors.

CHAPTER IV

MISCELLANEOUS

19. (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.

THE FIRST SCHEDULE

(See section 7)

FORM OF OATH OR AFFIRMATION TO BE MADE BY A MEMBER OF THE PRADESH

COUNCIL

"I, A B, a member of the Pradesh Council for the Union territory of Daman and Diu, do swear in the name of God that I will bear true faith solemnly affirm and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and Integrity of India and that I will faithfully discharge the duty upon which I am about to enter.".

THE SECOND SCHEDULE

[See section 17(4)]

FORM OF OATH OF OFFICE FOR A COUNSELLOR

"I A B, do swear in the name of God that I will bear true faith and solemnly affirm allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India, that I will faithfully and conscientiously discharge my duties ag a Counsellor to the Administrator of the Union territory of Daman and Diu and that I will do right to all manner of people in accordance with the Constitution and the law, without fear or favour, affection or ill-will.".

Powers to make rules.

SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 7

FORM OF OATH OF SECRECY FOR A COUNSELLOR

"1, A B, do swear in the name of God that I will not directly or indi- solemnly affirm rectly 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 be required for the due discharge of my duties as such Counsellor.".

ZAIL SINGH,

President.

Additional Secy, to the Govt, of India, PRINTED BY THE MANAGER^ GOVERNMENT OF INDJA PREtiS, MINTO ROAD, NEW DELHI

AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DFL11I, 1987