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The Government of Union Territories Act, 1963

Year of Passage: 1963 | Type: Bare Act

Section 1 Short title and commencement.

(1) This Act may be called the Government of UnionTerritories Act, 1963. (2) It shall come into force on such date1as the Central Government may, by notification in theOfficial Gazette, appoint: 2[Provided that it shall come into force in the Union territory of Mizoram on such date, being a date notearlier than the date of commencement of the Government of Union Territories (Amendment) Act, 1971(83 of 1971), as the Central Government may, by notification in the Official Gazette, appoint:] 3[Provided further that it shall come into force in the Union territory of Arunachal Pradesh on suchdate, being a date not earlier than the date of commencement of the Government of Union Territories(Amendment) Act, 1975 (29 of 1975), as the Central Government may, by notification in the OfficialGazette, appoint:] 4[Provided also that, subject to the preceding provisos,] different dates may be appointed for differentprovisions of this Act and for different Union territories and any reference in any such provision to thecommencement of this Act shall be construed as a reference to the coming into force of that provision.

Section 2 Definitions and interpretation.

(1) In this Act, unless the context otherwise requires,― (a) "Administrator" means the administrator of 1[the Union territory] appointed by the Presidentunder artcle 239; (b) "article" means an article of the Constitution; (c) "assembly constituency" means a constituency provided under this Act for the purpose ofelections to the Legislative Assembly of 1[the Union territory]; (d) "Election Commission" means the Election Commission appointed by the President underarticle 324; (e) "Judicial Commissioner" includes an Additional Judicial Commissioner; (f) "scheduled castes" in relation to 1[the Union territory] means such castes, races or tribes orparts of or groups within such castes, races or tribes as are deemed under article 341 to be scheduledcastes in relation to that Union territory; (g) "scheduled tribes" in relation to 1[the Union territory] means such tribes or tribal communitiesor parts of or groups within such tribes or tribal communities as are deemed under article 342 to bescheduled tribes in relation to that Union territory; 2[(h) "Union territory" means the Union territory of 3[Puducherry]. (2) Any reference in this Act to laws made by Parliament shall be construed as including a referenceto Ordinances promulgated by the President under article 123 and a reference to Regulations made by thePresident under article 240.

Section 3 Legislative Assemblies for Union territories and their composition.

(1) There shall be aLegislative Assembly for each Union territory. 1[(2) The total number of seats in the Legislative Assembly of 2[the Union territory] to be filled bypersons chosen by direct election shall be thirty.] (3) The Central Government may nominate not more than three persons, not being persons in theservice of Government, to be members of the Legislative Assembly of 2[the Union territory]. 3[(4) Seats shall be reserved for the Scheduled Castes in the Legislative Assembly of the Unionterritory.] (5) The number of seats reserved for the scheduled castes or the scheduled tribes in the LegislativeAssembly of 2[the Union territory] under sub-section (4) shall bear, as nearly as may be, the sameproportion to the total number of seats in the Assembly as the population of the scheduled castes in theUnion territory or of the scheduled tribes in the Union territory, as the case may be, in respect of whichseats are so reserved, bears to the total population of the Union territory. 4[Explanation.―In this sub-section, the expression "population" means the population as ascertainedat the last preceding census of which the relevant figures have been published: Provided that the reference in this Explanation to the last preceding census of which the relevantfigures have been published shall, until the relevant figures for the first census taken after the year 5[2026] 5[2026] have been published, be construed as a reference to the 6[2001] census.] 7[(6) Notwithstanding anything in sub-section (4), the reservation of seats for the Scheduled Castes inin the Legislative Assembly of the Union territory shall cease to have effect on the same date on whichthe reservation of seats for the Scheduled Castes in the House of the People shall cease to have effectunder article 334: Provided that nothing in this sub-section shall affect any representation in the Legislative Assemblyof the Union territory until the dissolution of the then existing Assembly.]

Section 4 Qualification for membership of Legislative Assembly.

A person shall not be qualified to bechosen to fill a seat in the Legislative Assembly of 1[the Union territory] unless he (a) is a citizen of India and makes and subscribes before some person authorised in that behalf bythe Election Commission an oath or affirmation according to the form set out for the purpose in theFirst Schedule; (b) is not less than twenty-five years of age; and (c) possesses such other qualifications as may be prescribed in that behalf by or under any law.

Section 5 Duration of Legislative Assemblies.

The Legislative Assembly of 1[the Union territory], unlesssooner dissolved, shall continue for five years from the date appointed for its first meeting and no longer,and the expiration of the said period of five years shall operate as a dissolution of the Assembly: Provided that the said period may, while a Proclamation of Emergency issued under clause (1) ofarticle 352 is in operation, be extended by the President by order for a period not exceeding one year at atime and not extending in any case beyond a period of six months after the Proclamation has ceased tooperate.
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