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The Goa, Daman and Diu Reorganisation Act, 1987

The Goa, Daman and Diu Reorganisation Act have been incorporated on 9th July 1987. Goa got freedom from Portugal and joined in Union of India in 19th December 1961. The enactments in India provided the Status of Union Territory on territories of Goa, Daman and Diu retrospectively on 20th December 1961.

This Act provided Statehood to the territory of Goa in 1987, whereas Daman and Diu continued its status as Union Territories. Our Indian Constitution also got its amendment by including Goa as a State, Daman and Diu as a Union Territories. Immediately after the status given, there conducted the Election in which two seats were allotted to the State of Goa and one seat for Union territory of Daman and Diu in the House of People and the First Schedule of the Representation of People Act, 1950 shall be amended accordingly.

The Union Territory of Daman and Diu shall become a Parliamentary Constituency from the date of its existence. There were several other parliamentary Constituencies of the State of Goa. So, the Union Territory of Daman and Diu should compromise its Parliamentary Constituency. The Sitting Members of the House of People representing Panaji Constituency and Mormugao Constituency becomes the Parliamentary Constituencies of the State of Goa.

The State of Goa must contain forty seats in Legislative Assembly on or after it came into existence by direct election from the assembly constituencies. The Second Schedule of the Representation of People Act, 1950 shall get amended accordingly. The Provision Legislative assembly of the State has to be duly constituted and summoned for the First Session with the members elected in the territorial constituencies other than the members of the Union Territory of Daman and Diu. Until the existence of this Provisional Legislative Assembly, it shall be the Legal Assembly of the State and shall perform all the duties as prescribed by Indian Constitution. The members of this assembly also deemed to be the members of Legislative Assembly.

The Speaker remains the same as before the appointment day of the Legislative Assembly of the Union Territory. The rules and procedures also not changed until there are any modifications or alterations before the appointment date. The Election Commission shall distribute the seats assigned to the Legislative assembly of the State of Goa making sure that all the constituencies are geographically condensed area and in demarcating be based on physical nature, existing boundaries, etc,.

In order to assist the Election Commission, the associative members were appointed from the members of the House of People and six other members from the Legislative assembly having no voting or signing rights. In case of any resignation or death of such member, the Election Commissions shall notify in the Official Gazette, its offer for delimiting the Constituencies with the dissenting offer and also invite objections with the specification of date. On the date specified the Legislative assembly shall decide upon this matter. The Election Commission shall at any time notify any mistakes or error occurs in delimiting the boundaries or any other alterations that are to be notified as prescribed in this Act. Likewise delimitation is also made to Schedule Castes and Schedule Tribes upon which several Acts in pursuance to SC ST has been amended and such other Acts stood repealed.

In case of judicial proceedings there is one common High Court for Maharashtra, Goa, Dadra, Nagar Haveli, Daman and Diu. It is High Court of Bombay. The Judicial Officers, Judges shall entertain the matters with regard to these places having Jurisdiction limit as prescribed by the laws in force. The salaries and other benefits for the Judges and such other Judicial Officers, etc, shall be allotted within these places as per the President’s Order.

In case of Advocate Act, 1961, several provisions have been substituted. Likewise the States of Maharashtra, Goa and Union Territories of Dadra, Nagar Haveli, Daman and Diu shall be known as Bar Council of Maharashtra and Goa. The Advocate-General is an ex-officio member. All Advocates who are in practice shall practice as a member of Bar Council of Maharashtra and Goa. Everything including the custody of seal shall be in the name of Common Court.

The President by Order shall release to meet the expenditure from the Consolidated Fund within six months to the Legislature to perform its duty as allotted to it. The Governor of the State of Goa shall allot the fund even after six months if it deems fit. The President shall also allot funds to the Union Territory of Daman and Diu within six months.

The reports and all other relevant Account Statements shall be controlled and maintained by the Comptroller and Auditor-General of the State of Goa. All assets and liabilities were provided and settled down with the fund allotted to the State of Goa. The Land, articles, stores, Goods, cash balance, etc, were provided. Several incomes arise to the State and Union Territory by the Central Government. Likewise all the liabilities have to be meet out by the State through the funds allotted and maintained. The liabilities includes liability to guarantor, actionable wrong, Items in suspense, etc,. The Central Government shall have the rights to allocate the funds and distribute in an order as it deems fit and necessary with the consultation of the State.

The State shall maintain a separate treasury department wherein an Administrator shall perform such duty that is prescribed. This Administrator shall get all benefits that are prescribed including Pension. There are certain provisions with regard to arrangements, Corporations, services and inter-State agreements. All the arrangements shall proceed as such unless there comes any modifications or any alterations. The Cooperative banks have to commence its business within three months from the appointment day. There are temporary provisions for continuance of existing road transport permit and special provisions for Income tax and relating to retrenchment compensation. There were several other legal and miscellaneous provisions followed by. This Act clearly shows as to how the State of Goa and Union Territory of Daman and Diu has been included in the Union of India and its effect to reorganize and their effects in Indian Constitution.

by C.Srivenkatesh Prabhu.