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The Dadra and Nagar Haveli and Daman and Diu (Merger of Union Territories) Bill, 2019

SECTION Section 1

Untitled Section

THE DADRA AND NAGAR HA VELI AND DAMAN AND DIU
(MERGER OF UNION TERRITORIES) BILL, 2019
A
BILL
to provide for merger of Union territories of Dadra and Nagar Haveli and Daman and
Diu and for matters connected therewith.
BE it enacted by Parliament in the Seventieth Year of the Republic of India as
follows:—
PART I
PRELIMINARY
SECTION Section 10

Untitled Section

9.Subject to the other provisions of this Part, all land and all stores, articles and
other goods held immediately before the appointed day, by the existing Union territories,
shall, on and from that day, vest in the Union territory of Dadra and Nagar Haveli and
Daman and Diu.
Explanation.— For the purposes of this section, the expression “land” includes
immovable property of every kind and any rights in or over such property and the
expression “goods” does not include coins, bank notes and currency notes.
10.The total of the cash balances in all treasuries, the Reserve Bank of India, the
State Bank of India and any nationalised bank, of the existing Union territories
immediately before the appointed day shall be merged in the Union territory of Dadra
and Nagar Haveli and Daman and Diu.
SECTION Section 11

Untitled Section

11.(1) The right to recover arrears of any tax or duty (including arrears of land
revenue) on any property situated in the existing Union territories shall vest in the
Union territory of Dadra and Nagar Haveli and Daman and Diu.
(2)The right to recover arrears of any tax or duty, other than a tax or duty specified
in sub-section ( 1), shall belong to the Union territory of Dadra and Nagar Haveli and
Daman and Diu.
SECTION Section 12

Untitled Section

12.The right to recover any loans or advances made by the existing Union
territories before the appointed day to any local body, society, agriculturist or other
person shall belong to the Union territory of Dadra and Nagar Haveli and Daman and
Diu.
13.The assets and liabilities relating to any commercial undertaking of the existing
Union territories shall vest in the Union territory of Dadra and Nagar Haveli and Daman
and Diu.
SECTION Section 13

Untitled Section

14.The liability of the Union to refund—
(a)any tax or duty on property, including land revenue collected in excess
shall go to the Union territory of Dadra and Nagar Haveli and Daman and Diu;
(b)any other tax or duty collected in excess shall go to the Union territory
of Dadra and Nagar Haveli and Daman and Diu.
PART VI
P
ROVISIONS AS TO SERVICES
SECTION Section 14

Untitled Section

15.The members of each of the All India Services borne on the existing Union
territories cadre immediately before the appointed day shall continue to be in the cadre
of the same service of the existing Union territory in which they stand allocated before
the appointed day.
43 of 1950.
Extension of
jurisdiction
of High Court
of Bombay.
Land and
goods.
Cash
balances.
Arrears of
tax.
Right to
recover loans
and advances.
Assets and
liabilities of
Union
territory
undertakings.
Refund of
taxes
collected in
excess.
Provisions
relating to All
India
Services.
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SECTION Section 15

Untitled Section

16.(1) Every person employed in connection with the affairs of the existing
Union territories and serving immediately before the appointed day in the existing
Union territories shall, on and from that day,—
(a)continue to serve in connection with the affairs of the Union territory of
Dadra and Nagar Haveli and Daman and Diu; and
(b)be deemed to be provisionally allotted to serve in connection with the
affairs of the Union territory of Dadra and Nagar Haveli and Daman and Diu:
Provided that nothing in clause (b) shall apply to a person to whom the
provisions of section 15 apply or to a person on deputation from any State.
(2)As soon as may be, after the appointed day, the Central Government shall by
general or special order, determine whether every person referred to in clause ( b) of
sub-section ( 1) shall be finally allotted for service in the Union territory of Dadra and
Nagar Haveli and Daman and Diu and the date with effect from which such allotment
shall take effect or be deemed to have taken effect.
(3)As soon as may be after the Central Government passes orders finally allotting
an employee in terms of sub-section ( 2), the Union territory of Dadra and Nagar Haveli
and Daman and Diu shall take steps to integrate the employee into the services under
its control in accordance with such special or general orders or instructions as may be
issued by the Central Government from time to time in this behalf.
(4)The Central Government may, by order establish one or more Advisory
Committees for the purpose of assisting it in regard to ensuring of fair and equitable
treatment to all persons affected by the provisions of this section and proper
consideration of any representations made by such persons:
Provided that notwithstanding anything to the contrary contained in any law for
the time being in force, no representation shall be against any order passed by the
competent authority on matters arising out of the division and integration of services
under this Act, on the expiry of three months from the date of publication or service of
such order, whichever is earlier:
Provided further that, notwithstanding anything contained in the preceding
proviso, the Central Government may suo motu or otherwise and for reasons to be
recorded, reopen any matter and pass such order thereon, as may appear to it to be
appropriate if it is satisfied that it is necessary so to do, in order to prevent any miscarriage
of justice to any affected employee.
(5)Nothing in this section shall be deemed to affect, on or after the appointed
day, the operation of the provisions of Chapter I of Part XIV of the Constitution in
relation to the determination of the conditions of service of persons serving in
connection with the affairs of the Union territory of Dadra and Nagar Haveli and Daman
and Diu:
Provided that the conditions of service applicable immediately before the appointed
day to the case of any person referred to in sub-section (1) or sub-section (2) shall not be
varied to his disadvantage except with the previous approval of the Central
Government.
(6)All services prior to the appointed day rendered by a person allotted under
sub-section (2) in connection with the affairs of the existing Union territories shall, for
the purposes of the rules regarding his conditions of service, be deemed to have been
rendered in connection with the affairs of the Union territory of Dadra and Nagar
Haveli and Daman and Diu.
(7)The provisions of this section other than clause (a) of sub-section (1) shall
not apply in relation to any person to whom the provisions of section 16 apply.
Provisions
relating to
other
services.
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PART VII
LEGAL AND MISCELLANEOUS PROVISIONS
SECTION Section 16

Untitled Section

17.All laws which immediately before the appointed day extend to, or are in force
in, existing Union territories shall, on and from the appointed day, continue to be in
force in those areas in respect of which they were in force immediately before that day.
SECTION Section 17

Untitled Section

18.Any court, tribunal or authority required or empowered to enforce any law
extended to the Union territory of Dadra and Nagar Haveli and Daman and Diu by
SECTION Section 18

Untitled Section

section 17 may, for the purpose of facilitating its application in relation to the Union
territory of Dadra and Nagar Haveli and Daman and Diu, construe the law in such
manner, without affecting the substance, as may be necessary or proper in regard to
the matter before the court, tribunal or authority.
SECTION Section 19

Untitled Section

19.For the purpose of facilitating the application of any law in relation to the
Union territory of Dadra and Nagar Haveli and Daman and Diu, the Central Government
may, before the expiration of two years from the appointed day, by order, make such
adaptations and modifications of the law, whether by way of repeal or amendment, as
may be necessary or expedient, and thereupon every such law shall have effect subject
to the adaptations and modifications so made until altered, repealed or amended by a
competent Legislature or other competent authority.
SECTION Section 2

Untitled Section

1.(1) This Act may be called the Dadra and Nagar Haveli and Daman and Diu
(Merger of Union territories) Act, 2019.
Short title and
commencement.
AS INTRODUCED IN LOK SABHA
Bill No. 366 of 2019
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(2)It shall come into force on such date as the Central Government may, by
notification in the Official Gazette, appoint.
SECTION Section 20

Untitled Section

20.Where, immediately before the appointed day, the existing Union territories is
a party to any legal proceedings with respect to any property, rights or liabilities
transferred to the Union territory of Dadra and Nagar Haveli and Daman and Diu under
this Act, the Union territory of Dadra and Nagar Haveli and Daman and Diu shall be
deemed to be substituted for the existing Union territories as a party to those
proceedings, or added as a party thereto, as the case may be, and the proceedings may
continue accordingly.
SECTION Section 21

Untitled Section

21.(1) Every proceeding pending immediately before the appointed day before
any court (other than a High Court), tribunal, authority or officer in any area which on
that day falls within the existing Union territories shall, stand transferred to the
corresponding court, tribunal, authority or officer in the Union territory of Dadra and
Nagar Haveli and Daman and Diu.
(2)In this section,—
(a)“proceeding” includes any suit, case or appeal; and
(b)“corresponding court, tribunal, authority or officer”, in the Union
territory of Dadra and Nagar Haveli and Daman and Diu, means—
(i)the court, tribunal, authority or officer in which, or before whom,
the proceeding would have laid if the proceeding had been instituted after
the appointed day, or
(ii) in case of doubt, such court, tribunal, authority or officer in that
Union territory as may be determined after the appointed day by the
Administrator of the Union territory of Dadra and Nagar Haveli and Daman
and Diu, or before the appointed day by the existing Union territories, to be
the corresponding court, tribunal, authority or officer.
Explanation.— For the purposes of this sub-section, “Administrator” means the
administrator appointed by the President under article 239 of the Constitution.
SECTION Section 22

Untitled Section

22.The provisions of this Act shall have effect notwithstanding
anything inconsistent therewith contained in any other law for the time being in
force.
Extension of
laws.
Power to
construe
laws.
Power to
adapt laws.
Legal
proceedings.
Transfer of
pending
proceeding.
Effect of
provisions
inconsistent
with other
laws.
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SECTION Section 23

Untitled Section

23.(1) If any difficulty arises in giving effect to the provisions of this Act, the
President may, by order, notified in the Official Gazette do anything not inconsistent
with such provisions which appears to him to be necessary or expedient for the purpose
of removing the difficulty:
Provided that no such order shall be made after the expiry of three years from the
appointed day.
(2)Every order made under this section shall be laid before each House of
Parliament.
Power to
remove
difficulties.
5
STATEMENT OF OBJECTS AND REASONS
The Union territories of Daman and Diu and the Dadra and Nagar Haveli are located in
western region of the country. Both Union territories were under the Portuguese rule for a
long time. They were liberated from Portuguese rule in December, 1961. Since 1961 to 1987,
the Daman and Diu were part of the Union territory of Goa, Daman and Diu. In 1987, when
Goa got statehood, Daman and Diu were made a separate Union territory. The Dadra and
Nagar Haveli was occupied by the Portuguese in June, 1783. Residents of Dadra and Nagar
Haveli got liberated themselves from the Portuguese rule on the 2nd August, 1954. Since,
1954 to 1961, the territory was administered by a citizen's council called the V arishta Panchayat
of Free Dadra and Nagar Haveli. In 1961, it was merged with the Republic of India and made
a Union territory.
SECTION Section 24

Untitled Section

2.The Union territories of Dadra and Nagar Haveli and Daman and Diu share a lot in
terms of administrative set up, history, language and culture. The Secretaries to various
Departments, Chief of Police and Chief Conservator of Forest of the both Union territories
are common and the officers of All-India Services posted by the Ministries of Home Affairs,
Environment and Forests serve both these territories as per their work allocation. Further,
the policies and development schemes in various sectors including Tourism, Industries,
Education, Information Technology are similar.
SECTION Section 25

Untitled Section

3.Besides these, there are two secretariats and parallel departments which consume
infrastructure and manpower in each Union territory. The Administrator, Secretaries, and
Heads of certain departments functions in both the Union territories on alternate days
affecting their availability to people and monitoring functioning of subordinate staff. The
subordinate employees of both the Union territories are separate. Further, various departments
of the Government of India have to co-ordinate with both the Union territories separately,
causing duplication of works.
SECTION Section 26

Untitled Section

4.Having two separate constitutional and administrative entities in both the Union
territories leads to lot of duplicacy, inefficiency and wasteful expenditure. Further, this also
causes unnecessary financial burden on the Government. Besides these, there are various
challenges for cadre management and career progression of employees.
SECTION Section 27

Untitled Section

5.In view of the policy of the Government to have "Minimum Government, Maximum
Governance", considering small population and limited geographical area of both the Union
territories and to use the services of officers efficiently, it has been decided to merge the
Union territories of Dadra and Nagar Haveli and Daman and Diu into a single Union territory.
Hence, a Bill, namely, the Union territories of Dadra and Nagar Haveli and Daman and Diu
(Merger of Union territories) Bill, 2019 is proposed for that purpose.
SECTION Section 28

Untitled Section

6.The Bill, inter alia, provides for,—
(a)better delivery of services to the citizens of both Union territories by improving
efficiency and reduction in paper work;
(b)reduction in administrative expenditure;
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(c)bringing uniformity in policies and schemes;
(d)better monitoring of schemes and projects;
(e)better management of cadres of various employees.
SECTION Section 29

Untitled Section

7.The Bill seeks to achieve the aforesaid objectives.
NEW DELHI; AMIT SHAH.
The 21st November, 2019.
LOK SABHA
————
A
BILL
to provide for merger of Union territories of Dadra and Nagar Haveli and Daman and
Diu and for matters connected therewith.
————
(Shri Amit Shah, Minister of Home Affairs)
MGIPMRND—3605LS(S3)—22-11-2019.
SECTION Section 3

Untitled Section

2.In this Act, unless the context otherwise requires,—
(a)“appointed day” means the day on which the Central Government may,
by notification, in the Official Gazette;
(b)“existing Union territories” means the Union territories of Dadra and
Nagar Haveli and Daman and Diu as existing immediately before the appointed
day;
(c)“law” includes any enactment, Ordinance, regulation, order, bye-law,
rule, scheme, notification or other instrument having a force of law in the whole
or in any part of the existing Union territories immediately before the appointed
day.
PART II
M
ERGER OF UNION TERRITORIES
SECTION Section 4

Untitled Section

3.On and from the appointed day, there shall be formed a new Union territory to
be known as the Union territory of Dadra and Nagar Haveli and Daman and Diu
comprising the territory of the existing Union territories, namely:—
Dadra and Nagar Haveli and Daman and Diu,
and thereupon the said territories shall have ceased to form part of the existing Union
territories.
SECTION Section 5

Untitled Section

4.In article 240 of the Constitution, in clause (1),—
(i)for entry (c), the following entry shall be substituted, namely:—
“(c) Dadra and Nagar Haveli and Daman and Diu;”;
(ii) entry (d) shall be omitted.
SECTION Section 6

Untitled Section

5.On and from the appointed day, in the First Schedule to the Constitution, under
the heading “II. THE UNION TERRITORIES”, for entries 4 and 5 and the corresponding
entries relating thereto, the following shall be substituted, namely:—
Name Extent
“4. Dadra and Nagar Haveli The territory which immediately
and Daman and Diu before the eleventh day of August,
1961 was comprised in Free Dadra
and Nagar Haveli and the
territories specified in section 4 of
the Goa, Daman and Diu
Reorganisation Act, 1987.”.
PART III
REPRESENTATION IN THE HOUSE OF THE PEOPLE
SECTION Section 7

Untitled Section

6.On and from the appointed day, there shall be allocated two seats to the Union
territory of Dadra and Nagar Haveli and Daman and Diu in the House of the People and
the First Schedule to the Representation of the People Act, 1950 shall be deemed to be
amended accordingly.
SECTION Section 8

Untitled Section

7.(1) Every sitting members of the House of the People representing any
Parliamentary constituency, which, on the appointed day, by virtue of the provisions
of section 5, stands allotted, with or without alteration of boundaries, be deemed to
have been elected to that House by that constituency.
Definitions.
Formation of
Union
territory of
Dadra and
Nagar Haveli
and Daman
and Diu.
Amendment
of article 240
of
Constitution.
Amendment
of the First
Schedule to
Constitution.
Allocation of
seats in
House of
People.43 of 1950.
Provisions as
to sitting
members.
18 of 1987.
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Explanation.— For the purposes of this sub-section “parliamentary constituency”
shall have the same meaning as assigned to it in the Representation of the People
Act, 1950.
(2)The term of office of such members shall remain unaltered.
PART IV
H
IGH COURT
SECTION Section 9

Untitled Section

8.On and from the appointed day, the jurisdiction of the High Court of Bombay
shall continue to extend to the Union territory of Dadra and Nagar Haveli and Daman
and Diu.
PART V
A
SSETS AND LIABILITIES