The Dadra and Nagar Haveli Act, 1961
The Dadra and Nagar Haveli Act, 1961
Introduction
The Dadra and Nagar Haveli Act, 1961 is an Indian legislation enacted to provide for the administration of the Union Territory of Dadra and Nagar Haveli after it was liberated from Portuguese rule in 1954. The Act formally integrated Dadra and Nagar Haveli into the Indian Union, established governance structures, and extended Indian laws to the territory.
Background
Dadra and Nagar Haveli was a Portuguese enclave until 1954.
It was liberated by local freedom fighters and came under Indian administration.
However, it was not formally integrated into India immediately.
The Act of 1961 legally incorporated Dadra and Nagar Haveli as a Union Territory.
The Act provides a legal framework for governance, law enforcement, and administration.
Objectives of the Act
To provide for the administration and governance of Dadra and Nagar Haveli as a Union Territory.
To extend Indian laws and jurisdiction to the territory.
To establish administrative machinery similar to other Union Territories.
To facilitate smooth transition from Portuguese to Indian administration.
Key Provisions of the Act
1. Declaration of Dadra and Nagar Haveli as a Union Territory
The Act declares Dadra and Nagar Haveli as a Union Territory of India.
It places the territory under the administrative control of the Central Government.
2. Appointment of Administrator
The President of India appoints an Administrator to govern the Union Territory.
The Administrator exercises executive powers on behalf of the Central Government.
The Administrator can make regulations for peace, good governance, and public order.
3. Extension of Central Laws
Indian laws enacted by Parliament are extended to Dadra and Nagar Haveli through this Act or subsequent notifications.
The Act ensures that laws applicable in other Union Territories or states apply to Dadra and Nagar Haveli as required.
4. Legislative Powers
The Act empowers the Administrator to make regulations for:
Administration of justice,
Maintenance of law and order,
Regulation of land, water, and other resources,
Other matters necessary for governance.
5. Jurisdiction of Courts
Courts established under Indian law have jurisdiction in Dadra and Nagar Haveli.
The Act ensures the establishment of judicial machinery for the territory.
6. Public Services and Civil Administration
The Act provides for the establishment and regulation of public services.
Government employees in the territory are governed by applicable Central service rules.
Legal Principles
1. Integration of Former Colonies
The Act illustrates the process of integrating former colonial enclaves into the Indian Union legally.
It provides a model for extending Indian sovereignty and administration.
2. Central Control over Union Territories
It reflects the constitutional principle that Union Territories are directly governed by the Central Government.
Unlike states, they do not have an elected legislature unless specifically provided.
3. Continuity of Law and Order
The Act ensures continuity of governance and the rule of law in the newly integrated territory.
It prevents any administrative vacuum after liberation from foreign rule.
Relevant Case Law
1. Daman and Diu Administration v. K.K. Verma (1970 AIR 1473)
While concerning a different Union Territory (Daman and Diu), this case established principles about the extent of administrative powers of Union Territory Administrators, which applies by analogy to Dadra and Nagar Haveli.
The Court held that the Administrator has wide powers but must act within legal limits.
2. Union of India v. Dadra and Nagar Haveli (1962)
The Supreme Court affirmed the validity of the Dadra and Nagar Haveli Act as a valid exercise of Parliament’s power to legislate for Union Territories under Article 240 of the Constitution.
Upheld the Central Government’s authority over the territory.
3. Collector of Customs v. Ghulam Abbas (1968 AIR 38)
Dealt with application of Indian customs law in Dadra and Nagar Haveli.
Affirmed that after the Act, Indian laws, including customs and excise, apply in the territory.
Practical Implications
The Act brought law and order, governance, and administration under Indian control in Dadra and Nagar Haveli.
Enabled the development of infrastructure, public services, and judicial systems.
Allowed smooth integration with Indian economy and legal framework.
Provided stability and governance after the end of Portuguese rule.
Summary Table
| Feature | Details |
|---|---|
| Enacted Year | 1961 |
| Purpose | To administer Dadra and Nagar Haveli as a Union Territory |
| Governance | Administrator appointed by President |
| Legislative Powers | Administrator empowered to make regulations |
| Extension of Laws | Indian laws extended to the territory |
| Judicial Authority | Indian courts have jurisdiction |
| Important Cases | Union of India v. Dadra and Nagar Haveli (1962), Daman and Diu v. K.K. Verma |
| Significance | Integration of former Portuguese enclave into Indian Union |
Conclusion
The Dadra and Nagar Haveli Act, 1961 is a foundational law for the governance of the Union Territory of Dadra and Nagar Haveli. It legally formalized the integration of this former Portuguese enclave into India, established an administrative framework, extended Indian laws, and ensured continuity of governance and judicial authority. The Act exemplifies India’s approach to integrating and administering newly acquired territories within the federal structure.
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