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Goa, Daman and Diu (Administration) Act,1962

GOA, DAMAN AND DIU (ADMINISTRATION) ACT, 1962]

THE GOA, DAMAN AND DIU (ADMINISTRATION) ACT, 1962

 

NO.1 OF 1962

 

[27th March,1962]

 

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

Contents

1.Short title and Commencement

2.Definitions

3.Representation in the House of the People

4.Officers and functionaries in relation to Goa, Daman and Diu

5.Continuance of existing laws and their adaptation

6.Power to extent enactment to Goa, Daman and Diu

7.Extension of the jurisdiction of Bombay High Court to Goa, Daman and Diu

8.Power to construe laws

9.Validation of certain and indemnity of officers for certain acts

10.Power to remove difficulties

11.Repeal and saving

 

BE it enacted by Parliament in the Thirteenth Year of the Republic of India as follows:

1.Short title and Commencement

.- (1) This Act may be called the Goa, Daman and Diu (Administration) Act, 1962.

(2) It shall be deemed to have come into force on the 5th day of March, 1962.

2.Definitions

: In this Act, unless the context otherwise requires,

(a) “Administrator” means the Administrator of Goa, Daman and Diu appointed by the President under article 239 of the Constitution;

(b) “appointed day” means the twentieth day of December , 1961;

(c) “Goa, Daman and Diu” means the Union territory of Goa, Daman and Diu.

3.Representation in the House of the People

.-
(1) There shall be allotted two seats to the Union territory of Goa, Daman and Diu in the House of the People

(2) In the Representation of the People Act, 1950 (43 of 1950)

(a) in section 4, in subsection
(1), after the words “to Dadra and Nagar Haveli”, the words “to Goa, Daman and Diu” shall be inserted;

(b) in the First Schedule,

(i) after entry 22, the following entry shall be inserted namely:

                 “23.Goa, Daman and Diu…………………2″;

(ii) entries 23 and 24 shall be renumbered as entries 24 and 25 respectively.(131 M of      Law1)

(3) In the Representation of the People Act, 1951, in section 4, 43 of 1951, after the words “to Dadra and Nagar Haveli”.the words to Goa, Daman and Diu” shall be inserted.

4.Officers and functionaries in relation to Goa, Daman and Diu.-

Without prejudice to the powers of the Central Government to appoint from time
to time such officers and authorities as may be necessary for the
administration of Goa, Daman and Diu, all judges, magistrates and others
officers and authorities who, immediately before the commencement of this Act,
were exercising lawful functions in connection with the administration of Goa,
Daman and Diu or any part thereof, shall, unless otherwise directed at any time
by the Central Government in relation to any such judge, magistrate or other officer
or authority , or until other provision is made by law, continue to exercise in
connection with such administration their respective functions in the same
manner and to the same extent as before such commencement with such altered
designation, if any, as that Government may determine.

5.Continuance of existing laws and their
adaptation
.-

(1) All laws in force immediately before the appointed day in Goa, Daman and Diu
or any part thereof shall continue to be in force therein until amended or
repealed by a competent Legislature or other competent authority.

 (2)  For the purpose of facilitating the application
of any such law in relation to the administration of Goa, Daman and Diu as
Union territory and for the purpose of bringing the provisions of any such law
into accord with the provisions of the Constitution, the Central Government may
within two years from the appointed day, by order, may such adaptations and
modifications, 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 modifications so made.

6.Power to extent enactment to Goa, Daman and Diu.-

The Central Government may, by notification in the Official Gazette, extend
with such restriction or modifications as it thinks fit, to Goa, Daman and Diu
and any enactment which is in force in a State at the date of the notification.

7.Extension of the jurisdiction of Bombay High
Court to Goa, Daman and Diu
.-

As from such date as the Central Government may, by notification in the
Official Gazette, specify, the jurisdiction of the High Court at Bombay shall
extend to Goa, Daman and Diu.

8.Power to construe laws.-

For the purpose of facilitating the application of any law in relation to Goa,
Daman and Diu, any court or other authority may construe any such law in such
manner not affecting the substance, as may be necessary or proper to adapt it
to the matter before the court or other authority

9.Validation of certain and indemnity of
officers for certain acts
.-

(1) All things done and all action taken (including any acts of executive authority,
proceedings, decrees and sentences) in or with respect to Goa, Daman and Diu on
or after appointed day and before the commencement of this Act, by the
Administrator or any other officer, whether civil or military, or by any other
person acting under the orders of the Administrator or such officer, which have
been done or taken in good faith and in a reasonable belief that they were
necessary for the peace and good government of Goa, Daman and Diu shall be as
valid and operative as if they had been done or taken in accordance with law.

(2) No suit or other legal proceeding whatsoever,
whether civil or criminal shall lie in any court to law against the
Administrator or any other officer of Government, whether civil or military, or
against any other person acting under the orders of the Administrator or such
other officer for, or on account of, or in respect of, anything done or any
action taken in Goa, Daman and Diu or any part thereof on or after the
appointed day and before the commencement of this Act which has been done or
taken in good faith and in a reasonable belief that it was necessary for the
peace and good government of Goa, Daman and Diu:

Provided that if any such suit or other legal
proceeding has been instituted before the commencement of this Act, it shall
on such commencement, abate.

10.Power to remove difficulties.-

(1) If any difficulty arises in giving effect to the provisions of this Act or
in connection with the administration of Goa, Daman and Diu, the Central
Government may, by order, make such further provisions as appears to it to be
necessary or expedient for removing the difficulty.

(2)  Any order under subsection (1) may be
made so as to be retrospective to any date not earlier than the appointed day.

11.Repeal and saving.-  (1)

The Goa, Daman and Diu (Administration)  Ordinance,  1962(2 of 1962) is hereby repealed.

(2) Notwithstanding such repeal, anything done or any
action taken in exercise of any of the powers conferred by or under the said
Ordinance shall be deemed to have been done or taken in exercise of the powers
conferred by or under this Act.

 

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