47. Consolidated Fund of the Union territory.―(1) As from such date1
as the Central Government
may, by notification in the Official Gazette, appoint in this behalf, all revenues received in 2
[the Union
territory] by the Government of India or the Administrator of the Union territory in relation to any matter
with respect to which the Legislative Assembly of the Union territory has power to make laws, and all
grants made and 3
[all loans advanced to the Union territory from the Consolidated Fund of India and all
loans raised by the Government of India or the Administrator of the Union territory upon the security of
the Consolidated Fund of the Union territory] and all moneys received by the Union territory in
repayment of loans shall form one Consolidated Fund to be entitled “the Consolidated Fund of the Union
territory”.
(2) No moneys out of the Consolidated Fund of 2
[the Union territory] shall be appropriated except in
accordance with, and for the purposes and in the manner provided in, this Act.
(3) The custody of the Consolidated Fund of 2
[the Union territory], the payment of moneys into such
Fund, the withdrawal of moneys therefrom and all other matters connected with or ancillary to those
matters shall be regulated by rules made by the Administrator with the approval of the President.
4
[47A. Public Account of the Union territory and moneys credited to it.―(1) As from such date
as the Central Government may, by notification in the Official Gazette, appoint in this behalf, all other
public moneys received by or on behalf of the Administrator shall be credited to a Public Account entitled
“the Public Account of the Union territory”.
(2) The custody of public moneys, other than those credited to the Consolidated Fund of the Union
territory or the Contingency Fund of the Union territory, received by or on behalf of the Administrator,
their payment into the Public Account of the Union territory and the withdrawal of moneys from such
account and all other matters connected with or ancillary to the aforesaid matters shall be regulated by
rules made by the Administrator with the approval of the President.]
48. Contingency Fund of the Union territory.―(1) There shall be established a Contingency Fund
in the nature of an imprest to be entitled “the Contingency Fund of the Union territory, into which shall be
paid from and out of the Consolidated Fund of the Union territory such sums as may, from time to time,
1. The Consolidated Fund of the Union Territory of Mizoram shall come into existence (w.e.f. 3-5-1972): vide Notification No.
S. O. 330(E), dated 1-4-1972, Gazette of India, Extraordinary, Pt. II, Sec. 3(ii) and the Consolidated Fund of the Union territory
of Arunachal Pradesh shall come into existence (w.e.f. 15-8-1975): vide Notification No. S.O. 400(E), dated 31-7-1975.
2. Subs. by Act 18 of 1987, s. 65, for “a Union territory” (w.e.f. 30-5-1987).
3. Subs. by Act 38 of 2001, s. 3, for “all loans advanced to the Union territory from the Consolidated Fund of India”
(w.e.f. 10-5-2006).
4. Ins. by s. 4, ibid. (w.e.f. 10-5-2006).
27
be determined by law made by the Legislative Assembly of the Union territory; and the said Fund shall be
held by the Administrator to enable advances to be made by him out of such Fund.
(2) No advances shall be made out of the Contingency Fund of the Union territory except for the
purposes of meeting unforeseen expenditure pending authorisation of such expenditure by the Legislative
Assembly of the Union territory under appropriations made by law.
(3) The Administrator may make rules regulating all matters connected with or ancillary to the
custody of, the payment of moneys into, and the withdrawal of moneys from, the Contingency Fund of
the Union territory.
1
[48A. Borrowing upon the security of the Consolidated Fund of Union Territory.―(1) The
executive power of the Union extends to borrowing upon the security of the Consolidated Fund of the
Union territory within such limits, if any, as may, from time to time, be fixed by Parliament by law and to
the giving of guarantees within such limits, if any, as may be so fixed:
Provided that the powers exercisable by the Government of India under this sub-section shall also be
exercisable by the Administrator subject to such conditions, if any, as the Government of India may think
fit to impose.
(2) Any sums required for the purpose of invoking a guarantee shall be charged on the Consolidated
Fund of the Union territory.
48B. Form of accounts of the Union territory.―The accounts of the Union territory shall be kept in
such form as the Administrator may, after obtaining advice of the Comptroller and Auditor-General of
India and with the approval of the President, prescribe by rules.]
49. Audit reports.―The reports of the Comptroller and Auditor-General of India relating to the
accounts of 2
[the Union territory] for any period subsequent to the date referred to in sub-section (1) of
section 47 shall be submitted to the Administrator who shall cause them to be laid before the Legislative
Assembly of the Union territory.
50. Relation of Administrator and his Ministers to President.― Notwithstanding anything in this
Act, the Administrator and his Council of Ministers shall be under the general control of, and comply
with such particular directions, if any, as may from time to time be given by, the President
51. Provision in case of failure of constitutional machinery.―If the President, on receipt of a
report from the Administrator of 2
[the Union territory] or otherwise, is satisfied,―
(a) that a situation has arisen in which the administration of the Union territory cannot be carried
on in accordance with the provisions of this Act, or
(b) that for the proper administration of the Union territory it is necessary or expedient so to do,
the President may, by order, suspend the operation of all or any of the provisions of this Act for such
period as he thinks fit and make such incidental and consequential provisions as may appear to him to be
necessary or expedient for administering the Union territory in accordance with the provisions of article
239.
1. Ins. by Act 38 of 2001, s. 5, (w.e.f. 10-5-2006).
2. Subs. by Act 18 of 1987, s. 65, for “a Union territory” (w.e.f. 30-5-1987).
28
1
[52. Authorisation of expenditure by President.―Where the Legislative Assembly of 2
[the Union
territory] is dissolved, or its functioning as such Assembly remains suspended, on account of an order
under section 51, it shall be competent for the President to authorise when the House of the People is not
in session expenditure from the Consolidated Fund of that Union territory pending the sanction of such
expenditure by Parliament.]
53. Provisions for election to Parliament from Goa, Daman and Diu, and Pondicherry.―(1) As
soon as practicable after the commencement of this Act, elections shall be held in accordance with law―
(a) to fill the seats in the House of the People allotted to the Union territory of Goa, Daman and
Diu; and
(b) to fill the seat in the House of the People and the seat in the Council of States allotted to the
Union territory of Pondicherry.
(2) Notwithstanding anything contained in any other law for the time being in force, the members
nominated to represent the Union territory of Goa, Daman and Diu in the House of the People shall
continue to be such until the election of the members to fill the two seats in that House allotted to that
Union territory:
Provided that where the dates of election of the members are different, the members so nominated
shall cease to be members of that House on the earlier of those two dates.
Explanation.―In this sub-section, the expression “date of election” has the same meaning as in
section 67A of the Representation of the People Act, 1951 (43 of 1951).
3
[54. Transitional provisions for administration of justice in certain areas in the Union territory
of Mizoram.―On and from the commencement of this Act in the Union territory of Mizoram and until
other provisions in this behalf are made by a competent Legislature or other competent authority, the
administration of justice in those areas of that Union territory which are not comprised in any autonomous
district under the Sixth Schedule to the Constitution shall be carried on, so far as may be, in accordance
with the provisions of paragraphs 4 and 5 of that Schedule, as if those areas were comprised in an
autonomous district under that Schedule and the provisions of the said paragraphs were in force in those
areas and for this purpose,―
(i) all powers and functions of a District Council under the provisions of the said paragraph 4
shall be exercised and discharged by the Administrator or any officer appointed by him in this behalf;
(ii) the said paragraph 5 shall have effect as if references to the District Council, the Regional
Council and the courts constituted by the District Council, by whatever form of words, had been
omitted therefrom; and
(iii) references to Governor in the said paragraphs 4 and 5 shall be construed as references to the
Administrator.]
1. Ins. by Act 1 of 1980, s. 2 (w.e.f. 25-9-1979).
2. Subs. by Act 18 of 1987, s. 65, for “a Union territory” (w.e.f. 30-5-1987).
3. Subs. by Act 83 of 1971, s. 12, for section 54 (w.e.f. 16-2-1972).
29
1
[54A. Provision as to provisional Legislative Assembly of Arunachal Pradesh.―(1)
Notwithstanding anything contained in this Act (including provisions relating to the strength of the
Legislative Assembly of the Union territory of Arunachal Pradesh), until the Legislative Assembly of the
Union territory of Arunachal Pradesh has been duly constituted and summoned to meet for the first
session under and in accordance with the provisions of this Act, there shall be a provisional Legislative
Assembly which shall consist of members, being those persons referred to in clauses (b), (c) and (d) of
section 3 of the North-East Frontier Agency (Administration) Supplementary Regulation, 1971 (4 of
1971) and who are functioning, immediately before the commencement of this Act in the Union territory
of Arunachal Pradesh, as members of the Pradesh Council constituted under the said section 3.
(2) The term of office of the members of the provisional Legislative Assembly shall expire
immediately before the first meeting of the Legislative Assembly duly constituted after the first general
election to that Assembly.
(3) The provisional Legislative Assembly constituted under this section shall, for so long as it is in
existence, be deemed to be the Legislative Assembly duly constituted under this Act and accordingly the
other provisions of this Act, so far as may be, apply in relation to the provisional Legislative Assembly as
they apply in relation to the Legislative Assembly.]
55. Contracts and suits.―For the removal of doubts it is hereby declared that—
(a) all contracts in connection with the administration of 2
[the Union territory] are contracts made
in the exercise of the executive power of the Union;
(b) all suits and proceedings in connection with the administration of 2
[the Union territory] shall
be instituted by or against the Government of India.
56. Power of President to remove difficulties.―If any difficulty arises in relation to the transition
from the provisions of any of the laws repealed by this Act or in giving effect to the provisions of this Act
and, in particular, in relation to the constitution of the Legislative Assembly for 3
[the Union territory], the
President may by order do anything not inconsistent with the provisions of this Act which appear to him
to be necessary or expedient for the purpose of removing the difficulty.
57. Amendment to certain enactments.―(1) The enactments specified in the Second Schedule―
(a) shall, together with all rules, notifications and orders made or issued thereunder, extend to and
come into force in the Union territories of Goa, Daman and Diu, and Pondicherry; and
(b) shall be subject to the amendments mentioned in the fourth column of the said Schedule.
(2) All things done, and all steps taken, before the commencement of this Act in connection with the
preparation or revision of electoral rolls for the purpose of elections to the House of the People from the
Union territories of Goa, Daman and Diu, and Pondicherry, and to the Legislative Assemblies of those
Union territories shall, in so far as they are in conformity with the provisions of the Representation of the
People Act, 1950 (43 of 1950), as amended by this Act, be deemed to have been done in accordance with
law.
1. Ins. by Act 29 of 1975, s. 10 (w.e.f. 15-8-1975).
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 “any Union territory” (w.e.f. 30-5-1987).
30
58. Repeal and savings.―(1) The following laws are hereby repealed:―
(a) the Territorial Councils Act, 1956 (103 of 1956);
(b) the Decree No. 46-2381, dated the 25th October, 1946, as subsequently amended, relating to
the Representative Assembly of the State of Pondicherry;
(c) the Decree No. 47-1490, dated the 12th August, 1947, as subsequently amended, relating to
the setting up of a Council of Government in the State of Pondicherry;
(d) the State of Pondicherry (Representation of the People) Order, 1955, in so far as it relates to
the Representative Assembly of Pondicherry.
(2) Notwithstanding the repeal of the Territorial Councils Act, 1956 (103 of 1956),―
(a) every officer and other employee of the Territorial Council of 1
[the Union territory] serving
under the Council immediately before such repeal shall become an officer or other employee of
Government and shall be employed in connection with the administration of the Union territory with
such designation as the Administrator may determine and shall hold office by the same tenure and at
the same remuneration and on the same terms and conditions of service as he would have but for such
repeal held the same and shall continue to do so unless and until such tenure, remuneration and terms
and conditions are duly altered by the Administrator:
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 disadvantage without the previous sanction of the Central
Government;
(ii) any service rendered by any such officer or other employee before such repeal shall be
deemed to be service rendered in connection with the administration of the Union territory;
(iii) the Administrator may employ any such officer or other employee in the discharge of such
functions as the Administrator may think proper and every such officer or other employee shall
discharge those functions accordingly;
(b) anything done or any action taken (including any notification, order, scheme, rule, form,
notice or bye-law made or issued, any licence or permission granted) under the repealed Act shall in
so far as it is not inconsistent with the provisions of this Act, continue in force unless and until it is
superseded by anything done or any action taken in accordance with law;
(c) all debts, obligations and liabilities incurred, all contracts entered into and all matters and
things engaged to be done by, with 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 purposes of the administration of the Union territory;
(d) all assessments, valuations, measurements or divisions made by the Territorial Council shall,
in so far as they are not inconsistent with the provisions of this Act, continue in force unless and until
1. Subs. by Act 18 of 1987, s. 65, for “a Union territory” (w.e.f. 30-5-1987).
31
they are superseded by any assessment, valuation, measurement or division made by the
Administrator in accordance with law;
(e) all properties, movable and immovable, and all interests of whatsoever nature and kind, vested
in the Territorial Council immediately before such repeal shall, with all rights of whatsoever
description, used, enjoyed or possessed by that Council, vest in the Union for the purposes of the
administration of the Union territory;
(f) all rates, taxes, cesses, fees, rents, fares and other charges which immediately before such
repeal were being lawfully levied by the Territorial Council shall continue to be levied at the same
rate at which they were being levied by the Council immediately before such repeal until provision to
the contrary is made by law;
(g) all rates, taxes, cesses, fees, rents, fares and other charges due to the Territorial Council
immediately before such repeal shall be deemed to be due to the Union in connection with the
administration of the Union territory;
(h) all suits, prosecutions and other legal proceedings instituted or which might have been
instituted by or against the Territorial Council may be continued or instituted by or against the
Government of India.