The Dadra and Nagar Haveli Act, 1961

THE DADRA AND NAGAR HAVELI ACT, 1961

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THE DADRA AND NAGAR HAVELI ACT, 1961 ___________ ARRANGEMENT OF SECTIONS __________ SECTIONS 1. Short title, extent and commencement. Representation in the House of the People. Power to extend enactments to Dadra and Nagar Haveli. Extension of the jurisdiction of Bombay High Court to Dadra and Nagar Haveli. Powers of courts and other authorities for purposes of facilitating the application of laws.

THE DADRA AND NAGAR HAVELI ACT, 1961

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Section 1 — Short title, extent and commencement

Section 2 — Definitions

Section 3 — Representation in the House of the People

Section 4 — Varishta Panchayat

THE DADRA AND NAGAR HAVELI ACT, 1961 ACT NO. 35 OF 1961 [2nd September, 1961.] An Act to make provision for the representation of the Union territory of Dadra and Nagar Haveli in Parliament and for the administration of that Union territory and for matters connected therewith. Short title, extent and commencement.—(1) This Act may be called the Dadra and Nagar Haveli Act, 1961. (2) It extends to the whole of the Union territory of Dadra and Nagar Haveli. (3) It shall be deemed to have come into force on the 11th day of August, 1961. Definitions.—In this Act, unless the context otherwise requires,— (a) “Administrator” means the Administrator of the Union territory of Dadra and Nagar Haveli appointed by the President under article 239 of the Constitution; (b) “appointed day” means the eleventh day of August, 1961; (c) “Dadra and Nagar Haveli” means the Union territory of Dadra and Nagar Haveli; (d) “Varishta Panchayat” means the Varishta Panchayat as in existence immediately before the appointed day. Representation in the House of the People.—(1) There shall be allotted one seat to the Union territory of Dadra and Nagar Haveli in the House of the People. (2) In the Representation of the People Act, 1950 (43 of 1950),— (a) in section 4, in sub-section (1), after the words “to the Laccadive, Minicoy and Amindivi Islands”. the words “, to Dadra and Nagar Haveli” shall be inserted: (b) in the First Schedule,— (i) after entry 21, the following entry shall be inserted, namely:— “22. Dadra and Nagar Haveli..........1”; (ii) entries 22 and 23 shall be re-numbered as entries 23 and 24 respectively. (3) In the Representation of the People Act, 1951 (43 of 1951), in section 4, after the words “to the Laccadive, Minicoy and Amindivi Islands”, the words “, to Dadra and Nagar Haveli” shall be inserted.

(4) Every member of the Varishta Panchayat shall before entering upon his duties under this Act

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Section 5 — Other functionaries

Section 6 — Property and assets

Section 7 — Rights and obligations

Section 8 — Continuance of existing laws

Section 9 — Continuance of existing taxes

Section 10 — Power to extend enactments to Dadra and Nagar Haveli

Section 11 — Extension of the jurisdiction of Bombay High Court to Dadra and Nagar Haveli

Section 12 — Powers of courts and other authorities for purposes of facilitating the application of laws

Section 13 — Power to remove difficulties

Section 14 — Power to make rules

(4) Every member of the Varishta Panchayat shall before entering upon his duties under this Act make and subscribe before the Administrator an oath or affirmation in the following form, namely:— “I, A.B., a member of the Varishta Panchayat of the Union territory of Dadra and Nagar Haveli, do swear in the name of God that I will bear true faith and allegiance to the Constitution of India solemly affirm as by law established and that I will faithfully discharge the duty upon which I am about to enter.”. Other functionaries.—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 Dadra and Nagar Haveli, all judges, magistrates and other officers and authorities who immediately before the appointed day were exercising lawful functions in Free Dadra and Nagar Haveli or any part thereof shall, until other provision is made by law, continue to exercise in connection with the administration of Dadra and Nagar Haveli their respective functions in the same manner and to the same extent as before the appointed day. Property and assets.—It is hereby declared that all property and assets which immediately before the appointed day vested in the Varishta Panchayat or the Administrator of Free Dadra and Nagar Haveli shall, as from that day, vest in the Union. Rights and obligations.—All rights, liabilities and obligations of the Varishta Panchayat or the Administrator of Free Dadra and Nagar Haveli in relation to Free Dadra and Nagar Haveli shall, as from the appointed day, be the rights, liabilities and obligations of the Central Government. Continuance of existing taxes.—All taxes, duties, cesses or fees which, immediately before the appointed day, were being lawfully levied in Free Dadra and Nagar Haveli or any part thereof shall continue to be levied and to be applied to the same purposes, until other provisions is made by Parliament or other competent authority. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:— (a) the manner in which casual vacancies in the Varishta Panchayat may be filled; 3

(b) the meetings of the Varishta Panchayat, the conduct of business and the procedure to be

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(b) the meetings of the Varishta Panchayat, the conduct of business and the procedure to be followed at such meetings; (c) any other matter which has to be, or may be, prescribed. (3) Every rule made under this Act 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 1 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. 2 and the First Schedule, for centain words (w.e.f.