Documentos de Académico
Documentos de Profesional
Documentos de Cultura
PART I
Short title and commencement.
1. ( I ; 'I'his Act may be called the G~vernqent o f Uniqr\
- Territories
. k t , 1963.
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2. (1I In this Act, unless the context otherwise requires,-(a) "Administrator" means the administrator of a I'nion
territorv appointed by the President under article 239 ;
I. Provisions of ss. 1,2,53,5(i and 57 and Schedule I1 came into force in the Union
vide Notification G. S. R. 815, dated
territory of Pondicherry on 13-5-1963.
13-5-4963.
The remaining provisions of this Act came into force on
1-7-1963
vide Notification No. G. S. R. 1025, dated 15-6-1953.
2. Inserted by Act 83 of 1971, s. 2, w.e.f. 16-2-1972-Notification
G. S. R. 75(E)15-2-1972.
3. Inserted by Act 29 of 1975, s. 2, w.e.f. 15-8-1975
S.O. 398(E)-31-7-1975.
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11
LEGISLATIVE
ASSEMBLIES
Legistalive ..lssemblies for Union territories and their composition.
.I,
may,
Legislative Assembly.
10, Every Minister shall have the right" to speak in, and
otherwise to take part in the proceedings of, the Legislative
Assembly of the Union territory, and to speak in, and otherwise
to take part in the proceedings of any committee of the Legislative Asscmbly of which he may be named a member, but shall
not by virtue of this section be entitled to vote.
, .
Vacatlon of sears.
13. (1I 39 person shall be a member both of Par!ianient nnd
of the Legislative Assembly of a Union territory and il a person
is chosen as member both of Parliament and of such .issembly,
then, at tile expiration of such period as may be sprcificri in tile
rules made hy the President, that person's seat in F1ar.lianle:lt
shall becolrie vacant, unless he has previously resigner! his sent
in the Legislative Assembly of the Union territory.
rnentionctl in
:IS
I'arlinment may fly law otherwise provide, be exempted frorr, nll t:\xe$
imposed 1)y or under ally law made by the Legislatit,re .\ssen~l)lv
of a Cnion lerritory or by or under any other law in force in a
Uniori territory :
35
Prov~cie~l
that nothing in this section shall, until Parllanient
by law otherwise provides, prevent any authority w-itllin s Cnion
territory i'l-oln levying any tax on any property of the 'LTniol~to
which sucli ~ ~ r o p e rwas
t y immediately before the commenct31::cnt of
the Constitution liable or tre,clted a s liahle, so long as ihnL tax continues to 1-w levied in that Union territory.
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1. Renumbered and
.Issembly of the
proposals.
22. No Bill or amendment shall be iotroduced into, or 1~3oved
in. the Legislative Assembly of a Union territory n r i t h ~ u t the
previous sanction of the Administrator. if such Rill or anlendnlent
makes prolision with respect to any of thc following muftcrs,
n ~ m e l y:-
tht.
Judic.i;il
(b) jurisdiction and powers of the court of the Judici:~lCommissioner wilh respect to any of the matters in the State List or
the Ccncul.le!~t List in the Seventh Schedule ;c, the Cor~.;tlt~!tinri
Assent to Bills.
1 [25. \\'lien a Bill has been passed by the Legislative .i\s~;en~l~ly
i111<?
of a I'nion territory. it shall be presented to the A4dn~inistrator
the ,Administr:ltor shall declare either that he assents to the 13ill
or that he ~ t ~ t h h o l dassent
s
therefrom or that he rescr vcs the Lrill
for the consitleration of the President :
15-2-1972.
147,".
8
(d) relates to matters referred to i n sub-section i.5) oC section 7 01 section 1 7 or section 34 or sub-section ( G j of scction 45
o r in entry 1 or entry 2 of the State List in ihe Severltl~Schetlule
to the Col~stitution:
1'1-ovitic.ti also that ~vithoutprejudice to the p r ~ v i ~ i oof
i ~ t11e
s
becond proviso. the Adrni:i;stra:r:r sl~::ll not as5ent to 11ut 41:131
reserve for tkt consideration (:f the President, any Bill which i l ~ s
been passed by the Leg:slnti: e .-!ssembly
of the Union territory c:f
S4izoram an4 which relates io any area comprised iil any ;~ufr>Ilomous tllstrict in ihat Unio!l territory under the Sixth Schctl~rlr
to the Co~~stitution.
.Exp!cr;ution.-For
;he purposes o f this st3ct:o:~ ant1 s ~ c tion 25-A. a Fill shall be deemed to he a Money Rill 1: ~t conlains
only prorisions dealing ~ I t hall or any cf the mnticrs sl)cc*iljed
In sub-sectlon (1) of section 23 or nay matter incident31 to any of
these matters and, in either crse. there is c~~~clorsnc!
thrreori t l ~ e
certificate 01 the Spelkcr of t'le I,cgislaiive .lssembly signed by
him that 1 1 is a Xlonry Ei!l.]
1. Substituted by Act 83 of
15-2-1 072,
iinan~ialstatement shall show separatelg(a) the sums required to meet expenditure descri1)etl by
on the Consolidated Fund of each Union territory :-- ( a \ the emoluments and allowances of the ,ldnlinistrator
and olllc-r expenditure relating to his office as determillet1 by
the Pres~dentby a general or special order ;
(b) t11e charges payable in respect of loans advallced to the
LTniclntewiiory from the Consolidated Fund of India i ~ ~ c l u t l i ~ l g
interest, sidiing I'und charges and redemption churgfs. and
other e:;l~cntiiture connected therewith ;
( f ) eu1)clnditure incurred by the tidministrator ir! the Jischarge of his special resl>onsibil~ty;
(g) an> other expenditure declared by the Coitslitution or
by law- ~maile61 Parliament o r by the Lcgisldtive - \ s s P I T )of~ ~ ~
the Cnitr-i territory t o be so charged.
Procedure in Legislalive Assembly with respecl to eati~~?ate.*.
on the
Appropriation Bills.
29. ( 1 ) r\s soon as may be after the grants under scctio~l38
have beell mlde b ~ the
'
-4ssemblg. there shall be introduced a Cill
to provide fur the appropriation out of the Consolidated I:und of
the Union territory of all moneys required to meet-
<
territory esrept under appropriation made by lau7 passer1 in accordt~ncewith Ih(b provisions of this section.
30. (1) 'I'he Administrator shall(a) if the amount authorised by any la\\: matie in accordance with the pro17:sions of section 29 to be expended for a p r t l cular serncc for the current finailcia1 year is found to bc insu:;icient for the purposes of that year or when a need has ariscn
during l l ~ ecurrent financial pear for supplementary or a d d tional expenditure upon some new service not conten~plntedin
the annual Gnancial statenlent for that year, or
(b) i f any money hzs been spent on any service during a
financic,l year in excess of the amount granted for that service
and for that year,
csuse to be laid before the Legislative Assembly of the Union tcrritory, with the previous approval of the President, anotller statement shouing the estimated amount of that cspendi!ure or cause
to be presented to the Legislative =issembly of the Union territory
with such previous approval a demand for such escess. as the
case may be.
(2) The provisions of sections 27, 28 and 29 shall have effect
in relation Lo :my such ststement and expenditure or dellland and
also to any law to be made authorising the appropriation of
moneys out oi' the Consolidated Fund of the Cnion territory to
meet such expenditure or the grant in respect of such demand as
they have eil'ect in relation to the annual financial s)taten;eht ajld
the expenditure mentioned therein or to a demand icir a grant
and the law to be made for the autllorisntion of app:.ol)riation of
moneys out of the Consolidated Fund of the Union territory to
meet suc11 expenditure or grant.
\'otes on accounf.
31. (i Sotwithstanding anything in the foregoing provisions
of this Pari. the Legislative Assembly of a Union territory shall
have pon-cr lo make any grant in advance in respect of the estimated ealaenditure for a part of' any finar~cialyear pending the
completion uf the procedure prescribed in section 28 for the
~ o t i n gof such grant and the passing of the law in accordance
with the provisions of section 29 in relation to that expenditure
and the ic~gislali\reAssembly shall have power to authorise by
law the -.xithdrawal of moneys from the Consolidated Fund of
the C'niun territory for the purposes for whxh the said grant is
made.
( 2 \ 'I'he provisions of sections 28 and 29 shall h a r e elfect in
relation to the making of any grant under sub-section 11) or to
:any law 10 be made under that sub-section as they have ell'ect
in relatior? to the making of a gra~itwith regard to any expenditure mentioricd in the annual financial statement and the law to
be made for the authorisation of appropriation of monejs out of
the Consolidated Fund of the Union territory to meet sucli expenditure.
tions on, any matter v:hich aifects the discharge of the lunctions
of the Acinlinistrator in so far as he is required by this lct to
act in his discretion.
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0. 398 >E)-31-7-1975
thereof.
the Union territory or such part thereof for such of the omcinl
purposes of the Union territory as may be specified in the order,
if Lhe President is satisfied that'a substanthi proIol.tion ol' the
population of the Union territory desires the use nf thdt'hther
language tor all or any of such purposes.
t . - f
t:c
Courts no1
to
t11r Legisl:rtive
.?ssembly (.I' a Union territory s h ~ ! lnot he called in question on
the ground of' any alleged irregularity of procedure.
( 2 ) 3'0 officer or ~nerntreroi' the 1-eglslati~e.JLssenlbly of ;1
I'ilion ierritc~i-yin w h o ~ npon-crs :?.re vesied by or ul~dcrthis Act
for regu1::ting procedcre cr the c m d u c t of husiness, or for maint ~ i n i n gcrr!rr in the L cgis!atirc -4ssernbly shall bc subject to tile
jurisdiction *)f any court in respect of Ihe escrcisc. b?- h i n ~of
those po1reI.s.
Definitions.
3s. i n this Part, u~llessLlle c,)ntcst othcr\vise rc~r~ilil-es
--
:lssenlbly conslilulion.
39. FOI the purpose of elections to the Legislati\-e .-lssenlbly
territory. and
( b , to determine. on the basis of the latest ceilsus f i g ~ ~ r e s .
the nunll,er of seats to he reserved for the schedu:r:l castcs :)lid
for the sclieduled tribes in the Lc-gislative .4ssemLly of a l'nion
terrltor: otlier than the L'nion territory o f Goa, Da~,lauand Diu,
and thr. c.tnstiluencies in which these seats shall be so rclst$r\cd.
iissociate members.
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1. The wbrd "Hirnachal ~ r a d e s h " and !the figure "4" are omitted since Hirnachal
Pradesh has been established as a new State by Act 53 of 1970 s. 3 w.e.f
25-1-1971 viz. the appointed date.
2.
The words "Manipur and Tripura" and the figures and word "2 and 2" are
omitted since Manipur and Tripura have beeti e~tablished as new States b y
Act 81 of 1971 ss. 3 and 4, w.e.f. 21-1-1972 viz., the appointed date.
Omitted since Himachal PradesJ, and Manipur ard Tripuqa hav.e beep egtabli'
''
shed as new Stxtes by Act 53 of 1970. and 81 of 1971 respectively.
Procedure as to delin!ilafion.
4:s. Tile provisions of scctions 7, 9. 10 a n d 11 of the Dclinli-
tation Co~l~nission
Act, 1962 (61 of 1962). shall applj. as far as
may be. in rekition to the delimitation of par1iament:lrp : ~ n d
assembly constituel~ciesuader this Part as t l ~ e yapply in relation
to the delimitation of parliamentary an:: assembly constituencies
under that .4cl.
Spcc~alprovisron {or delimitation o f consirtuenc~c.~
oj
,Wizorarn Lcgislalive Assembly.
6.
16@
Colnmission shall
( a ) rli the persons \vI~o,having becn elected to the I ~ g i s ldtive Asscrni)ly of t l ~ cState of Assam from the IJungleh, Aijnl
Eost and i i i jal \Vest territorial constituencies, are lnenlhers o f
that Asscmhly immediately before the day appointed under
clause \bj of section 2 of the North-Eastern Areas (ileorganisation) ;Id. 1971 181 of 1 9 7 1 ) ; and
(b) such three elected members of the District Council of
the Mizo District as the Chairman
thereof may ~lominate:
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( a ) publish its proposals for the delimitation of constituencies. together with the dissenting proposals, i f any. of any
associaic. member who desires publicatioll thereof in tllc Oflicial
Gazette 2nd in such other manner as the Commissiorl may considcr fit, tcxgether with a notice inviting objections and suggestions in relation to the proposals and specifying ri ciate ( n or
after wii:ch the proposals lvill be further considered by it ;
( b ) consider all objections and suggestions \vljich nlay 11:tva
beer. received by it before the date so specified ;
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162
(8) All things dcne, and all steps taken, before the commencement of this Act in the Union territory of Mizoram with a
vie\v to dclirniting the territorial constituencies of thrt Union
territory for purpo-es of elections to the Legislative llssembly of
ihat Union ierritory shall. in so far as they are in conformity
wilh the I'(~~.cgoing
provisions of this section. be deemed to have
1)een <lone 01. taken ulider those provisions as if those provisions
\\-ere ~n force at t l ~ etime such things ~5-eredone or such steps
\\-ere taken.]
the genera; c'lection to that House lo be held after the commencenlent of !be Government of Union Territories (Amendment) Act,
1975 alld t11cl.cafter. there shall be allotted t\vo seats to the Union
territory elf .%runachal Pradesh and the First Schedule to the
Special J I I ouisions for delimitation o f Par!ianzenrat y Constil u c n c i ~ :in -1runaclzal Pradesh and Cons/iluencie.q o/
.irunachal Pradesh Legislative iissemblg.
The provisions of sections 39 to 43 (I.,oth inclusive)
shall not :~i)pl\.to the delimitation of parliamentary constituencies
i~the Union territory of Arunachal Pradesh or to the delimitation
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of constltr~cnciesfor the purpose of elections to the Legislative
Assembly nf that Union territory.
1 r-13-C ( 1
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(5) If owing to death or resignation, the office of a!l :~ssuciate member falls vacant, it shall be filled. if pmcticahlr. ill
uccordarice with the provisions of sub-section (4),
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(9) All things done, and all steps taken. befcie the commencement of this Act in the Union territory cli .21u11ac11:1i I'radesh
with :I view to delimiting the territorial collstituencies of th:it
Union territory for purposes of elections to the lJc.gi\li:t i \ e
Assembly of that Union territory shall, In so far as ilie~rare in
conformity with the foregoing provisions of this s e c l i c ~ lbc
~ . deemed to hare been done or taken under those provisions as if those
provisions -&ere in force at the time such things \%.eredone ur
such steps were taken.]
Special ~ ~ r o v i s i ofor
n determinuiiori of constirc~cncics:r; llte
Leyislalive Assembly o f Goa, D a n ~ n iand
~ Dir: /or
Scheduled Castes and Scheduled Tr. hcs.
1 i43-0. (1) The Election commission shall determine on tlre
hasis of the latest census figures-
. I(ii)$
,,the, constitueyies
, .in,which- those seats shall be so
reserved having regard to the provisions of clause (c), or, as
the case may be clause ( d ) , of sub-section i l t o f section 9 of
the Delimitation Act and without altering t , ~ e estent of any
constituency as delimited by the Delimitation Conil:lission.
7.
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0.641 (E)-28-9-1976.
(a) publish its proposals for the determination ol the cc!nstituencles i r ~which seats shall be reserved for thc Scheduled
Castes or for the Scheduled Tribes, as the case may be, in the
Gazette of India and in the Official Gazette of the I:nion terri
tory of Coa Daman and Diu and also in such other manner
as tile Election Commission may coilsider fit, toga!lier with a
notice inviting objections and suggestions in rclation to the
proposals and specifying a date on or after wi~ichihe ~ r o p o s ' ~ l s
wil! be further considered by it ;
(b, consider all objections and suggestions v-hlrh nlay llnvc
bee11 rcccited by it before the date so specified ;
( c ) alter consideration of objections and ~uggeslionswhich
may have been received by it before [he date so spccliietI, dctermine bj (jne or more orders the number of seats to be resen ed
for the Scheduled Castes or for the Scheduled I'ribes, as the
case may be, in the Legislative Assembly and the constituencies
in n~hlchtl~oseseats shall be so reserved snd cause such order
or orders to be published in the Gazette of I n d i ~and in the
Election Co~nniissio~l
under this section, sllall apply in relation to
every election to the Legislative Assembly held after the publication in the Gazette o f India, under sub-section ( 2 ) , of such ~ ~ r d e r .
(6) Every order made under sub-section ( 2 ) and e\.ery notification issued under sub-section (5) shall be l a ~ d as
. soon as nlay
be, after it is made or issued before the Legislative Assenlbly.
Exp1ccnafion.-In this section(a) "Delimitation .4ctV means the Llelimitstiori Act, 1972 :
( b ) "1)elimitation Commission" means the Il)eliniitation
Commission constituted under section 3 of the Delin~itationAct ]
Council of Ministers.
4-1. ( 1 ; l'here shall be a Council of Xlin;sters ill each Union
terr~torywilh the Chief Millister as the head to aid and advise the
Admirtlstralor in the esercise of his functio~lsin relation to mailrtrs
with resycc t lo which the Legislative .4sscmblv oi' the [!llion
territory F.as power to make laws except in so far as hp i*jrc(1uired
by or und-r ihis Act to act in iiis discretion or by or ulldrr any
law to exercise any ju;licial or quasi-judicial functions :
the President.
(3) 'I'lle Council of Ministers shall be collectivel~ rcsponsible to the I.egislative Assembly of the Union territory.
74) Before a Minister enters upon his office, the Administrator shall administer to him the oaths of office and o f secrecy
a.ccording to ihe forms set out for the purpose in the First
Schedule.
1.- Sub%by Act 83 of 1971,S. 11, W.e. f. 16-2-1972-G.S.R. 75 (E)-15-2-1972.
W.
PART V
,.
TRANSITIONAL
PROVISIONS
Consoliduied Fund o/ the L;nion territory.
MlSCELLAN@OUS AND
A udii rc-~or!~.,
49. 'The rcports of the Comptroller and Auditor-(;enera1 of
india rel:,fing to the accounts of a Union territory for any pel-ictd
suh,equent to the date referred Lo in sub-section (1) ol' section 4 7
50. N~~twithstanding
anything in this Acl, the -4clministrator
and !lis Cnuncil of Ministers shall be under the general control of.
::nd comply with such particular directions, if a n y :IS nlay from
lime to time he given by, the President.
F
slrat.)~ of a I-'nion territory o r otherwise, is satisfied-( 3 ) th:lt a situation has arisen in \%-hichthe -4dn1inistratini1
(;I :he I'nio~iterritory cannot bc carried or: in acc*)rdluncc with
the provisions of this Act. o r
1.
the Act. Notification in GO1 Gazette Pt. 114. 3 (i) Ext. p. 57.
jl~r to fill the seat in the House of the People and the seat
in the c:ouncil of States allotted to the Union territory of
Pondicl~erry.
(2) Sotwithstanding anything contained in nny other law
for the timc being in force, the members nominatecl to r c p r e s e ~ ~ t
the Union territory of Goa, Daman and Diu in the iiouse of the
People shali continue to be such until the election of the members
to fill tllc I\yo seats in that House allotted to that C'nion
territory :
of that Schedule, as if those areas were comprised in an autonomous district under that Schedule and the provisions of the said
1)aragraphs were in force in those areas and for this purpose,( i ) r.11 powers and functions of a District Council under the
provisions of the said paragraph 4 shall be exercised and dis.
charged by the Administrator or any oficer appointed by him
in this behalf ;
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57.
he Second Schedule
I.
1
(2) All things done, and all steps taken, before tlie commencemel~tof this Act in connection with Ihe preparation or
revision af electoral rolls for the purpose of elections to tile ?louse
of the People from the Union territories of Goa, Datnan and Mu,
and Pondicherry, and to the Legislative Assemblies of those Vnion
teiritories shall. in so far as they are in conformity with the provisions of the Representation of the People Act, 1950 (43 ~f 1950),
ns amended Ly this Act, be deemed to have been do,:e i n nccord:trice with law.
58. { I ) ?'he follo\ving laws are hereby repealed:(a) the Territorial Councils Act, 1!456 (103 of l!)56) ;
{b) the Decree No. 46-2381, dated the 261h OctcLer, 1946
as subsequently amended. relating to the Ficpresentative
Assemlily oi' the State of Pondicherry ;
(c) The Decree No. 47-1490, dated the 12th ;\ugust, 1!!47,
as subsequently amended, relating to the setting up of n
Councii of Government in tlie State of Pondicherry ;
(dl i'he State of Pondicherry (Representation of the
People! Order, 1955. in so far as it relates to the Hepresen1:itive
Assembly of Pondicherry.
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Provided that(i) the tenure, remuneration and terms and conditions of service of any such officer or other employee shall not be
altered to his disadvantnge without the previous sanction of
the Ceutral Government ;
(ii) any service rendered by any such officcr or oiher
ernployec before such repeal shall be deemed to be s e r ~ i c e
rendered in connection \vith the administ~ation of the Union
territory ;
(iii) the Administrator may enlploy any such oficer or
other eln:doyee in the discharge of silch functions ns the
Administrator may think proper and every such officer or other.
employee slid1 discharge those functions accordingly ;
(b) :~nythingdone or any action taken (including any
notifica!ion, order, scheme, rule, form, notice or bye-law made
or issued. ;u)y licence or permission granted) under the repealed Act s!:aIl in so far as it is not inconsistent with the provi.
sions of this Act, contizue in force uniess and unlil it is
superseded by anything dolie or any action taken in accordance
with law ;
(c) all debts, obligations and liabilities incurred, all contracts entered iato and ail ma!:ers and lhings engaged to be
done by. wit5 or for the Territorial Council before such repeal
shall be deemed to have been incurred, entered into or engaged
to be done in exercise of the executive power of the Union for
the pulpose of the administration of the Union territory ; .
.1
(g) all rates, taxes, cesses, fees. rents, fares and other
charges due to the Territorial Council immediately before such
repeal shall he deemed to be due to the Union in conner,tion with
the adnlinistration of the Union territory ;
(h) a11 suits, prosecutions and other legal :~roceedingsinstituted or which inight have been instituted by or against the
Territori:)] Council may be continued or instituted by cir against
THE FIRST S C ~ E D U L E
[See sections 4 (a), 11 and 45 (4)]
E'ORhlS O F OATHS OR AFFIRIIATIONS
FORM O F OATH OR .%FFIRXfATION TO BE MADE BY 4
CANDID.4TE FOR EI,ECrrION '1'0 T I E
I,EGlSLA'TI\:E ASSEMBLY.
I1
FOHN OF OATH OR .4FFIR?.I.\TIOX TO BE M.\T)E 13Y h
?IE:Af BER O F THE I,EGISLA4TI\'E ASSEkIELY
O F -4 UNION 'I'ERRITORP.
"I. A. B.. l~a\.ing1 ~ c . nclectcd (or nominated) a member of
the Lcgislntive Assembly of ....................................
do swear in the name of God~solrmnlyaffirm that I will bear
true faith find allegiance to the Constitutio~lof India as by law
established, that I will uphold the so\-ereignty and integrity of
India and that 1 will faithfully discharge the duty lip011 which
I am about to enter."
111
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GOYERNhlEST O F ISDI.4
Ministry of Home -4 /fair;.
New Delhi, 15th Fef~ruary,1972.
NOTIFICATlON
G. S. I?. 75 (E).-In exercise of the powers conferred by subsection (2) of section 1 of the Government of Union Territories
{Amendment) Act, 1971 (83 of l W l ) , the Central Ciovcrnment.
hereby appoints the 16th day of February, 1972 as the date on
whieh the provisions of the said Act shall come into force.
Special Secretary.
[F.11~5/'72-SIt).
.
.
NOTIFICATION
t
S. 0.333 jE).-In exercise of the powers conferred by subsection ( 2 ) of section 1 of the Government of Union Territories
(-4mcndmentj Act, I975 (29 of 1975), the Central Government hereby appoints the 15th day of August, 1975 as the date on which the
said Act shall come into force.
S . 0.641 (E).--In exercise of the po\vers conferred by subsection ( 2 ) of section 1 of the Government of LTniot~Territories
idmendmect) :kt, 1976 (86 of 19iG), the Central Goverlimcnt
hereby appoints the 301h day of September. 197C. as the date on
which the said Act shall come into force.
(No. U-11012/Si75-IJl'L)
li. K. PRAl:E.II;',
~\ddilronal Secretary.