3. Legislative Assemblies for Union territories and their composition.―(1) There shall be a
Legislative Assembly for each Union territory.
1
[(2) The total number of seats in the Legislative Assembly of 2
[the Union territory] to be filled by
persons chosen by direct election shall be thirty.]
(3) The Central Government may nominate not more than three persons, not being persons in the
service 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 Union
territory.]
(5) The number of seats reserved for the scheduled castes or the scheduled tribes in the Legislative
Assembly of 2
[the Union territory] under sub-section (4) shall bear, as nearly as may be, the same
proportion to the total number of seats in the Assembly as the population of the scheduled castes in the
Union territory or of the scheduled tribes in the Union territory, as the case may be, in respect of which
seats 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 ascertained
at 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 relevant
figures have been published shall, until the relevant figures for the first census taken after the year 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 in
the Legislative Assembly of the Union territory shall cease to have effect on the same date on which the
reservation of seats for the Scheduled Castes in the House of the People shall cease to have effect under
article 334:
Provided that nothing in this sub-section shall affect any representation in the Legislative Assembly
of the Union territory until the dissolution of the then existing Assembly.]
4. Qualification for membership of Legislative Assembly.―A person shall not be qualified to be
chosen to fill a seat in the Legislative Assembly of 2
[the Union territory] unless he—
(a) is a citizen of India and makes and subscribes before some person authorised in that behalf by
the Election Commission an oath or affirmation according to the form set out for the purpose in the
First 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.
1. Subs. by the State of Himachal Pradesh (Adaptation of Laws on Union Subjects) Order, 1973, for sub-section (2) (w.e.f. 25-1-1971).
2. Subs. by Act 18 of 1987, s. 65, for “a Union territory” (w.e.f. 30-5-1987).
3. Subs. by s. 65, ibid., for sub-section (4) (w.e.f. 30-5-1987).
4. The Explanation ins. by Act 19 of 1984, s. 2 (w.e.f. 8-5-1984).
5. Subs. by Act 19 of 2005, s. 2, for “2000” (w.e.f. 21-5-2005).
6. Subs. by s. 2, ibid., for “1971”(w.e.f. 21-5-2005).
7. Subs. by Act 18 of 1987, s. 65, for sub-section (6) (w.e.f. 30-5-1987).
7
5. Duration of Legislative Assemblies.―The Legislative Assembly of 1
[the Union territory], unless
sooner 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) of
article 352 is in operation, be extended by the President by order for a period not exceeding one year at a
time and not extending in any case beyond a period of six months after the Proclamation has ceased to
operate.
6. Sessions of Legislative Assembly, prorogation and dissolution.―(1) The Administrator shall,
from time to time, summon the Legislative Assembly to meet at such time and place as he thinks fit, but
six months shall not intervene between its last sitting in one session and the date appointed for its first
sitting in the next session.
(2) The Administrator may, from time to time,―
(a) prorogue the Assembly;
(b) dissolve the Assembly.
7. Speaker and Deputy Speaker of Legislative Assembly.―(1) Every Legislative Assembly shall,
as soon as may be, choose two members of the Assembly to be respectively Speaker and Deputy Speaker
thereof and, so often as the office of Speaker or Deputy Speaker becomes vacant, the Assembly shall
choose another member to be Speaker or Deputy Speaker, as the case may be.
(2) A member holding office as Speaker or Deputy Speaker of an Assembly—
(a) shall vacate his office if he ceases to be a member of the Assembly;
(b) may at any time by writing under his hand addressed, if such member is the Speaker, to the
Deputy Speaker, and if such member is the Deputy Speaker, to the Speaker, resign his office;
(c) may be removed from his office by a resolution of the Assembly passed by a majority of all
the then members of the Assembly:
Provided that no resolution for the purpose of clause (c) shall be moved unless at least fourteen days’
notice has been given of the intention to move the resolution:
Provided further that whenever the Assembly is dissolved, the Speaker shall not vacate his office until
immediately before the first meeting of the Assembly after the dissolution.
(3) While the office of Speaker is vacant, the duties of the office shall be performed by the Deputy
Speaker or, if the office of Deputy Speaker is also vacant, by such member of the Assembly as may be
determined by the rules of procedure of the Assembly.
(4) During the absence of the Speaker from any sitting of the Assembly, the Deputy Speaker, or, if he
is also absent, such person as may be determined by the rules of procedure of the Assembly, or, if no such
person is present, such other person as may be determined by the Assembly, shall act as Speaker.
1. Subs. by Act 18 of 1987, s. 65 for “a Union territory” (w.e.f. 30-5-1987).
8
(5) There shall be paid to the Speaker and the Deputy Speaker of the Legislative Assembly such
salaries and allowances as may be respectively fixed by the Legislative Assembly of the Union territory
by law and, until provision in that behalf is so made, such salaries and allowances as the Administrator
may, with the approval of the President, by order determine.
8. Speaker or Deputy Speaker not to preside while a resolution for his removal from office is
under consideration.―(1) At any sitting of the Legislative Assembly, while any resolution for the
removal of the Speaker from his office is under consideration, the Speaker, or while any resolution for the
removal of the Deputy Speaker from his office is under consideration, the Deputy Speaker, shall not,
though he is present, preside and the provisions of sub-section (4) of section 7 shall apply in relation to
every such sitting as they apply in relation to a sitting from which the Speaker or, as the case may be, the
Deputy Speaker is absent.
(2) The Speaker shall have the right to speak in, and otherwise to take part in the proceedings of, the
Legislative Assembly while any resolution for his removal from office is under consideration in the
Assembly and shall, notwithstanding anything in section 12, be entitled to vote only in the first instance
on such resolution or on any other matter during such proceedings but not in the case of an equality of
votes.
9. Right of Administrator to address and send messages to Legislative Assembly.― (1) The
Administrator may address the Legislative Assembly and may for that purpose require the attendance of
members.
(2) The Administrator may also send messages to the Assembly whether with respect to a Bill then
pending in the Assembly or otherwise, and when a message is so sent, the Assembly shall with all
convenient dispatch consider any matter required by the message to be taken into consideration.
10. Rights of Ministers as respects Legislative Assembly.― 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
Assembly of which he may be named a member, but shall not by virtue of this section be entitled to vote.
11. Oath or affirmation by members.―Every member of the Legislative Assembly of 1
[the Union
territory] shall, before taking his seat, make and subscribe before the Administrator, or some person
appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the
First Schedule.
12. Voting in Assembly, power of Assembly to act notwithstanding vacancies and quorum.―(1)
Save as otherwise provided in this Act, all questions at any sitting of the Legislative Assembly of 1
[the
Union territory] shallbe determined by a majority of votes of the members present and voting other than
the Speaker or person acting as such.
(2) The Speaker or person acting as such shall not vote in the first instance but shall have and exercise
a casting vote in the case of an equality of votes.
1. Subs. by Act 18 of 1987, s. 65 for “a Union territory” (w.e.f. 30-5-1987).
9
(3) The Legislative Assembly of 1
[the Union territory] shall have power to act notwithstanding any
vacancy in the membership thereof, and any proceedings in the Legislative Assembly of 1
[the Union
territory] shall be valid notwithstanding that it is discovered subsequently that some person who was not
entitled so to do, sat or voted or otherwise took part in the proceedings.
(4) The quorum to constitute a meeting of the Legislative Assembly of 1
[the Union territory] shall be
one-third of the total number of members of the Assembly.
(5) If at any time during a meeting of the Legislative Assembly of 1
[the Union territory] there is no
quorum, it shall be the duty of the Speaker, or person acting as such, either to adjourn the Assembly or to
suspend the meeting until there is a quorum.
13. Vacation of seats.―(1) No person shall be a member both of Parliament and of the Legislative
Assembly of 1
[the Union territory] and if a person is chosen a member both of Parliament and of such
Assembly, then, at the expiration of such period as may be specified in the rules made by the President,
that person’s seat in Parliament shall become vacant, unless he has previously resigned his seat in the
Legislative Assembly of the Union territory.
(2) If a member of the Legislative Assembly of 1
[the Union territory]—
(a) becomes subject to any disqualification mentioned in 2
[section 14 or section 14A] for
membership of the Assembly, or
(b) resigns his seat by writing under his hand addressed to the Speaker,
his seat shall thereupon become vacant.
(3) If for a period of sixty days a member of the Legislative Assembly of 1
[the union territory] is
without permission of the Assembly absent from all meetings thereof, the Assembly may declare his seat
vacant:
Provided that in computing the said period of sixty days, no account shall be taken of any period
during which the Assembly is prorogued or is adjourned for more than four consecutive days.
14. Disqualifications for membership.― (1) A person shall be disqualified for being chosen as, and
for being, a member of the Legislative Assembly of 1
[the Union territory]—
(a) if he holds any office of profit under the Government of India or the Government of any State
or the Government of 3
[the Union territory] other than an office declared by law made by Parliament
or by the Legislative Assembly of the Union territory not to disqualify its holder; or
(b) if he is for the time being disqualified for being chosen as, and for being, a member of either
House of Parliament under the provisions of sub-clause (b), sub-clause (c) or sub-clause (d) of clause
(1) of article 102 or of any law made in pursuance of that article.
(2) For the purposes of this section, a person shall not be deemed to hold an office of profit under the
Government of India or the Government of any State or the Government of 3
[the Union territory] by
reason only that he is a Minister either for the Union or for such State or Union territory.
1. Subs. by Act 18 of 1987, s. 65 for “a Union territory” (w.e.f. 30-5-1987).
2. Subs. by Act 24 of 1985, s. 2, for “section 14” (w.e.f. 29-3-1985).
3. Subs. by Act 18 of 1987, s. 65 for “any Union territory” (w.e.f. 30-5-1987).
10
(3) If any question arises as to whether a member of the Legislative Assembly of 1
[the Union
territory] has become disqualified for being such a member under the provisions of sub-section (1), the
question shall be referred for the decision of the President and his decision shall be final.
(4) Before giving any decision on any such question, the President shall obtain the opinion of the
Election Commission and shall act according to such opinion.
2
[14A. Disqualification on ground of defection for being a member.―The provisions of the Tenth
Schedule to the Constitution shall, subject to the necessary modifications (including modifications for
construing references therein to the Legislative Assembly of a State, article 188, article 194 and article
212 as references, respectively, to the Legislative Assembly of 1
[the Union territory], section 11, section
16 and section 37 of this Act), apply to and in relation to the members of the Legislative Assembly of
1
[the Union territory] as they apply to and in relation to the members of the Legislative Assembly of a
State, and accordingly,―
(a) the said Tenth Schedule as so modified shall be deemed to form part of this Act; and
(b) a person shall be disqualified for being a member of the Legislative Assembly of 1
[the Union
territory] if he is so disqualified under the said Tenth Schedule as so modified.]
15. Penalty for sitting and voting before making oath or affirmation or when not qualified or
when disqualified.―If a person sits or votes as a member of the Legislative Assembly of 1
[the Union
territory] before he has complied with the requirements of section 11 or when he knows that he is not
qualified or that he is disqualified for membership thereof, he shall be liable in respect of each day on
which he so sits or votes to a penalty of five hundred rupees to be recovered as a debt due to the Union.
16. Powers, privileges, etc., of members.―(1) Subject to the provisions of this Act and to the rules
and standing orders regulating the procedure of the Legislative Assembly, there shall be freedom of
speech in the Legislative Assembly of 3
[the Union territory].
(2) No member of the Legislative Assembly of 1
[the Union territory] shall be liable to any
proceedings in any court in respect of anything said or any vote given by him in the Assembly or any
committee thereof, and no person shall be so liable in respect of the publicationby or under the authority
of such Assembly of any report,paper, votes or proceedings.
(3) In other respects, the powers, privileges and immunities of the Legislative Assembly of 1
[the
Union territory] and of the members and the committees thereof shall be such as are for the time being
enjoyed by the House of the People and its members and committees.
(4) The provisions of sub-sections (1), (2) and (3) shall apply in relation to persons who by virtue of
this Act have the right to speak in, and otherwise to take part in the proceedings of, the Legislative
Assembly of 1
[the Union territory] or any committee thereof as they apply in relation to members of that
Assembly.
17. Salaries and allowances of members.―Members of the Legislative Assembly of 1
[the Union
territory] shall be entitled to receive such salaries and allowances as may from time to time be determined
by the Legislative Assembly of the Union territory by law and, until provision in that behalf is so made,
1. Subs. by Act 18 of 1987, s. 65 for “a Union territory” (w.e.f. 30-5-1987).
2. Ins. by Act 24 of 1985, s. 3 (w.e.f. 29-3-1985).
3. Subs. by Act 18 of 1987, s. 65 for “every Union territory” (w.e.f. 30-5-1987).
11
such salaries and allowances as the Administrator may, with the approval of the President, by order
determine.
18. Extent of legislative power.―(1) Subject to the provisions of this Act, the Legislative Assembly
of 1
[the Union territory] may make laws for the whole or any part of the Union territory with respect to
any of the matters enumerated in the State List or the Concurrent List in the Seventh Schedule to the
Constitution in so far as any such matter is applicable in relation to Union territories.
(2) Nothing in sub-section (1) shall derogate from the powers conferred on Parliament by the
Constitution to make laws with respect to any matter for 1
[the Union territory] or any part thereof.
19. Exemption of property of the Union from taxation.―The property of the Union shall, save in
so far as Parliament may by law otherwise provide, be exempted from all taxes imposed by or under any
law made by the Legislative Assembly of 1
[the Union territory] or by or under any other law in force in
1
[the Union territory]:
Provided that nothing in this section shall, until Parliament by law otherwise provides, prevent any
authority within 1
[the Union territory] from levying any tax on any property of the Union to which such
property was immediately before the commencement of the Constitution liable or treated as liable, so long
as that tax continues to be levied in that Union territory.
20. Restrictions on laws passed by Legislative Assembly with respect to certain matters.―2
[1]
The provisions of article 286, article 287 and article 288 shall apply in relation to any law passed by the
Legislative Assembly of 1
[the Union territory] with respect to any of the matters referred to in those
articles as they apply in relation to any law passed by the Legislature of a State with respect to those
matters.
3
[(2) The provisions of article 304 shall, with the necessary modifications, apply in relation to any law
passed by the Legislative Assembly of 1
[the Union territory] with respect to any of the matters referred to
in that article as they apply in relation to any law passed by the Legislature of a State with respect to those
matters.]
4
[21. Inconsistency between laws made by Parliament and laws made by Legislative
Assembly.―If any provision of a law made by the Legislative Assembly of 1
[the Union territory] with
respect to any matter enumerated in the State List in the Seventh Schedule to the Constitution is
repugnant to any provision of alaw made by Parliament with respect to that matter, whether passed before
or after the law made by the Legislative Assembly of the Union territory, or, if any provision of a law
made by the Legislative Assembly of 1
[the Union territory] with respect to any matter enumerated in the
Concurrent List in the Seventh Schedule to the Constitution is repugnant to any provision of any earlier
law, other than a law made by the Legislative Assembly of the Union territory, with respect to that matter,
then, in either case, the law made by Parliament, or, as the case may be, such earlier law shall prevail and
the law made by the Legislative Assembly of the Union territory shall, to the extent of the repugnancy, be
void:
1. Subs. by Act 18 of 1987, s. 65 for “a Union territory” (w.e.f. 30-5-1987).
2. Secton20 renumbered as sub-section (1) thereof by Act 83 of 1971, s. 5 (w.e.f. 16-2-1972).
3. Ins. by s. 5, ibid. (w.e.f. 16-2-1972).
4. Subs. by Act 29 of 1975, s. 4, for section 21 (w.e.f. 15-8-1975).
12
Provided that if such law made by the Legislative Assembly of the Union territory has been reserved
for the consideration of the President and has received his assent, such law shall prevail in that Union
territory:
Provided further that nothing in this section shall prevent Parliament from enacting at any time any
law with respect to the same matter including a law adding to, amending, varying or repealing the law so
made by the Legislative Assembly of the Union territory.]
22. Sanction of the administrator required for certain legislative proposals.―No Bill or
amendment shall be introduced into, or moved in, the Legislative Assembly of 1
[the Union territory]
without the previous sanction of the Administrator, if such Bill or Amendment makes provision with
respect to any of the following matters, namely:―
(a) constitution and organisation of the court of the Judicial Commissioner;
(b) jurisdiction and powers of the court of the Judicial Commissioner with respect to any of the
matters in the State List or the Concurrent List in the Seventh Schedule to the Constitution.
23. Special provisions as to financial Bills.―(1) A Bill or amendment shall not be introduced into,
or moved in, the Legislative Assembly of 1
[the Union territory] except on the recommendation of the
Administrator, if such Bill or Amendment makes provision for any of the following matters, namely:―
(a) the imposition, abolition, remission, alteration or regulation of any tax;
(b) the amendment of the law with respect to any financial obligations undertaken or to be
undertaken by the Government of the Union territory;
(c) the appropriation of moneys out of the Consolidated Fund of the Union territory;
(d) the declaring of any expenditure to be expenditure charged on the Consolidated Fund of the
Union territory or the increasing of the amount of any such expenditure;
2
[(e) the receipt of money on account of the Consolidated Fund of the Union territory or the
public account of the Union territory or the custody or issue of such money or the audit of the account
of the Union territory:]
Provided that no recommendation shall be required under this sub-section for the moving of an
amendment making provision for the reduction or abolition of any tax.
(2) A Bill or Amendment shall not be deemed to make provision for any of the matters aforesaid by
reason only that it provides for the imposition of fines or other pecuniary penalties, or for the demand or
payment of fees for licences or fees for services rendered, or by reason that it provides for the imposition,
abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes.
(3) A Bill which, if enacted and brought into operation, would involve expenditure from the
Consolidated Fund of 1
[the Union territory] shall not be passed by the Legislative Assembly of the Union
territory unless the Administrator has recommended to that Assembly the consideration of the Bill.
1. Subs. by Act 18 of 1987, s. 65 for “a Union territory” (w.e.f. 30-5-1987).
2. Subs. by Act 38 of 2001, s. 2, for clause (e) (w.e.f. 10-5-2006).
13
24. Procedure as to lapsing of Bills.―(1) A Bill pending in the Legislative Assembly of 1
[the Union
territory] shall not lapse by reason of the prorogation of the Assembly.
(2) A Bill which is pending in the Legislative Assembly of 1
[the Union territory] shall lapse on a
dissolution of the Assembly.
2
[25. Assent to Bills.―When a Bill has been passed by the Legislative Assembly of 1
[the Union
territory], it shall be presented to the Administrator and the Administrator shall declare either that he
assents to the Bill or that he withholds assent therefrom or that he reserves the Bill for the consideration
of the President:
Provided that the Administrator may, as soon as possible after the presentation of the Bill to him for
assent, return the Bill if it is not a Money Bill together with a message requesting that the Assembly will
reconsider the Bill or any specified provisions thereof, and, in particular, will consider the desirability of
introducing any such amendments as he may recommend in his message and, when a Bill is so returned,
the Assembly will reconsider the Bill accordingly, and if the Bill is passed again with or without
amendment and presented to the Administrator for assent, the Administrator shall declare either that he
assents to the Bill or that he reserves the Bill for the consideration of the President:
Provided further that the Administrator shall not assent to, but shall reserve for the consideration of
the President, any Bill which,―
(a) in the opinion of the Administrator would, if it became law, so derogate from the powers of
the High Court as to endanger the position which that Court is, by the Constitution, designed to fill; or
(b) relates to any of the matters specified in clause (1) of article 31A; or
(c) the President may, by order, direct to be reserved for his consideration; or
(d) relates to matters referred to in sub-section (5) or section 7 or section 17 or section 34 or
sub-section (6) of section 45 or in entry 1 or entry 2 of the State List in the Seventh Schedule to the
Constitution:
Provided also that without prejudice to the provisions of the second proviso, the Administrator shall
not assent to, but shall reserve for the consideration of the President, any Bill which has been passed by
the Legislative Assembly of the Union territory of Mizoram and which relates to any area comprised in
any autonomous district in that Union territory under the Sixth Schedule to the Constitution.
Explanation.―For the purposes of this section and section 25A, a Bill shall be deemed to be a Money
Bill if it contains only provisions dealing with all or any of the matters specified in sub-section (1) of
section 23 or any matter incidental to any of those matters and, in either case, there is endorsed thereon
the certificate of the Speaker of the Legislative Assembly signed by him that it is a Money Bill.
25A. Bills reserved for consideration.―When a Bill is reserved by an Administrator for the
consideration of the President, the President shall declare either that he assents to the Bill or that he
withholds assent therefrom:
1. Subs. by Act 18 of 1987, s. 65, for “a Union territory” (w.e.f. 30-5-1987).
2. Subs. by Act 83 of 1971, s. 7, for section 25 (w.e.f. 16-2-1972).
14
Provided that where the Bill is not a Money Bill, the President may direct the Administrator to return
the Bill to the Legislative Assembly together with such a message as is mentioned in the first proviso to
section 25 and, when a Bill is so returned, the Assembly shall reconsider it accordingly within a period of
six months from the date of receipt of such message and, if it is again passed by the Assembly with or
without amendment, it shall be presented again to the President for his consideration.]
26. Requirements as to sanction and recommendations to be regarded as matters of procedure
only.―No Act of the Legislative Assembly of 1
[the Union territory] no provision in any such Act, shall
be invalid by reason only that some previous sanction or recommendation required by this Act was not
given, if assent to that Act was given 2
[by the Administrator, or, on being reserved by the Administrator
for the consideration of the President, by the President].
27. Annual financial statement.―(1) The Administrator of each Union territory shall in respect of
every financial year cause to be laid before the Legislative Assembly of the Union territory, with the
previous approval of the President, a statement of the estimated receipts and expenditure of the Union
territory for that year, in this Part referred to as the “annual financial statement”.
(2) The estimates of expenditure embodied in the annual financial statement shall show separately—
(a) the sums required to meet expenditure described by this Act as expenditure charged upon the
Consolidated Fund of the Union territory, and
(b) the sums required to meet other expenditure proposed to be made from the Consolidated Fund
of the Union territory;
and shall distinguish expenditure on revenue account from other expenditure.
(3) The following expenditure shall be expenditure charged on the Consolidated Fund of each Union
territory:―
(a) the emoluments and allowances of the Administrator and other expenditure relating to his
office as determined by the President by general or special order;
(b) the charges payable in respect of loans advanced to the Union territory from the Consolidated
Fund of India including interest, sinking fund charges and redemption charges, and other expenditure
connected therewith;
(c) the salaries and allowances of the Speaker and the Deputy Speaker of the Legislative
Assembly;
(d) expenditure in respect of the salaries and allowances of a Judicial Commissioner;
(e) any sums required to satisfy any judgment, decree or award of any court or arbitral tribunal;
(f) expenditure incurred by the Administrator in the discharge of his special responsibility;
(g) any other expenditure declared by the Constitution or by law made by Parliament or by the
Legislative Assembly of the Union territory to be so charged.
1. Subs. by Act 18 of 1987, s. 65, for “a Union territory” (w.e.f. 30-5-1987).
2. Subs. by Act 29 of 1975, s. 5, for “by the President” (w.e.f. 15- 8-1975).
15
28. Procedure in Legislative Assembly with respect to estimates.―(1) So much of the estimates as
relates to expenditure charged upon the Consolidated Fund of 1
[the Union territory] shall not be submitted
to the vote of the Legislative Assembly of 1
[the Union territory], but nothing in this sub-section shall be
construed as preventing the discussion in the Legislative Assembly of any of those estimates.
(2) So much of the said estimates as relates to other expenditure shall be submitted in the form of
demands for grants to the Legislative Assembly, and the Legislative Assembly shall have power to assent,
or to refuse to assent, to any demand, or to assent to any demand subject to a reduction of the amount
specified therein.
(3) No demand for a grant shall be made except on the recommendation of the Administrator.
29. Appropriation Bills.―(1) As soon as may be after the grants under section 28 have been made
by the Assembly, there shall be introduced a Bill to provide for the appropriation out of the Consolidated
Fund of the Union territory of all moneys required to meet—
(a) the grants so made by the Assembly, and
(b) the expenditure charged on the Consolidated Fund of the Union territory but not exceeding in
any case the amount shown in the statement previously laid before the Assembly.
(2) No amendment shall be proposed to any such Bill in the Legislative Assembly which will have the
effect of varying the amount or altering the destination of any grant so made or of varying the amount of
any expenditure charged on the Consolidated Fund of the Union territory and the decision of the person
presiding as to whether an amendment is inadmissible under this sub-section shall be final.
(3) Subject to the other provisions of this Act, no money shall be withdrawn from the Consolidated
Fund of the Union territory except under appropriation made by law passed in accordance with the
provisions of this section.
30. Supplementary, additional or excess grants.―(1) The Administrator shall—
(a) if the amount authorised by any law made in accordance with the provisions of section 29 to
be expended for a particular service for the current financial year is found to be insufficient for the
purposes of that year or when a need has arisen during the current financial year for supplementary or
additional expenditure upon some new service not contemplated in the annual financial statement for
that year, or
(b) if any money has been spent on any service during a financial year in excess of the amount
granted for that service and for that year,
cause to be laid before the Legislative Assembly of the Union territory, with the previous approval of the
President, another statement showing the estimated amount of that expenditure or cause to be presented to
the Legislative Assembly of the Union territory with such previous approval a demand for such excess, as
the case may be.
(2) The provisions of sections 27, 28 and 29 shall have effect in relation to any such statement and
expenditure or demand and also to any law to be made authorising the appropriation of moneys out of the
1. Subs. by Act 18 of 1987, s. 65, for “a Union territory” (w.e.f. 30-5-1987).
16
Consolidated Fund of the Union territory to meet such expenditure or the grant in respect of such demand
as they have effect in relation to the annual financial statement and the expenditure mentioned therein or
to a demand for a grant and the law to be made for the authorisation of appropriation of moneys out of the
Consolidated Fund of the Union territory to meet such expenditure or grant.
31. Votes on account.―(1) Notwithstanding anything in the foregoing provisions of this Part, the
Legislative Assembly of 1
[the Union territory] shall have power to make any grant in advance in respect
of the estimated expenditure for a part of any financial year pending the completion of the procedure
prescribed in section 28 for the voting of such grant and the passing of the law in accordance with the
provisions of section 29 in relation to that expenditure and the Legislative Assembly shall have power to
authorise by law the withdrawal of moneys from the Consolidated Fund of the Union territory for the
purposes for which the said grant is made.
(2) The provisions of sections 28 and 29 shall have effect in relation to the making of any grant under
sub-section (1) or to any law to be made under that sub-section as they have effect in relation to the
making of a grant with regard to any expenditure mentioned in the annual financial statement and the law
to be made for the authorisation of appropriation of moneys out of the Consolidated Fund of the Union
territory to meet such expenditure.
32. AuthorisationofexpenditurependingitssanctionbyLegislativeAssembly.― Notwithstanding
anything in the foregoing provisions of this Part, the Administrator may authorise such expenditure from
the Consolidated Fund of the Union territory as he deems necessary for a period of not more than six
months beginning with the date of the constitution of the Consolidated Fund of the Union territory,
pending the sanction of such expenditure by the Legislative Assembly of the Union territory.
33. Rules of procedure.―(1) The Legislative Assembly of 1
[the union territory] may make rules for
regulating, subject to the provisions of this Act, its procedure and the conduct of its business:
Provided that the Administrator shall, after consultation with the Speaker of the Legislative Assembly
and with the approval of the President, make rules—
(a) for securing the timely completion of financial business;
(b) for regulating the procedure of, and the conduct of business in, the Legislative Assembly in
relation to any financial matter or to any Bill for the appropriation of moneys out of the Consolidated
Fund of the Union territory;
(c) for prohibiting the discussion of, or the asking of questions on, any matter which affects the
discharge of the functions of the Administrator in so far as he is required by this Act to act in his
discretion.
(2) Until rules are made under sub-section (1), the rules of procedure and standing orders with respect
to the Legislative Assembly of the State of Uttar Pradesh in force immediately before the commencement
of this Act in 2
[the Union territory] shall have effect in relation to the Legislative Assembly of that Union
territory subject to such modifications and adaptations as may be made therein by the Administrator:
1. Subs. by Act 18 of 1987, s. 65, for “a Union territory” (w.e.f. 30-5-1987).
2. Subs. by s. 65, ibid., for “any Union territory” (w.e.f. 30-5-1987).
17
1
* * * * *
34. Official language or languages of Union territory and language or languages to be used in
Legislative Assembly thereof.―(1) The Legislative Assembly of 2
[the Union territory] may by law
adopt any one or more of the languages in use in the Union territory or Hindi as the official language or
languages to be used for all or any of the official purposes of the Union territory:
Provided that so long as the Legislative Assembly of the Union territory of Pondicherry does not
decide otherwise, the French language shall continue to be used as an official language of that Union
territory for the same official purposes for which it was being used in that territory immediately before the
commencement of this Act:
Provided further that the President may be order direct—
(i) that the official language of the Union shall be adopted for such of the official purposes of the
Union territory as may be specified in the order;
(ii) that any other language shall also be adopted throughout the Union territory or such part
thereof for such of the official purposes of the Union territory as may be specified in the order, if the
President is satisfied that a substantial proportion of the population of the Union territory desires the
use of that other language for all or any of such purposes.
(2) The business in the Legislative Assembly of 2
[the Union territory] shall be transacted in the
official language or languages of the Union territory or in Hindi or in English:
Provided that the Speaker of the Legislative Assembly or person acting as such, as the case may be,
may permit any member who cannot adequately express himself in any of the languages aforesaid to
address the Assembly in his mother-tongue.
35. Language to be used for Acts, Bills, etc.―Notwithstanding anything contained in section 34,
until Parliament by law otherwise provides, the authoritative texts—
(a) of all Bills to be introduced or amendments thereto to be moved in the Legislative Assembly
of 2
[the Union territory],
(b) of all Acts passed by the Legislative Assembly of 2
[the Union territory], and
(c) of all orders, rules, regulations and bye-laws issued under any law made by the Legislative
Assembly of 2
[the Union territory],
shall be in the English language:
Provided that where the Legislative Assembly of 2
[the Union territory] has prescribed any language
other than the English language for use in Bills introduced in, or Acts passed by, the Legislative
Assembly of the Union territory or in any order, rule, regulation or bye-law issued under any law made by
the Legislative Assembly of the Union territory, a translation of the same in the English language
published under the authority of the Administrator in the Official Gazette shall be deemed to be the
authoritative text thereof in the English language.
1. The proviso omitted by Act 69 of 1986, s. 44 (w.e.f. 20-2-1987).
2. Subs. by Act 18 of 1987, s. 65, for “a Union territory” (w.e.f. 30-5-1987).
18
36. Restriction on discussion in the Legislative Assembly.―No discussion shall take place in the
Legislative Assembly of 1
[the Union territory] with respect to the conduct of any Judicial Commissioner
or of any judge of the Supreme Court or of a High Court in the discharge of his duties.
37. Courts not to inquire into proceedings of Legislative Assembly.―(1) The validity of any
proceedings in the Legislative Assembly of 1
[the Union territory] shall not be called in question on the
ground of any alleged irregularity of procedure.
(2) No officer or member of the Legislative Assembly of1
[the Union territory] in whom powers are
vested by or under this Act for regulating procedure or the conduct of business, or for maintaining order
in the Legislative Assembly shall be subject to the jurisdiction of any court in respect of the exercise by
him of those powers.