7
DOCUMENTS OF CONSTITUTIONAL AND
PARLIAMENTARY INTEREST
In his Address to members of both Houses of
Parliament on 25 October 1999, the President had stated that necessary action
would be initiated for the creation of the new States of Chhattisgarh,
Uttaranchal and Vananchal. Accordingly, on 25 July 2000, the Government
introduced in the Lok Sabha the Madhya Pradesh Reorganisation Bill, 2000 for
reconstituting the existing State of Madhya Pradesh into Madhya Pradesh and
Chhattisgarh; the Uttar Pradesh Reorganisation Bill, 2000 for reconstituting
the existing State of Uttar Pradesh into Uttar Pradesh and Uttaranchal; and the
Bihar Reorganisation Bill, 2000 for reconstituting the existing State of Bihar
into Bihar and Jharkhand. The Bills provided for the territories of the States
and made the necessary supplemental and incidental provisions relating to
representation in Parliament and in the State Legislatures, distribution of
revenues, apportionment of assets and liabilities, management and development
of water resources and other matters. The Uttar Pradesh Reorganisation Bill,
2000 also contained a clause for the continuance of the present level of ceilings
on land holding, as applicable in the existing State of Uttar Pradesh, in the
successor States.
The Madhya Pradesh Reorganisation Bill, 2000 was
passed by the Lok Sabha on 31 July 2000 and by the Rajya Sabha on 9 August
2000. Amendments made by the Rajya Sabha in the Bill was agreed to by the Lok
Sabha on 10 August, 2000. The Uttar Pradesh Reorganisation Bill, 2000 was
passed by the Lok Sabha and the Rajya Sabha on 1 August and 10 August 2000,
respectively.
Amendments made by the Rajya Sabha in the Bill
were agreed to by the Lok Sabha on 11 August, 2000. The Bihar Reorganisation
Bill, 2000 was passed by the Lok Sabha on 2 August 2000 and the Rajya Sabha on
11 August 2000. Amendments made by the Rajya Sabha in the Bill were agreed to
by the Lok Sabha on 11 August 2000. All the Bills received the President’s
assent on 25 August 2000.
The Scheduled Castes and the Scheduled Tribes
had been enjoying the facility of relaxation of qualifying marks and standard
of evaluation in matters of reservation in promotion. The Supreme Court, in its
judgement dated 1 October 1996 in the case of S. Vinod Kumar Vs. Union of
India, held that such relaxations in matters of reservation in promotion were
not permissible under article 16(4) of the Constitution in view of the command
contained in article 335 of the Constitution. [According to clause 4 of Article
16 (which deals with equality of opportunity in matters of public employment),
nothing in this article shall prevent the State from making any provision for
the reservation of appointments or posts in favour of any backward class of
citizens which, in the opinion of the State, is not adequately represented in
the services under the State. Article 335 states that the claims of the members
of the Scheduled Castes and the Scheduled Tribes shall be taken into
consideration, consistently with the maintenance of efficiency of
administration, in the making of appointments to services and posts in
connection with the affairs of the Union or of a State.] The Apex Court also
held that the law on the subject of relaxations of qualifying marks and
standards of evaluation in matters of reservation in promotion is the one laid
down by the Supreme Court in the case of Indira Sawhney and others Vs. Union
of India and others. Para 831 of Indira Sawhney judgment also held
such relaxations as being not permissible under article 16 (4) in view of the
command contained in article 335 of the Constitution. In order to implement the
judgments of the Supreme Court, such relaxations had to be withdrawn with
effect from 22 July 1997.
In view of the adverse effect of the order dated
22 July 1997 on the interests of the Scheduled Castes and the Scheduled Tribes,
representations had been received by the Government from several quarters,
including from the members of Parliament. Considering the various
representations, the Government had reviewed the position and decided to move
for a constitutional amendment with a view to restoring the relaxations which
were withdrawn vide instructions issued by the Department of Personnel
and Training on 22 July 1997. The Constitution (Eighty-Second Amendment) Bill,
2000, which sought to achieve the above objects was passed by the Rajya Sabha
and the Lok Sabha on 17 August and 22 August 2000, respectively. It received
the President’s assent on 8 September 2000.
The Constitution (Seventy-third Amendment) Act,
1992, popularly known as the Panchayati Raj Act, was brought into force with
effect from 24 April 1993. The Act provided that within one year from the date
of commencement of that Act, all the States should amend their local laws to
bring them in conformity with the new provisions under the Constitution. This
exercise was required to be completed before 23 April 1994. Subsequent to the
Amendment, Article 243D provided for reservation of seats for the Scheduled
Castes and the Scheduled Tribes in every Panchayat. Within the country, the
State of Arunachal Pradesh was the State inhabited fully by indigenous tribal
people. No Scheduled Castes existed in the State. No reservation of seats for
the Scheduled Castes had thus been made in the State Legislative Assembly and
no provisions existed under any law to that effect. There was also no
reservation for the Scheduled Castes in the State Government services. The
Bengal Eastern Frontier Regulation, 1873 and the Chin Hills Regulation, 1896
provided special protection and safeguard for the peaceful existence of the
indigenous tribal people of Arunachal Pradesh. These laws prohibit the entry of
any outsider in the tribal areas without an “Inner Line Permit”. Only the
indigenous tribal people were allowed to participate in the democratic
processes. The tribal society in Arunachal Pradesh is casteless where social
equality among men and women had prevailed over centuries and ages. Since no
Scheduled Castes existed in the State and since the State of Arunachal Pradesh
was singularly free from the caste system, it was proposed to insert a new
clause (3A) in article 243M of the Constitution of India, to exempt the State
of Arunachal Pradesh from the application of article 243D relating to the
reservation of seats in Panchayats for the Scheduled Castes. This provided a
legal and constitutional basis for the Panchayat Raj Institutions in Arunachal
Pradesh in accordance with the socio-political ethos of the State. The
Constitution (Eighty-third Amendment) Bill, 2000, which sought to achieve the
above objects, was passed by the Rajya Sabha and the Lok Sabha on 17 August and
22 August 2000, respectively. It received the President’s assent on 8 September
2000.
We
reproduce below the texts of the above Acts.
—Editor
The Madhya Pradesh Reorganisation Act, 2000
An Act to provide for the reorganisation of the
existing State of Madhya Pradesh and for matters connected therewith
Be it enacted by Parliament in
the Fifty-first Year of the Republic of India as follows:
Part I
Preliminary
1. Short title: This
Act may be called the Madhya Pradesh Reorganisation Act, 2000.
2. Definitions: In
this Act, unless the context otherwise requires,—
(a) “appointed day” means the day which the
Central Government may, by notification in the Official Gazette, appoint;
(b) “article” means an article of the
Constitution:
(c) “assembly constituency”, “council
constituency” and “parliamentary constituency” have the same meanings as in the
Representation of the People Act, 1950;
(d) “Election Commission”
means the Election Commission appointed by the President under article 324;
(e) “existing State of Madhya Pradesh” means the
State of Madhya Pradesh as existing immediately before the appointed day;
(f) “law” includes any enactment, ordinance,
regulation, order, by-law, rule, scheme, notification or other instrument
having, immediately before the appointed day, the force of law in the whole or
in any part of the existing State of Madhya Pradesh;
(g) “notified order” means an order published in
the Official Gazette;
(h) “population ratio”, in relation to the State
of Madhya Pradesh and Chhattisgarh means the ratio of 485.7:176.2;
(i) “sitting member”, in relation to either House
of Parliament or of the Legislature of the existing State of Madhya Pradesh
means a person who immediately before the appointed day, is a member of that
House;
(j)
“successor State”, in relation to the
existing State of Madhya Pradesh means the State of Madhya Pradesh or
Chhattisgarh;
(k) “transferred territory” means the territory
which on the appointed day is transferred from the existing State of Madhya
Pradesh to the State of Chhattisgarh;
(l) “treasury” includes a sub-treasury; and
(m) any reference to a district, tehsil or other
territorial division of the existing State of Madhya Pradesh shall be construed
as a reference to the area comprised within that territorial division on the
appointed day.
Part II
Reorganisation of the State
of Madhya Pradesh
3. Formation of Chhattisgarh State: On and from the appointed day, there shall be formed a new
State to be known as the State of Chhattisgarh comprising the following
territories of the existing State of Madhya Pradesh, namely:–
Bastar,
Bilaspur, Dantewada, Dhamtari, Durg, Janjgir-Champa, Jashpur, Kanker, Kawardha,
Korba, Koriya, Mahasamund, Raigarh, Raipur, Rajnandgaon and Surguja districts,
and thereupon the said
territories shall cease to form part of the existing State of Madhya Pradesh.
4. State of Madhya Pradesh and territorial divisions
thereof: On and from the appointed day, the State of Madhya Pradesh shall
comprise the territories of the existing State of Madhya Pradesh other than
those specified in section 3.
5. Amendment of the First Schedule to the Constitution: On and from the appointed day, in the First Schedule to the
Constitution, under the heading “I. THE STATES”,—
(a) in the paragraph relating to the territories
of the State of Madhya Pradesh, after the words, backets and figures “the
Rajasthan and Madhya Pradesh (Transfer of Territories) Act, 1959”, the
following shall be added, namely:—
“but
excluding the territories specified in section 3 of the Madhya Pradesh
Reorganisation Act, 2000.”;
(b) after entry 25, the following entry shall be
inserted, namely:—
“26. Chhattisgarh: The territories specified in section 3 of
the Madhya Pradesh Reorganisation Act, 2000”.
6. Saving Powers of the State Government: Nothing in the
foregoing provisions of this Part shall be deemed to affect the power of the
Government of Madhya Pradesh or Chhattisgarh to alter, after the appointed day,
the name, area or boundaries of any district or other territorial division in
the State.
Part III
Representation in the
Legislatures
The Council of States
7. Amendment of the Fourth Schedule to the Constitution: On and from the appointed day, in the Fourth Schedule to the
Constitution, in the Table,—
(a) entries 9 to 27 shall be renumbered as
entries 10 to 28 respectively;
(b) in entry 8, for the figures “16”, the figures
“11” shall be substituted;
(c) after entry 8, the following entry shall be
inserted, namely :‑
“9. Chhattisgarh
...................5”.
8. Allocation of sitting members: (1) On and from
the appointed day, the sixteen sitting members of the Council of State
representing the existing State of Madhya Pradesh shall be deemed to have been
elected to fill the seats allotted to the State of Madhya Pradesh and
Chhattisgarh, as specified in the First Schedule to this Act.
(2) The term of office of such sitting members
shall remain unaltered.
The House of the People
9. Representation in the House of the People: On and
from the appointed day, there shall be allocated 29 seats to the successor
State of Madhya Pradesh, and 11 to the successor State of Chhattisgarh, 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.
10. Delimitation of Parliamentary and Assembly
constituencies: On and from the appointed day, the Delimitation of
Parliamentary and Assembly Constituencies Order, 1976, shall stand amended as
directed in the Second Schedule to this Act.
11. Provision as to sitting members: (1) Every sitting member of the House of the People
representing a constituency which, on the appointed day by virtue of the
provisions of section 10, stands allotted, with or without alteration of
boundaries, to the successor States of Madhya Pradesh or Chhattisgarh, shall be
deemed to have been elected to the House of the People by that constituency as
so allotted.
(2) The term of office of such sitting members
shall remain unaltered.
The Legislative Assembly
12. Provisions as to Legislative Assembly: (1) The
number of seats as on the appointed day in the Legislative Assemblies of the
States of Madhya Pradesh and Chhattisgarh shall be two hundred and thirty and
ninety respectively.
(2) In the Second Schedule to the Representation
of the People Act, 1950, under heading “I. States”,—
(a) entries 5 to 25 shall be renumbered as
entries 6 to 26 respectively;
(b) after
entry 4, the following entry shall be inserted, namely:—
“1 5
5.
Chhattisgarh................................................90.”;
(c) in entry 13, as so renumbered, for the
figures “320”, the figures “230” shall be substituted.
13. Allocation of sitting members: (1) Every sitting member of the Legislative Assembly
of the existing State of Madhya Pradesh elected to fill a seat in that Assembly
from a constituency which on the appointed day by virtue of the provisions of
section 10 stands allotted, with or without alteration of boundaries, to the
State of Chhattisgarh shall, on and from that day, cease to be a member of the
Legislative Assembly of Madhya Pradesh and shall be deemed to have been elected
to fill a seat in the Legislative Assembly of Chhattisgarh from that
constituency so allotted.
(2) All other sitting members of the Legislative
Assembly of the existing State of Madhya Pradesh shall continue to be members
of the Legislative Assembly of that State and any such sitting member
representing a constituency the extent, or the name and extent of which are
altered by virtue of the provisions of section 9 shall be deemed to have been
elected to the Legislative Assembly of Madhya Pradesh by that constituency as
so altered.
(3) Notwithstanding anything contained in any
other law for the time being in force, the Legislative Assemblies of Madhya
Pradesh and Chhattisgarh shall be deemed to be duly constituted on the
appointed day.
(4) The sitting member of the Legislative Assembly
of the existing State of Madhya Pradesh nominated to that Assembly under
article 333 to represent the Anglo-Indian community shall be deemed to have
been nominated to represent the said community in the Legislative Assembly of Madhya
Pradesh under that article.
14. Duration of Legislative Assemblies: The period of five years referred to in clause (1) of article
172, shall, in the case of Legislative Assembly of State of Madhya Pradesh and
the State of Chhattisgarh be deemed to have commenced on the date on which it
actually commenced in the case of Legislative Assembly of the existing State of
Madhya Pradesh.
15. Speakers and Deputy Speakers: (1) The persons who immediately before the appointed
day are the Speaker and Deputy Speaker of the Legislative Assembly of the
existing State of Madhya Pradesh shall continue to be the Speaker and Deputy
Speaker respectively of that Assembly on and from that day.
(2) As soon as may be after the appointed day, the
Legislative Assembly of the successor State of Chhattisgarh shall choose two
members of that Assembly to be respectively Speaker and Deputy Speaker thereof
and until they are so chosen, the duties of the office of the Speaker shall be
performed by such member of the Assembly as the Governor may appoint for the
purpose.
16. Rules of procedure: The
rules of procedure and conduct of business of the Legislative Assembly of
Madhya Pradesh as in force immediately before the appointed day shall, until
rules are made under clause (1) of article 208, be the rules of procedure and
conduct of business of the Legislative Assembly of the State of Chhattisgarh,
subject to such modifications and adaptations as may be made therein by the
Speaker thereof.
Delimitation of constituencies
17. Delimitation of constituencies: (1) For the purpose of giving effect to the provisions
of section 12, the Election Commission shall determine in the manner
hereinafter provided—
(a) the number of seats to be reserved for the
Scheduled Castes and the Scheduled Tribes in the Legislative Assemblies of the
States of Madhya Pradesh and Chhattisgarh, respectively having regard to the
relevant provisions of the Constitution.
(b) the assembly constituencies into which each
State referred to in clause (a) shall be divided, the extent of each of such
constituencies and in which of them seats shall be reserved for the Scheduled
Castes or for the Scheduled Tribes; and
(c) the adjustments in the boundaries and
description of the extent of the parliamentary constituencies in each State
referred to in clause (a) that may be necessary or expedient.
(2) In determining the matters referred to in
clause (b) and (c) of sub-section (1), the Election Commission
shall have regard to the following provisions, namely:—
(a) all the constituencies shall be single-member
constituencies;
(b) all constituencies shall, as far as
practicable, be geographically compact areas, and in delimiting them, regard
shall be had to physical features, existing boundaries of administrative units,
facilities of communication and conveniences to the public; and
(c) constituencies in which seats are reserved
for the Scheduled Castes and the Scheduled Tribes shall, as far as practicable,
be located in areas where the proportion of their population to the total
population is the largest.
(3) The Election Commission shall, for the purpose
of assisting it in the performance of its functions under sub-section (1),
associate with itself as associate members, five persons as the Central
Government may, by order specify, being persons who are members of the
Legislative Assembly of the State or of the House of the People representing
the State:
Provided that none of the
associate members shall have a right to vote or to sign any decision of the
Election Commission.
(4) If, owing to death or resignation, the office
of an associate member falls vacant, it shall be filled as far as practicable,
in accordance with provisions of sub-section (3).
(5) The Election Commission shall—
(a) publish its proposals for the delimitation of
constituencies together with the dissenting proposals, if any, of any associate
member who desires publication thereof in the Official Gazette and in such
other manner as the Commission may consider fit, together with a notice
inviting objections and suggestions in relation to the proposals and specifying
a date on or after which the proposals will be further considered ;by it;
(b) consider all objections and suggestions which
may have been received by it before the date so specified; and
(c) after considering all objections and
suggestions which may have been received by it before the date so specified,
determine by one or more orders the delimitation of constituencies and cause
such order or orders to be published in the Official Gazette; and upon such
publication, the order or orders shall have the full force of law and shall not
be called in question in any court.
(6) As soon as may be after such publication,
every such order relating to assembly constituencies shall be laid before the
Legislative Assembly of the concerned State.
(7) The delimitation of constituencies in the
States of Madhya Pradesh and Chhattisgarh shall be determined on the basis of
the published figures of the census taken in the year 1971.
18. Power of the Election Commission to maintain Delimitation
Orders up-to-date: (1) The Election Commission may, from time to
time, by notification in the Official Gazette,—
(a) correct any printing mistakes in any order
made under section 17 or any error arising therein from inadvertent slip or
omission; and
(b) where the boundaries or name of any
territorial division mentioned in any such order or orders is or are altered,
make such amendments as appear to it to be necessary or expedient for bringing
such order up-to-date.
(2) Every notification
under this section relating to an assembly constituency shall be laid, as soon
as may be after it is issued, before the concerned Legislative Assembly.
Scheduled Castes and Scheduled Tribes
19. Amendment of the Scheduled Castes Order: On and from
the appointed day, the Constitution (Scheduled Castes) Order, 1950, shall stand
amended as directed in the Third Schedule.
20. Amendment of the Scheduled Tribes Order: On and from the appointed day, the Constitution (Scheduled
Tribes) Order, 1950, shall stand amended as directed in the Fourth Schedule.
PART IV
High Court
21. High Court of Chattisgarh: (1)
As from the appointed day, there shall be a separate High Court for the State
of Chhattisgarh (hereinafter referred to as “the High Court of Chhattisgarh”)
and the High Court of Madhya Pradesh shall become the High Court for the State
of Madhya Pradesh (hereinafter referred to as the High Court of Madhya
Pradesh).
(2) The principal seat
of High Court of Chhattisgarh shall be at such place as the President may, by
notified order, appoint.
(3) Notwithstanding
anything contained in sub-section (2), the Judges and division courts of the
High Court of Chhattisgarh may sit at such other place or places in the State
of Chhattisgarh other than its principal seat as the Chief Justice may, with
the approval of the Governor of Chhattisgarh, appoint.
22. Judges of Chhattisgarh High Court: (1) Such of the Judges of the High Court of Madhya
Pradesh holding office immediately before the appointed day as may be
determined by the President shall on that day cease to be judges of the High
Court of Madhya Pradesh and become Judges of the High Court of Chhattisgarh.
(2) The persons who by
virtue of sub-section (1) become Judges of the High Court of
Chhattisgarh shall, except in the case where any such person is appointed to be
the Chief Justice of that High Court, rank in that Court according to the
priority of their respective appointments as Judges of the High Court of Madhya
Pradesh.
23. Jurisdiction of Chhattisgarh High Court: The High
Court of Chhattisgarh shall have, in respect of any part of the territories
included in the State of Chattisgarh, all such jurisdiction, powers and
authority as, under the law in force immediately before the appointed day, are
exercisable in respect to that part of the said territories by the High Court
of Madhya Pradesh.
24. Special provision relating to Bar Council and advocates: (1) On and from the appointed day, in the Advocates
Act, 1961, in section 3, in sub-section (1), in clause (a), for the
words “and Madhya Pradesh”, the words “Madhya Pradesh and Chhattisgarh” shall
be substituted.
(2) Any person who
immediately before the appointed day is an advocate on the roll of the Bar
Council of the existing State of Madhya Pradesh may give his option in writing,
within one year from the appointed day to the Bar Council of such existing
State, to transfer his name on the roll of the Bar Council of Chattisgarh and
notwithstanding anything contained in the Advocates Act, 1961 and the rules
made thereunder, on such option so given his name shall be deemed to have been
transferred on the roll of the Bar Council of Chhattisgarh with effect from the
date of the option so given for the purposes of the said Act and the rules made
thereunder.
(3) The persons other
than the advocates who are entitled immediately before the appointed day, to
practise in the High Court of Madhya Pradesh or any subordinate court thereof
shall, on and after the appointed day, be recognised as such persons entitled
also to practise in the High Court of Chhattisgarh or any subordinate court
thereof, as the case may be.
(4) The right of
audience in the High Court of Chhattisgarh shall be regulated in accordance
with the like principles as immediately before the appointed day are in force
with respect to the right of audience in the High Court of Madhya Pradesh.
25. Practice and procedure in Chhattisgarh High Court: Subject to the provisions of this Part, the law in force
immediately before the appointed day with respect to practice and procedure in
the High Court of Madhya Pradesh shall, with the necessary modifications, apply
in relation to the High Court of Chhattisgarh, and accordingly, the High Court
of Chhattisgarh shall have all such powers to make rules and orders with
respect to practice and procedure as are immediately before the appointed day
exercisable by the High Court of Madhya Pradesh.
Provided that any rules or
orders which are in force immediately before the appointed day with respect to
practice and procedure in the High Court of Madhya Pradesh shall, until varied
or revoked by rules or orders made by the High Court of Chhattisgarh, apply
with the necessary modifications in relation to practice and procedure in the
High Court of Chhattisgarh as if made by that Court.
26. Custody of seal of Chhattisgarh High Court: The law in force immediately before the appointed day with
respect to the custody of the seal of the High Court of Madhya Pradesh shall,
with the necessary modifications, apply with respect to the custody of the seal
of the High Court of Chhattisgarh.
27. Form of writs and other processes: The law in force immediately before the appointed day with
respect to the form of writs and other processes used, issued or awarded by the
High Court of Madhya Pradesh shall, with the necessary modifications, apply
with respect to the form of writs and other processes used, issued or awarded
by the High Court of Chhattisgarh.
28. Powers of Judges: The
law in force immediately before the appointed day relating to the powers of the
Chief Justice, single Judge and division courts of the High Court of Madhya
Pradesh and with respect to all matters ancillary to the exercise of those
powers shall, with the necessary modifications, apply in relation to the High
Court of Chhattisgarh.
29. Procedure as to appeals to Supreme Court: The law in force immediately before the appointed day relating
to appeals to the Supreme Court from the High Court of Madhya Pradesh and the
Judges and division courts thereof shall, with the necessary modifications,
apply in relation to the High Court of Chhattisgarh.
30. Transfer of proceedings from Madhya Pradesh High Court to
Chhattisgarh High Court: (1) Except as
hereinafter provided, the High Court of Madhya Pradesh shall, as from the
appointed day, have no jurisdiction in respect of the transferred territory.
(2) Such proceedings
pending in the High Court of Madhya Pradesh immediately before the appointed
day as are certified, whether before or after that day, by the Chief Justice of
that High Court, having regard to the place of accrual of the cause of action
and other circumstances, to be proceedings which ought to be heard and decided
by the High Court of Chhattisgarh shall, as soon as may be after such
certification, be transferred to the High Court of Chhattisgarh.
(3) Notwithstanding
anything contained in sub-section (1) and (2) of this section or
in section 23, but save as hereinafter provided, the High Court of Madhya
Pradesh shall have, and the High Court of Chhattisgarh shall not have,
jurisdiction to entertain, hear or dispose of appeals, applications for leave
to the Supreme Court, applications for review and other proceedings where any
such proceedings seek any relief in respect of any order passed by the High
Court of Madhya Pradesh before the appointed day.
Provided that if after any such
proceedings have been entertained by the High Court of Madhya Pradesh, it
appears to the Chief Justice of that High Court that they ought to be
transferred to the High Court of Chhattisgarh, he shall order that they shall
be so transferred, and such proceedings shall thereupon be transferred
accordingly.
(4) Any order made by
the High Court of Madhya Pradesh—
(a) before the appointed day, in any proceedings
transferred to the High Court of Chhattisgarh by virtue of sub-section (2); or
(b) in any proceedings with respect to which the
High Court of Madhya Pradesh retains jurisdiction by virtue of sub-section (3),
shall for all purposes have
effect, not only as an order of the High Court of Madhya Pradesh, but also as
an order made by the High Court of Chhattisgarh.
31. Right to appear or to act in proceedings transferred to
Chhattisgarh High Court: Any person, who,
immediately before the appointed day, is an advocate entitled to practise or
any other persons entitled to practise in the High Court of Madhya Pradesh and
was authorised to appear in any proceedings transferred from that High Court to
the High Court of Chhattisgarh under section 30, shall have the right to appear
in the High Court of Chhattisgarh in relation to those proceedings.
32. Interpretation: For
the purposes of section 30—
(a) proceedings shall be deemed to be pending in
a Court until that Court has disposed of all issues between the parties,
including any issues with respect to the taxation of the costs of the
proceedings and shall include appeals, applications for leave to the Supreme
Court, applications for review, petitions for revision and petitions for writs;
and
(b) references to a High Court shall be construed
as including references to a Judge or division court thereof, and references to
an order made by a Court or a Judge shall be construed as including references
to a sentence, judgment or decree passed or made by that Court or Judge.
33. Saving: Nothing in this Part
shall affect the application to the High Court of Chhattisgarh of any
provisions of the Constitution, and this Part shall have effect subject to any
provision that may be made on or after the appointed day with respect to that
High Court by any Legislature or other authority having power to make such
provision.
Part V
Authorisation of Expenditure
and Distribution of Revenues
34. Authorisation of expenditure of Chhattisgarh State: The Governor of Madhya Pradesh may, at any time before the
appointed day, authorise such expenditure from the Consolidated Fund of the
State of Chhattisgarh as he deems necessary for any period not more than six
months beginning with the appointed day pending the sanction of such
expenditure by the Legislative Assembly of the State of Chhattisgarh.
Provided that the Governor of
Chhattisgarh may, after the appointed day, authorise such further expenditure
as he deems necessary from the Consolidated Fund of the State of Chhattisgarh
for any period not extending beyond the said period of six months.
35. Reports relating to accounts of Madhya Pradesh State: (1) The reports of the Comptroller and Auditor-General
of India referred to in clause (2) of article 151 relating to the accounts of
the State of Madhya Pradesh in respect of any period prior to the appointed day
shall be submitted to the Governor of each of the successor State of Madhya
Pradesh and Chhattisgarh who shall cause them to be laid before the Legislature
of that State.
(2) The President may by
order—
(a) declare any expenditure incurred out of the
Consolidated Fund of Madhya Pradesh on any service in respect of any period
prior to the appointed day during the financial year or in respect of any
earlier financial year in excess of the amount granted for that service and for
that year as disclosed in the reports referred to in sub-section (1) to
have been duly authorised; and
(b) provide for any action to be taken on any
matter arising out of the said reports.
36. Distribution of revenue: The
President shall, by order, determine the share of the States of Madhya Pradesh
and Chhattisgarh in the total amount payable to the existing State of Madhya
Pradesh on the recommendation of the Finance Commission constituted under
article 280 of the Constitution, in such manner as he thinks fit.
Part VI
Apportionment of Assets and
Liabilities
37. Application of Part: (1) The provisions of
this Part shall apply in relation to the apportionment of the assets and
liabilities of the State of Madhya Pradesh immediately before the appointed
day.
(2) The successor State
shall be entitled to receive benefits arising out of the decisions taken by the
predecessor State and the successor States shall be liable to bear the
financial liabilities arising out of the decisions taken by the existing State
of Madhya Pradesh.
(3) The apportionment of
assets and liabilities would be subject to such financial adjustment as may be
necessary to secure just, reasonable and equitable apportionment of the assets
and liabilities amongst the successor States.
(4) Any dispute
regarding the amount of financial assets and liabilities shall be settled
through mutual agreement, failing which by order by the Central Government on
the advice of the Comptroller and Auditor-General of India.
38. Land and goods: (1)
Subject to the other provisions of this Part, all land and all stores, articles
and other goods belonging to the existing State of Madhya Pradesh shall,—
(a) if within the transferred territory, pass to
the State of Chhattisgarh; or
(b) in any other case, remain the property of the
State of Madhya Pradesh:
Provided that any land, stores,
articles or other goods may be distributed otherwise than in accordance with
the situation of such land, stores, articles or goods by mutual agreement
between the successor States, failing which the Central Government may, on the
request of any of the Governments of the successor States and after consulting
both the Governments of the successor States, issue directions for the just and
equitable distribution of such land, stores, articles or goods between the
successor States and the land, stores articles or goods shall accordingly pass
to the successor States:
Provided further that in case
of the distribution, of any land, stores, articles and goods or class of goods
under this sub-section located outside the existing State of Madhya Pradesh,
such distribution shall be made through mutual agreement arrived at between the
Governments of the successor States for that purpose, failing which the Central
Government may, on request by any of the Governments of the successor States,
after consulting both the Governments of the successor States, issue such
direction as it may deem fit for the distribution of such land, stores,
articles and goods or class of goods, as the case may be, under this
sub-section.
(2) Stores held for
specific purposes, such as use or utilisation in particular institutions,
workshops or undertakings or on particular works under construction, shall pass
to the successor States in whose territories such institutions, workshops,
undertakings or works are located.
(3) Stores relating to
the Secretariat and offices of Heads of Departments having jurisdiction over
the whole of the existing State of Madhya Pradesh shall be divided between the successor
States in accordance with the mutual agreement arrived at between the
Government of the successor States for that purpose, failing which the Central
Government may, on request by any of the Governments of the successor States,
after consulting both the Governments of the successor States, issue such
direction as it may deem fit for the distribution of such stores or any part of
such stores, as the case may be.
(4) Any other unissued
stores of any class in the existing State of Madhya Pradesh shall be divided
between the successor States in proportion to the total stores of that class
purchased in the period of three years prior to the appointed day, for the
territories of the existing State of Madhya Pradesh included respectively in
each of the successor States:
Provided that where such
proportion cannot be ascertained in respect of any class of stores or where the
value of any class of such stores does not exceed rupees ten thousand, that
class of stores shall be divided between the successor States according to the
population ratio.
(5) In 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.
39. Treasury and bank balances: The total of the cash
balances in all treasuries of the State of Madhya Pradesh and the credit
balances of the State with Reserve Bank of India, the State Bank of India or
any other bank immediately before the appointed day shall be divided between
the States of Madhya Pradesh and Chhattisgarh according to the population
ratio:
Provided that for the purposes
of such division, there shall be no transfer of cash balances from any treasury
to any other treasury and the apportionment shall be effected by adjusting the
credit balances of the two States in the books of the Reserve bank of India on
the appointed day:
Provided further that if the
State of Chhattisgarh has no account on the appointed day with the Reserve Bank
of India, the adjustment shall be made in such manner as the Central Government
may, by order, direct.
40. Arrears of taxes: The
right to recover arrears of any tax or duty on property, including arrears of
land revenue, shall belong to the successor State in which the property is
situated, and the right to recover arrears of any other tax or duty shall
belong to the successor State in whose territories the place of assessment of
that tax or duty is included on the appointed day.
41. Right to recover loans and advances: (1) The right of the existing State of Madhya
Pradesh to recover any loans or advances made before the appointed day to any
local body, society, agriculturist or other person in an area within that State
shall belong to the successor State in which that area is included on that day.
(2) The right of the
existing State of Madhya Pradesh to recover any loans or advances made before
the appointed day to any person or institution outside that State shall belong
to the State of Madhya Pradesh.
Provided that any sum recovered
in respect of any such loan or advance shall be divided between the State of
Madhya Pradesh and Chhattisgarh according to the population ratio.
42. Investments and credits in certain funds: The securities held in respect of the investments made from
Cash Balances Investment Account or from any Fund in the Public Account of the
existing State of Madhya Pradesh as specified in the Fifth Schedule to this Act
shall be apportioned in the ratio of population of the successor States:
Provided that the securities
held in investments made from the Calamity Relief Fund of the existing State of
Madhya Pradesh shall be divided in the ratio of the area of the territories
occupied by the successor States:
Provided further that the
balance in the Reserve Funds in the Public Account of Madhya Pradesh created
wholly out of appropriations from the Consolidated Fund of the existing State
of Madhya Pradesh, to the extent the balances have not been invested outside
Government account, shall not be carried forward to similar Reserve Funds in
the Public Account of, successor States:
Provided also that the balances
in any other Reserve Funds, excluding those specified in sub-section (2),
shall be allocated between the State of Madhya Pradesh and Chhattisgarh in the
ratio of population of those States.
(2) The investments of
the existing State of Madhya Pradesh immediately before the appointed day in
any special fund the objects of which are confined to a local area shall belong
to the State in which that area is included on the appointed day.
(3) The investments of
the existing State of Madhya Pradesh immediately before the appointed day in
any private, commercial or industrial undertaking, in so far as such
investments have not been made or are deemed not to have been made from the
cash balance investment account, shall pass to the State in which the principal
seat of business of the undertaking is located.
(4) Where any body
corporate constituted under a Central Act, State of Act of Provincial Act for
the existing State of Madhya Pradesh or any part thereof has, by virtue of the
provisions of Part II of this Act, become an inter-State body corporate, the
investments in, or loans or advances to, any such body corporate by the existing
State of Madhya Pradesh made before the appointed day shall, save as otherwise
expressly provided by or under this Act, be divided between the State of Madhya
Pradesh and Chhattisgarh in the same proportion in which the assets of the body
corporate are divided under the provisions of this Part.
43. Assets and liabilities of State Undertaking: (1)
The assets and liabilities relating to any undertaking of the existing State of
Madhya Pradesh whether directly owned or through a body corporate constituted
or incorporated or registered under any Central, State or Provincial Act,
shall,—
(a) if exclusively located in a successor State,
pass to the successor State, and where a depreciation reserve is maintained by
the existing State of Madhya Pradesh for such undertaking, the securities held
in respect of investment made from that fund shall also pass to such successor
State;
(b) where any such undertaking or part thereof is
located, in more than one successor State, the assets, liabilities and
securities shall be divided in such manner as may be agreed upon between the
successor States within a period of two years from the appointed day or in
failure of such agreement as the Central Government may by order direct.
(2) An agreement entered
into between the successor States, or order made by the Central Government
under sub-section (1) may provide for the dissolution of the undertaking
or transfer or re-employment of any employee of the undertaking to or by the
successor States, subject to the provisions of section 62.
(3) An agreement entered
into between the successor States, or order made by the Central Government
under sub-section (1) may also provide for the transfer of the assets
and liabilities which would otherwise have passed to a successor State to any
other undertaking of that successor State; and any employee of the undertaking
referred to in sub-section (1), who would otherwise have been
transferred to or re-employed by a successor State. may be transferred to or be
re-employed by such undertaking instead of that successor State.
44. Public Debt: (1)
All liabilities on account of Public Debt and Public Account of the existing
State of Madhya Pradesh outstanding immediately before the appointed day shall
be apportioned in the ratio of population of the successor States unless a
different mode of apportionment is provided under the provisions of this Act.
(2) The individual items
of liabilities to be allocated to the successor States and the amount of
contribution required to be made by one successor State to another shall be
such as may be ordered by the Central Government in consultation with the
Comptroller and Auditor-General of India:
Provided that till such orders
are issued, the liabilities on account of Public Debt and Public Account of the
existing State of Madhya Pradesh shall continue to be the liabilities of the
successor State of Madhya Pradesh.
(3) The liability on
account of loans raised from any source and re-lent by the existing State of
Madhya Pradesh to such entities as may be specified by the Central Government
and whose area of operation is confined to either of the successor States shall
devolve on the respective States as specified in sub-section (4).
(4) The Public Debt of
the existing State of Madhya Pradesh attributable to loan taken from any source
for the express purpose of re-lending the same to a specific institution and
outstanding immediately before the appointed day shall—
(a) if re-lent to any local body, body corporate
or other institution in any local area, be the debt of the State in which the
local area is included on the appointed day; or
(b) if re-lent to the Madhya Pradesh State
Electricity Board, the Madhya Pradesh State Road Transport Corporation, or the
Madhya Pradesh Housing Board or any other institution which becomes an
inter-State institution on the appointed day, be divided between the State of
Madhya Pradesh and Chhattisgarh in the same proportion in which the assets of
such body corporate or institution are divided under the provisions of Part VII
of this Act.
(5) Where a sinking fund
or a depreciation fund is maintained by the existing State of Madhya Pradesh
for repayment of any loan raised by it, the securities held in respect of
investments made from that fund shall be divided between the successor States
of Madhya Pradesh and Chhattisgarh in the same proportion in which the total
public debt is divided between the two States under this section.
(6) In this section, the
expression “Government security” means a security created and issued by a State
Government for the purpose of raising a public loan and having any of the forms
specified in, or prescribed under clause (2) of section 2 of the Public
Debt Act, 1944.
45. Floating loans: All
liabilities of the existing State of Madhya Pradesh of any floating loan to
provide short term finance to any local body, body corporate or other
institution shall be determined by mutual agreement between the successor
States, failing which the Central Government shall determine such liability
between the successor States in consultation with such States.
46. Refund of taxes collected in excess: The liability of the existing State of Madhya Pradesh to
refund any tax or duty on property, including land revenue, collected in excess
shall be the liability of the successor State in whose territories the property
is situated, and the liability of the existing State of Madhya Pradesh to
refund any other tax or duty collected in excess shall be the liability of the
successor State in whose territories the place of assessment of that tax or
duty is included.
47. Deposits, etc.: (1)
The liability of the existing State of Madhya Pradesh in respect of any civil
deposit or local fund deposit shall, as from the appointed day, be the
liability of the State in whose area the deposit has been made.
(2) The liability of the
existing State of Madhya Pradesh in respect of any charitable or other
endowment shall, as from the appointed day, be the liability of the State in
whose area the institution entitled to the benefit of the endowment is located
or of the State to which the objects of the endowment, under the terms thereof,
are confined.
48. Provident fund: The
liability of the existing State of Madhya Pradesh in respect of the provident
fund account of a Government servant in service on the appointed day shall, as
from that day, be the liability of the State to which that Government servant
is permanently allotted.
49. Pensions: The
liability of the existing State of Madhya Pradesh in respect of pensions shall
pass to, or be apportioned between the successor States of Madhya Pradesh and
Chhattisgarh in accordance with the provisions contained in the Sixth Schedule
to this Act.
50. Contracts: (1)
Where, before the appointed day, the existing State of Madhya Pradesh has made
any contract in the exercise of its executive power for any purposes of the
State, that contract shall be deemed to have been made in the exercise of the
executive power—
(a) if the purposes of the contract are, on and
from the appointed day, exclusive purposes of either of the successor States of
Madhya Pradesh and Chhattisgarh, then, of that State; or
(b) in any other case, of the State of Madhya
Pradesh,
all rights and liabilities
which have accrued, or may accrue under any such contract shall, to the extent
to which they would have been rights or liabilities of the existing State of
Madhya Pradesh, be rights or liabilities of the State of Chhattisgarh or the
State of Madhya Pradesh, as the case may be:
Provided that in any such case
as is referred to in clause (b), the initial allocation of rights and
liabilities made by this sub-section shall be subject to such financial
adjustment as may be agreed upon between the successor States of Madhya Pradesh
and Chhattisgarh or in default of such agreement, as the Central Government
may, by order, direct.
(2) For the purposes of
this section, there shall be deemed to be included in the liabilities which
have accrued or may accrue under any contract—
(a) any liability to satisfy an order or award
made by any court or other tribunal in proceedings relating to the contract;
and
(b) any liability in respect of expenses incurred
in or in connection with any such proceedings.
(3) This section shall
have effect subject to the other provisions of this Part relating to the
apportionment of liabilities in respect of loans, guarantees and other
financial obligations; and bank balances and securities shall, notwithstanding
that they partake of the nature of contractual rights, be dealt with under
those provisions.
51. Liability in respect of actionable wrong: Where, immediately before the appointed day, the existing
State of Madhya Pradesh is subject to any liability in respect of any
actionable wrong other than breach of contract, that liability shall,—
(a) if the cause of action arose wholly within
the territories which, as from that day, are the territories of either of the
successor States of Madhya Pradesh or Chhattisgarh, be a liability of that
successor State; and
(b) in any other case, be initially a liability
of the State of Madhya Pradesh, but subject to such financial adjustment as may
be agreed upon between the States of Madhya Pradesh and Chhattisgarh or, in
default of such agreement, as the Central Government may, by order, direct.
52. Liability as guarantor: Where,
immediately before the appointed day, the existing State of Madhya Pradesh is
liable as guarantor in respect of any liability of a registered co-operative
society or other person, that liability of the existing State of Madhya Pradesh
shall—
(a) if the area of operations of such society or
persons is limited to the territories which, as from that day, are the
territories of either of the States of Madhya Pradesh or Chhattisgarh, be a
liability of that successor State; and
(b) in any other case, be initially a liability
of the State of Madhya Pradesh, subject to such financial adjustment as may be
agreed upon between the States of Madhya Pradesh and Chhattisgarh or, in
default of such agreements, as the Central Government may, by order, direct.
53. Items in suspense: If
any item in suspense is ultimately found to affect an asset or liability of the
nature referred to in any of the foregoing provisions of this Part, it shall be
dealt with in accordance with that provision.
54. Residuary provision: The
benefit or burden of any asset or liability of the existing State of Madhya
Pradesh not dealt with in the foregoing provisions of this Part shall pass to
the State of Madhya Pradesh in the first instance, subject to such financial
adjustment as may be agreed upon between the States of Madhya Pradesh and
Chhattisgarh or, in default of such agreement, as the Central Government may,
by order, direct.
55. Apportionment of assets or liabilities by agreement: Where the successor States of Madhya Pradesh and Chhattisgarh
agree that the asset, liability or benefit or burden of any particular asset or
liability should be apportioned between them in a manner other than that
provided for in the foregoing provisions of this Part, then, notwithstanding
anything contained therein, the assets, liability or benefit or burden of that
asset or liability shall be apportioned in the manner agreed upon.
56. Power of Central Government to order allocation or adjustment
in certain cases: Where, by virtue of any
of the provisions of this Part, any of the successor States of Madhya Pradesh
and Chhattisgarh becomes entitled to any property or obtains any benefits or becomes
subject to any liability, and the Central Government is of opinion, on a
reference made within a period of three years from the appointed day by either
of the States, that it is just and equitable that property or those benefits
should be transferred to, or shared with, the other successor State, or that a
contribution towards that liability should be made by the other successor
State, the said property or benefits shall be allocated in such manner between
the two States, or the other State shall make to the State subject to the
liability such contribution in respect thereof, as the Central Government may,
after consultation with the two State Governments, by order determine.
57. Certain expenditure to be charged on Consolidated Fund: All sums payable either by the State of Madhya Pradesh or by
the State of Chhattisgarh to the other States or by the Central Government to
either of those States, by virtue of the provisions of this Act, shall be
charged on the Consolidated Fund of the State by which such sums are payable
or, as the case may be, the Consolidated Fund of India.
Part VII
Provisions
as to certain corporations
58. Provisions as to Madhya Pradesh State Electricity Board,
State Road Transport Corporation and State Warehousing Corporation etc.: (1) The following bodies corporate constituted for the
existing State of Madhya Pradesh, namely—
(a) the State Electricity Board constituted under
the Electricity Supply Act, 1948;
(b) the State Road Transport Corporation
established under the Road Transport Corporation Act, 1950; and
(c) the State Warehousing Corporation established
under the Warehousing Corporation Act, 1962,
shall, on and from the
appointed day, continue to function in those areas in respect of which they
were functioning immediately before that day, subject to the provisions of this
section and arrangements for the functioning of such body corporates as may be
mutually agreed upon between the successor States failing which to such
directions as may, from time to time, be issued by the Central Government.
(2) Any directions
issued by the Central Government under sub-section (1) in respect of the
Board or the Corporation shall include a direction that the Act under which the
Board or the Corporation was constituted shall, in its application to that
Board or Corporation, have effect subject to such exceptions and modifications
as the Central Government thinks fit.
(3) The Board or the
Corporation referred to in sub-section (1) shall cease to function as
from, and shall be deemed to be dissolved on such date as the Central
Government may, by order, appoint; and upon such dissolution, its assets,
rights and liabilities shall be apportioned between the successor States of
Madhya Pradesh and Chhattisgarh in such manner as may be agreed upon between
them within one year of the dissolution of the Board of the Corporation, as the
case may be, or if no agreement is reached, in such manner as the Central
Government may, by order, determine:
Provided that any liabilities
of the said Board relating to the unpaid dues of the coal supplied to the Board
by any public sector coal company shall be provisionally apportioned between
the successor organisations constituted respectively in the successor States of
the existing State of Madhya Pradesh or after the date appointed for the
dissolution of the Board under this sub-section in such manner as may be agreed
upon between the Governments of the successor States within one month of such
dissolution or if no agreement is reached, in such manner as the Central Government
may, by order, determine subject to reconciliation and finalisation of the
liabilities which shall be completed within three months from the date of such
dissolution by the mutual agreement between the successor States or failing
such agreement by the direction of the Central Government.
Provided further that an
interest at the rate of two per cent, higher than the Cash Credit interest
shall be paid on outstanding unpaid dues of the coal supplied to the Board by
the public sector coal company till the liquidation of such dues by the
concerned successor organisations constituted in the successor States on or
after the date appointed for the dissolution of the Board under this
sub-section.
(4) Nothing in the
preceding provisions of this section shall be construed as preventing the
Government of the State of Madhya Pradesh or, as the case may be, the
Government of the State of Chhattisgarh from constituting, at any time on or
after the appointed day, a State Electricity Board or a State Road Transport Corporation
or a State Warehousing Corporation for the State under the provisions of the
Act relating to such Board or Corporation; and if such a Board or Corporation
is so constituted in either of the States before the dissolution of the Board
or the Corporation referred to in sub-section (1),—
(a) provision may be made by order of the Central
Government enabling the new Board or the new Corporation to take over from the
existing Board or Corporation all or any of its undertakings, assets, rights
and liabilities in that State, and
(b) upon the dissolution of existing Board or
Corporation,—
(i) any
assets, rights and liabilities which would otherwise have passed to that ;State
by or under the provisions of sub-section (3) shall pass to the new
Board or the new Corporation instead of to that State;
(ii) any
employee who would otherwise have been transferred to or re-employed by that
State under sub-section (3), read with clause (i) of sub-section
(5), shall be transferred to or re-employed by the new Board or the new
Corporation instead of to or by that State.
(5) An agreement entered
into between the successor States under sub-section (3) and an order
made by the Central Government under that sub-section or under clause (a)
of sub-section (4) may provide for the transfer or re-employment of any
employee of the Board or the Corporation referred to in sub-section (1),—
(i) to
or by the successor States, in the case of an agreement under sub-section (4)
or an order made under the sub-section;
(ii) to
or by the new Board or the New Corporation constituted under sub-section (4),
in the case of an order made under clause (a) of that sub-section,
and, subject to the provisions
of section 64, also for the terms and conditions of service applicable to such
employees after such transfer or re-employment.
59. Provisions as to Madhya Pradesh State Financial Corporation: (1) The Madhya Pradesh State Financial Corporation
established under the State Financial Corporation Act, 1951 shall, on and from
the appointed day, continue to function in those areas in respect of which it
was functioning immediately before that day, subject to the provisions of this section
and to such directions as may from time to time, be issued by the Central
Government after consultation with the Governments of the successor States.
(2) Any directions
issued by the Central Government under sub-section (1) in respect of the
Corporation may include a direction that the said Act, in its application to
the Corporation, shall have effect subject to such exceptions and modifications
as may be specified in the direction.
(3) Notwithstanding
anything contained in sub-section (1) or sub-section (2), the
Board of Directors of the Corporation may, with the previous approval of the
Central Government and shall, if so required by the Central Government, convene
at anytime after the appointed day a meeting for the consideration of a scheme
for the reconstitution or reorganisation or dissolution, as the case may be, of
the Corporation, including proposals regarding the formation of new
Corporations, and the transfer thereto of the assets, rights and liabilities of
the existing Corporation, and if such a scheme is approved at the general
meeting by a resolution passed by a majority of the shareholders present and
voting, the scheme shall be submitted to the Central Government for its
sanction.
(4) If the scheme is
sanctioned by the Central Government either without modifications or with
modifications which are approved at a general meeting, the Central Government
shall certify the scheme, and upon such certification, the scheme shall,
notwithstanding anything to the contrary contained in any law for the time
being in force, be binding on the corporations affected by the scheme as well
as the shareholders and creditors thereof.
(5) If the scheme is not
so approved or sanctioned, the Central Government may refer the scheme to such
Judge of the High Court of Madhya Pradesh as may be nominated in this behalf by
the Chief Justice thereof, and the decision of the Judge in regard to the
scheme shall be final and shall be binding on the corporations affected by the
scheme as well as the shareholders and creditors thereof.
(6) Nothing in the
preceding provisions of this section shall be construed as preventing the
Government of the State of Madhya Pradesh and Chhattisgarh from constituting,
at any time on or after the appointed day, a State Financial Corporation for
that State under the State Financial Corporation Act, 1951.
60. Provisions as to certain companies: (1)
Notwithstanding anything contained in the foregoing provisions of this Part,
each of the companies specified in the Seventh Schedule to this Act shall, on
and from the appointed day and until otherwise provided for in any law, or in
any agreement among the successor States, or in any direction issued by the
Central Government continue to function in the areas in which it was
functioning immediately before that day; and the Central Government may, after
consultation with the Governments of the successor States, from time to time
issue such directions in relation to such functioning as it may deem fit,
notwithstanding anything to the contrary contained in the Companies Act, 1956,
or in other law.
(2)
Any directions issued under sub-section (1), in respect of a company
referred to in that sub-section, may include directions
regarding the—
(a) regarding
the division of the interests and shares of existing State of Madhya Pradesh in
the company among the successor States;
(b) requiring the re-constitution of the
Board of Directors of the company so as to give adequate representation to both
the successor States.
61. Functioning of
organisation registered society or trust incorporated on behest of State
Government: (1) Notwithstanding anything contained in the foregoing
provisions of this Part or any other law for the time being in force, any
organisation registered society or trust, incorporated at the behest of the
State Government, shall, on and from the appointed day, and until otherwise
provided for in any law for the time being in force, or in any agreement
between the successor States, or in any direction issued by the Central
Government in consultation with the successor States, continue to function in
the areas in which it was functioning immediately before that day, and the
Central Government may, after consulting the Governments of the successor
States, issue directions in relation to such functioning.
(2) Any directions
issued under sub-section (1) may include directions regarding the —
(i) reconstitution of the Board of
Directors of the organisation, society or trust by whatever name it maybe
called; or
(ii) appointment of the Chief Executive
by whatever name it may be called; or
(iii) regulations or bye laws, by
whatever name they may be called; or
(iv) assessment and apportionment of
financial support, if any, provided by the existing State of Madhya Pradesh for
meeting fixed charges.
62. General provisions as to statutory corporations: (1) Save as otherwise expressly provided by the
foregoing provisions of this Part, where any body corporate constituted under a
Central Act, State Act or Provisional Act for the existing State of Madhya
Pradesh or any part thereof has, by virtue of the provisions of Part II of this
Act, become an inter-State body corporate, then, the body corporate shall, on
and from the appointed day, continue to function and operate in those areas in
respect of which it was functioning and operating immediately before that day,
subject to such directions as may from time to time be issued by the Central
Government, after consultation with the Governments of the successor States.
until other provision is made by law in respect of the said body corporate.
(2) Any directions
issued by the Central Government under sub-section (1) in respect of any
such body corporate shall include a direction that any law by which the said
body corporate is governed shall, in its application to that body corporate,
have effect subject to such exceptions and modifications as may be specified in
the direction.
63. Temporary provisions as to continuance
of certain existing road transport permits: (1) Notwithstanding anything
contained in section 88 of the Motor Vehicles Act, 1988, a permit granted by
the State Transport Authority of the existing State of Madhya Pradesh or any
Regional Transport Authority in that State shall, if such permit was,
immediately before the appointed day, valid and effective in any area in the
transferred territory, be deemed to continue to be valid and effective in that
area after that day subject to the provisions of that Act as for the time being
in force in that area; and it shall not be necessary for any such permit to be
countersigned by the State Transport Authority of Chhattisgarh or any Regional
Transport Authority therein for the purpose of validating it for use in such
area.
Provided that the Central
Government may, after consultation with the successor State Government or Government
concerned add to, amend or vary the conditions attached to the permit by the
Authority by which the permit was granted.
(2) No tolls, entrance
fees or other charges of a like nature shall be levied after the appointed day
in respect of any transport vehicle for its operations in any of the successor
States under any such permit, if such vehicle was, immediately before that day,
exempt from the payment of any such toll, entrance fees or other charges for
its operations in the transferred territory.
Provided that the Central
Government may, after consultation with the State Government or Governments
concerned, authorise the levy of any such toll, entrance fees or other charges,
as the case may be.
64. Special provisions relating to retrenchment compensation
in certain cases: Where on account of the reorganisation of the existing
state of Madhya Pradesh under this Act, any body corporate constituted under a
Central Act, State Act or Provincial Act, any co-operative society registered
under any law relating to co-operative societies or any commercial or
industrial undertaking of that State is reconstituted or reorganised in any
manner whatsoever or is amalgamated with any other body corporate, co-operative
society or undertaking, or is dissolved, and in consequence of such
reconstitution, reorganisation, amalgamation or dissolution, any workman
employed by such body corporate or in any such co-operative society or
undertaking, is transferred to, or re-employed by any other body corporate, or
in any other co-operative society or undertaking, then notwithstanding anything
contained in section 25F, section 25FF or section 25FFF of the Industrial
Disputes Act, 1947, such transfer or re-employment shall not entitle him to any
compensation under that section:
Provided that—
(a) the terms and conditions of service
applicable to the workman after such transfer or re-employment are not less
favourable to the workman than those applicable to him immediately before the
transfer or re-employment;
(b) the employer in relation to the body
corporate, the co-operative society or the undertaking where the workman is
transferred or re-employed is, by agreement or otherwise, legally liable to pay
to the workman, in the event of his retrenchment, compensation under section
25F, section 25FF or section 25FFF of the Industrial Disputes Act, 1947 on the
basis that his service has been continuous and has not been interrupted by the
transfer or re-employment.
65. Special provisions as to income-tax: Where the assets, rights and liabilities of any body
corporate carrying on any business are, under the provisions of this Part,
transferred to any other bodies corporate which after the transfer carry on the
same business, the losses or profits or gains sustained by the body corporate
first mentioned which, but for such transfer, would have been allowed to be
carried forward and set off in accordance with the provisions of Chapter VI of
the Income-tax Act, 1961, shall be apportioned amongst the transferee bodies
corporate in accordance with the rules to be made by the Central Government in
this behalf and, upon such apportionment, the share of loss allotted to each
transferee body corporate shall be dealt with in accordance with the provisions
of Chapter VI of the said Act, as if the transferee body corporate had itself
sustained such loss in a business carried on by it in the years in which these
losses were sustained.
66. Continuance of facilities in certain State institutions: (1) The Government of State of Madhya Pradesh
or Chhattisgarh, as the case may be, shall, in respect of the institutions
specified in the Eighth Schedule to this Act, located in that State, continue
to provide facilities to the people of the other State which shall not, in any
respect, be less favourable to such people than what were being provided to
them before the appointed day, for such period and upon such terms and
conditions as may be agreed upon between the two State Governments within a
period of one year from the appointed day or if no agreement is reached within
the said period of one year, then, as may be fixed by order of the Central
Government.
(2) The Central
Government may, at any time within a period of one year from the appointed day,
by notification in the Official Gazette, specify in the Eighth Schedule any
other institution existing on the appointed day in the State of Madhya Pradesh
and Chhattisgarh and on the issue of such notification, the Schedule shall be
deemed to be amended by the inclusion of the said institution therein.
Part VIII
Provisions
as to Services
67. Provisions relating to All-India Services: (1)
In this section, the expression “State cadre”—
(a) in relation to the Indian Administrative
Service, has the meaning assigned to it in the Indian Administrative Service
(Cadre) Rules, 1954;
(b) in relation to the Indian Police Service, has
the meaning assigned to it in the Indian Police Service (Cadre) Rules, 1954;
(c) in relation to the Indian Forest Service, has
the meaning assigned to it in the Indian Forest Service (Cadre) Rules, 1966.
(2) In place of the
cadres of the Indian Administrative Service, Indian Police Service and Indian
Forest Service for the existing State of Madhya Pradesh, there shall, on and
from the appointed day, be two separate cadres, one for the State of Madhya
Pradesh and the other for the State of Chhattisgarh in respect of each of these
services.
(3) The initial strength
and composition of the State cadres referred to in sub-section (2) shall
be such as the Central Government may, by order, determine before the appointed
day.
(4) The members of each
of the said service borne on the Madhya Pradesh cadre thereof immediately
before the appointed day shall be allocated to the State cadres of the same
service constituted under sub-section (2) in such manner and with effect
from such date or dates as the Central Government may, by order, specify.
(5) Nothing in this
section shall be deemed to affect the operation, on or after the appointed day,
of the All-India Service Act, 1951, or the rules made thereunder.
68. Provisions relating to services in Madhya Pradesh and
Chhattisgarh: (1) Every person who immediately before the appointed
day is serving in connection with the affairs of the existing State of Madhya
Pradesh shall, on and from that day provisionally continue to serve in
connection with the affairs of the State of Madhya Pradesh unless he is
required, by general or special order of the Central Government to serve
provisionally in connection with the affairs of the State of Chhattisgarh:
Provided that no direction
shall be issued under this section after the expiry of a period of one year
from the appointed day.
(2) As soon as may be
after the appointed day, the Central Government shall, by general or special
order, determine the successor State to which every person referred to in
sub-section (1) shall be finally allotted for service and the date with
effect from which such allotment shall take effect or be deemed to have taken
effect.
(3) Every person who is
finally allotted under the provisions of sub-section (2) to a successor
State shall, if he is not already serving therein be made available for serving
in the successor State from such date as may be agreed upon between the
Governments concerned or in default of such agreement, as may be determined by
the Central Government.
69. Provisions relating to other services: (1) Nothing in this section or section 68 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 determination of
the conditions of service of persons serving in connection with the affairs of
the Union or any State:
Provided that the conditions of
service applicable immediately before the appointed day in the case of any
person deemed to have been allocated to the State of Madhya Pradesh or to the
State of Chhattisgarh under section 68 shall not be varied to his disadvantage
except with the previous approval of the Central Government.
(2) All services prior
to the appointed day rendered by a person—
(a) if he is deemed to have been allocated to any
State under section 68, shall be deemed to have been rendered in connection
with the affairs of that State;
(b) if he is deemed to have been allocated to the
Union in connection with the administration of the Chhattisgarh shall be deemed
to have been rendered in connection with the affairs of the Union,
for the purposes of the rules
regulating his conditions of service.
(3) The provisions of
section 68, shall not apply in relation to members of any All-India Service.
70. Provisions as to continuance of officers in same post: (1) Every person who, immediately before the appointed
day is holding or discharging duties of any post or office in connection with
the affairs of the existing State of Madhya Pradesh in any area which on that
day falls within any of the successor States shall continue to hold the same
post or office in that successor State, and shall be deemed on and from that
day, to have been duly appointed to the post or office by the Government of, or
any other appropriate authority in, that successor State:
Provided that nothing in this
section shall be deemed to prevent a competent authority, on and from the
appointed day, from passing in relation to such person any order affecting the
continuance in such post or office.
71. Advisory Committees: The
Central Government may, by order establish one or more Advisory Committees for
the purpose of assisting it in regard to—
(a) the discharge of any of its functions under
this Part; and
(b) the ensuring of fair and equitable treatment
to all persons affected by the provisions of this Part and the proper
consideration of any representations made by such persons.
72. Power of Central Government to give directions: The
Central Government may, give such directions to the State Government of Madhya
Pradesh and the State Government of Chhattisgarh as may appear to it to be
necessary for the purpose of giving effect to the foregoing provisions of this
Part and the State Governments shall comply with such directions.
73. Provisions as to State Public Service Commission: (1)
The Public Service Commission for the existing State of Madhya Pradesh shall,
on and from the appointed day, be the Public Service Commission for the State
of Madhya Pradesh.
(2) The persons holding
office immediately before the appointed day as Chairman or other member of the
Public Service Commission for the existing State of Madhya Pradesh shall, as
from the appointed day, be the Chairman or, as the case may be, the other
member of the Public Service Commission for the State of Madhya Pradesh.
(3) Every person who
becomes Chairman or other member of the Public Service Commission for the State
of Madhya Pradesh on the appointed day under sub-section (2), shall—
(a) be entitled to receive from the Government of
the State of Madhya Pradesh conditions of service not less favourable than
those to which he was entitled under the provisions applicable to him;
(b) subject to the proviso to clause (2) of
article 316, hold office or continue to hold office until the expiration of his
term of office as determined under the provisions applicable to him immediately
before the appointed day.
(4) The report of the
Madhya Pradesh Public Service Commission as to the work done by the Commission
in respect of any period prior to the appointed day shall be presented under
clause (2) of article 323 to the Governors of the States of Madhya
Pradesh and Chhattisgarh, and the Governor of the State of Madhya Pradesh
shall, on receipt of such report, cause a copy thereof together with a
memorandum explaining as far as possible, as respects the cases, if any, where
the advice of the Commission was not accepted, the reasons for such
non-acceptance to be laid before the Legislature of the State of Madhya Pradesh
and it shall not be necessary to cause such report or any such memorandum to be
laid before the Legislative Assembly of the State of Chhattisgarh.
74. Jurisdiction of the Commissions, Authorities and Tribunals:
(1) Notwithstanding anything contained in any law for the time being in
force, every Commission, Authority, Tribunal, University, Board or any other
body constituted under a Central Act, State Act or Provincial Act and having
jurisdiction over the existing State of Madhya Pradesh shall on and from the
appointed day continue to function in the successor State of Madhya Pradesh and
also exercise jurisdiction as existed before the appointed day over the State
of Chhattisgarh for a maximum period of two years from the appointed day or
till such period as is decided by mutual agreement between the successor
States—
(i) to continue such body as a joint body for the
successor States; or
(ii) to abolish it, on the expiry of that period,
for either of the successor States; or
(iii) to constitute a separate Commission,
Authority, Tribunal, University, Board or any other body, as the case may be,
for the State of Chhattisgarh,
whichever is earlier.
(2) No suit or other
legal proceeding shall be instituted, in case such body is abolished under
clause (ii) of sub-section (1), by any employee of such body
against the termination of his appointment or for the enforcement of any
service conditions or for securing absorption in alternative public employment
against the Central Government or any of the successor States.
(3) Notwithstanding
anything contained in any law for the time being in force or in any judgment,
decree or order of any court or Tribunal or contract or agreement, any Chairman
or member of any body abolished under clause (ii) of sub-section (1)
shall not be entitled to any compensation for the unexpired period of his
tenure.
(4) Notwithstanding
anything contained in this section or any law for the time being in force, the
Central Government shall, in accordance with any mutual agreement between the
successor States or if there is no such agreement, after consultation with the
Governments of the successor States, issue directions for the resolution of any
matter relating to any body referred to in sub-section (1) and falling
within the jurisdiction of any of the successor States within any period
referred to in sub-section (1).
Part IX
Management
and Development of Power and water resources
75. Management of power and water supply in certain cases: (1) Where it appears to the Central Government that
the arrangement in regard to the generation or supply of electric power or the
supply of water for any area or in regard to the execution of any project for such
generation or supply has been or is likely to be, modified to the disadvantage
of that area by reason of the formation of successor States. The Central
Government may, after consultation with the successor States, give such
directions to the State Government or other authority responsible for the
maintenance, so far as practicable, of such arrangement before the appointed
day.
(2) The Central
Government shall within a period of three months from the appointed day, by
order, also determine the share of the successor States in the entitlement of
the existing State of Madhya Pradesh to power produced by the Central
Government undertakings having due regard to the likely disadvantage which
might have been occasioned to any successor State as a result of modified
arrangements for generation and supply of electric power.
76. Inter-State River Water Board: (1) The Central
Government may, as and when it considers necessary, constitute an inter-State
River Water Board, after consultation with the successor States, for the
planning and development of inter-State rivers and river valleys.
(2) The Inter-State
River Board constituted under sub-section (1) may be entrusted with the
following functions, namely:—
(a) to examine the requirement of funds for
various projects according to the programmes laid down for such projects and to
advise regarding the apportionment of the expenditure to the State
participating to implement such programmes keeping in view the agreement on the
sharing of costs;
(b) to decide the sharing and withdrawal of water
from the reservoirs for irrigation, power and other purposes with a view to
securing better use of available water;
(c) to determine the programmes of re-settlement
of displaced persons as a result of the projects; and
(d) to approve and supervise the planning, survey
and investigation, preparation of project reports and construction of joint
inter-State projects and their subsequent operation and maintenance.
Part X
Legal
and miscellaneous provisions
77. Amendment of Act 37 of 1956: On and from the appointed day, in section 15 of the States
Reorganisation Act, 1956, in clause (b), for the words “Uttar Pradesh
and Madhya Pradesh”, the words “Uttar Pradesh, Madhya Pradesh and Chhattisgarh”
shall be substituted.
78. Territorial extent of laws: The provisions of Part II of this Act shall not be deemed to
have effected any change in the territories to which any law in force
immediately before the appointed day extends or applies, and territorial
references in any such law to the State of Madhya Pradesh shall, until
otherwise provided by a competent Legislature or other competent authority be
constituted as meaning the territories within the existing State of Madhya
Pradesh before the appointed day.
79. Power to adapt laws: For
the purpose of facilitating the application in relation to the State of Madhya
Pradesh or Chhattisgarh of any law made before the appointed day, the
appropriate Government may, before the expiration of two years from that 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.
Explanation.—In this section, the expression “appropriate Government”
means as respects any law relating to a matter enumerated in the Union List,
the Central Government, and as respects any other law in its application to a
State, the State Government.
80. Power to construe laws: Notwithstanding
that no provision or insufficient provision has been made under section 79 for
the adaptation of a law made before the appointed day, any court, tribunal or
authority, required or empowered to enforce such law may, for the purpose of
facilitating its application in relation to the State of Madhya Pradesh or
Chhattisgarh, 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.
81. Power to name authorities, etc., for exercising statutory
functions: The Government of the State of
Chhattisgarh, as respects the transferred territory may, by notification in the
Official Gazette, specify the authority, officer or person who, on or after the
appointed day, shall be competent to exercise such functions exercisable under
any law in force on that day as may be mentioned in that notification and such
law shall have effect accordingly.
82. Legal proceedings: Where
immediately before the appointed day, the existing State of Madhya Pradesh is a
party to any legal proceedings with respect to any property, rights or
liabilities subject to apportionment between the State of Madhya Pradesh and Chhattisgarh
under this Act, the State of Madhya Pradesh or Chhattisgarh which succeeds to,
or acquires a share in, that property or those rights or liabilities by virtue
of any provision of this Act shall be deemed to
be substituted for the existing State of Madhya Pradesh or added as
a party to those proceedings, and the proceedings may continue accordingly.
83. Transfer of pending proceedings: (1) Every proceedings pending immediately before the
appointed day before a court (including High Court), tribunal, authority or
officer in any area which on that day falls within the State of Madhya Pradesh
shall, if it is a proceeding relating exclusively to the territory, which as
from that day are the territories of Chhattisgarh State, stand transferred to the
corresponding court, tribunal, authority or officer of the State of
Chhattisgarh.
(2) If any question
arises as to whether any proceeding should stand transferred under sub-section
(1), it shall be referred to the High Court of Madhya Pradesh and the decision
of that High Court shall be final.
(3) In this section—
(a) “proceeding” includes any suit, case or
appeal; and
(b) “corresponding court, tribunal, authority or
officer” in the State of Chhattisgarh means—
(i) the court, tribunal, authority or officer
in which, or before whom, the proceeding would have laid if it had been
instituted after the appointed day; or
(ii) in case of doubt, such court,
tribunal, authority, or officer in the State of Chhattisgarh, as may be
determined after the appointed day by the Government of that State or the
Central Government, as the case may be, or before the appointed day by the
Government of the existing State of Madhya Pradesh to be the corresponding
court, tribunal, authority or officer.
84. Right of pleaders to practise in certain cases: Any person who, immediately before the appointed day, is
enrolled as a pleader entitled to practise in any subordinate courts in the
existing State of Madhya Pradesh shall, for a period of one year from that day,
continue to be entitled to practise in those courts, notwithstanding that the
whole or any part of the territories within the jurisdiction of those courts
has been transferred to the State of Chhattisgarh.
85. Effect of provisions of the Act inconsistent with other laws:
The provisions of this Act shall have
effect notwithstanding anything inconsistent therewith contained in any other
law.
86. Power to remove difficulties: (1) If any difficulty arises in giving effect to the
provisions of this Act, the President may, by order, 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 a period of three years from the appointed
day.
(2) Every order made
under this section shall be laid, before each House of Parliament.
The Uttar Pradesh Reorganisation Act, 2000
An Act to provide for the reorganisation of the
existing State of Uttar Pradesh and for matters connected therewith.
Be it enacted by Parliament in the Fifty-first Year of the
Republic of India as follows:—
Part I
Preliminary
1. Short title: This
Act may be called the Uttar Pradesh Reorganisation Act, 2000.
2. Definitions: In this Act, unless the context otherwise requires,—
(a) “appointed day” means the day which the
Central Government may, by notification in the Official Gazette, appoint;
(b) “article” means an article of the
Constitution;
(c) “assembly constituency”, “council
constituency“ and “parliamentary constituency” have the same meanings as in the
Representation of the People Act, 1950;
(d) “Election Commission” means the Election
Commission appointed by the President under article 324;
(e) “existing State of Uttar Pradesh” means the
State of Uttar Pradesh as existing immediately before the appointed day;
(f) “law” includs any enactment, ordinance,
regulation, order, bye-law, rule, scheme, notification or other instrument
having, immediately before the appointed day, the force of law in the whole or
in any part of the existing State of Uttar Pradesh;
(g) “notified order” means an order published in
the Official Gazette;
(h) “population ratio”, in relation to the States
of Uttar Pradesh and Uttaranchal, means the ratio of 1321:70;
(i) “sitting member”, in relation to either House
of Parliament or of the Legislature of the existing State of Uttar Pradesh,
means a person who immediately before the appointed day, is a member of that
House;
(j) “successor State”, in relation to the
existing State of Uttar Pradesh, means the State of Uttar Pradesh or
Uttaranchal;
(k) “transferred territory” means the territory
which on the appointed day is transferred from the existing State of Uttar
Pradesh to the State of Uttaranchal;
(l) “treasury” includes a sub-treasury; and
(m) any reference to a district, tehsil or other
territorial division of the existing State of Uttar Pradesh shall be construed
as a reference to the area comprised within that territorial division on the
appointed day.
Part II
Reorganisation
of the State of Uttar Pradesh
3. Formation of Uttaranchal State: On and from the appointed day, there shall be formed a new
State to be known as the State of Uttaranchal comprising the following
territories of the existing State of Uttar Pradesh, namely:—
Pauri
Garhwal, Tehri Garhwal, Uttar Kashi, Chamoli, Dehradun, Nainital, Almora,
Pithoragarh, Udham Singh Nagar, Bageshwar, Champawat, Rudraprayag and Hardwar
districts,
and thereupon the said
territories shall cease to form part of the existing State of Uttar Pradesh.
4. State of Uttar Pradesh and territorial divisions thereof:
On and from the appointed day, the State of Uttar Pradesh shall comprise
the territories of the existing State of Uttar Pradesh other than those
specified in section 3.
5. Amendment of the First Schedule to the Constitution: On
and from the appointed day, in the First Schedule to the Constitution, under
the heading “I. THE STATES”,—
(a) in the paragraph relating to the territories
of the State of Uttar Pradesh, after the words, brackets and figures “clause (a)
of sub-section (1) of section 3 of the Bihar and Uttar Pradesh
(Alteration of Boundaries) Act, 1968”, the following shall be inserted,
namely:—
“and
the territories specified in section 3 of the Uttar Pradesh Reorganisation Act,
2000”;
(b) after entry 26, the following entry shall be
inserted, namely:—
“27. Uttaranchal:
The territories specified in section 3 of the Uttar Pradesh Reorganisation Act,
2000”.
6. Saving powers of State Government: Nothing in the
foregoing provisions of this Part shall be deemed to affect the power of the
Government of Uttar Pradesh or Uttaranchal to alter, after the appointed day,
the name, area or boundaries of any district or other territorial division in
the State.
Part III
Representation
in the Legislature
The Council of States
7. Amendment of the Fourth Schedule to the Constitution: On and from the appointed day, in the Fourth Schedule to the
Constitution, in the Table,
(a) entries 17 to 28 shall be renumbered as entries 18
to 29 respectively;
(b) in entry 16, for the figures “34”, the figures “31”
shall be substituted;
(c) after entry 16, the following entry shall be
inserted, namely:—
“17. Uttaranchal
...............................................3”.
8. Allocation of sitting members: (1) On and from
the appointed day, thirty-four sitting members of the Council of States
representing the existing State of Uttar Pradesh shall be deemed to have been
elected to fill the seats allotted to the States of Uttar Pradesh and
Uttaranchal, as specified in the First Schedule to this Act.
(2) The term of office
of such sitting members shall remain unaltered.
The House of the People
9. Representation in the House of the People: On and from the appointed day, there shall be allocated 80
seats to the successor State of Uttar Pradesh, and 5 to the successor State of
Uttaranchal, 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.
10. Delimitation of Parliamentary and Assembly
Constituencies: On and from the appointed day, the Delimitation of
Parliamentary and Assembly Constituencies Order, 1976, shall stand amended as
directed in the Second Schedule to this Act.
11. Provision as to sitting members: (1) Every sitting member of the House of the People
representing a constituency which, on the appointed day by virtue of the
provisions of section 10, stands allotted, with or without alteration of
boundaries, to the successor State of Uttar Pradesh or Uttaranchal, shall be
deemed to have been elected to the House of the People by that constituency as
so allotted.
(2) The term of office
of such sitting members shall remain unaltered.
The Legislative Assembly
12. Provisions as to Legislative Assemblies: (1)
The number of seats as on the appointed day in the Legislative Assemblies of
the State of Uttar Pradesh and Uttaranchal shall be four hundred and three and
seventy respectively.
(2) In the Second
Schedule to the Representation of the People Act, 1950, under heading “I. States”—
(a) entries 25 and 26 shall be renumbered as
entries 26 and 27 respectively;
(b) after entry 24, the following entry shall be
inserted, namely:‑
“1 5
25. Uttaranchal.....................70”;
(c) in entry 26 as so renumbered, for the figures
“425”, the figures “403” shall be substituted.
13. Allocation of sitting members: (1) Every sitting member of the Legislative Assembly
of the existing State of Uttar Pradesh elected to fill a seat in that Assembly
from a constituency which on the appointed day by virtue of the provisions of
section 10 stands allotted, with or without alteration of boundaries, to the
State of Uttaranchal shall, on and from that day, cease to be a member of the
Legislative Assembly of Uttar Pradesh and shall be deemed to have been elected
to fill a seat in the provisional Legislative Assembly of Uttaranchal from that
constituency as so allotted.
(2) All other sitting
members of the Legislative Assembly of the existing State of Uttar Pradesh
shall continue to be members of the Legislative Assembly of that State and any
such sitting member representing a constituency the extent or the name and
extent of which are altered by virtue of the provisions of section 10 shall be
deemed to have been elected to the Legislative Assembly of Uttar Pradesh by
that constituency as so altered.
(3) Notwithstanding anything contained in any
other law for the time being in force the Legislative Assemblies of Uttar
Pradesh and Uttaranchal shall be deemed to be duly constituted on the appointed
day.
(4) The sitting member
of the Legislative Assembly of the existing State of Uttar Pradesh nominated to
that Assembly under article 333 to represent the Anglo-Indian community shall
be deemed to have been nominated to represent the said community in the
Legislative Assembly of Uttar Pradesh under that article.
14. Composition of provisional Legislative Assembly of
Uttaranchal: (1) On and from the appointed day and until the
Legislative Assembly of the successor State of Uttaranchal has been duly
constituted and summoned to meet for the first session under the provisions of
the Constitution, a provisional Legislative Assembly of the State of
Uttaranchal, consisting of the twenty-two sitting members of the Legislative
Assembly and nine members of the Legislative Council of the existing State of
Uttar Pradesh representing the Assembly constituencies or Council
constituencies of the territories transferred by virtue of the provisions of
section 3 shall be constituted.
(2) The provisional
Legislative Assembly of the State of Uttaranchal shall exercise all the powers
and perform all the duties conferred by the provisions of the Constitution on
the Legislative Assembly of that State.
(3) The term of office
of the members of the provisional Legislative Assembly of the State of
Uttaranchal shall, unless the said Legislative Assembly is sooner dissolved,
expire immediately before the first meeting of the Legislative Assembly of the
State of Uttaranchal.
15. Duration of Legislative Assemblies: The period of five years referred to in clause (1) of
article 172 shall, in the case of the Legislative Assembly of the State of
Uttar Pradesh, be deemed to have commenced on the date on which it actually
commenced in the case of the Legislative Assembly of the existing State of
Uttar Pradesh.
16. Speaker and Deputy Speaker: (1) The persons who immediately before the appointed
day are the Speaker and Deputy Speaker of the Legislative Assembly of the
existing State of Uttar Pradesh shall continue to be the Speaker and Deputy
Speaker respectively of that Assembly on and from that day.
(2) As soon as may be
after the appointed day, the provisional Legislative Assembly of the successor
State of Uttaranchal shall choose two members of that Assembly to be
respectively Speaker and Deputy Speaker thereof and until they are so chosen,
the duties of the office of Speaker shall be performed by such member of the
Assembly as the Governor may appoint for the purpose.
17. Rules of procedure: The
rules of procedure and conduct of business of the Legislative Assembly of Uttar
Pradesh as in force immediately before the appointed day shall, until rules are
made under clause (1) of article 208, be the rules of procedure and
conduct of business of the Legislative Assembly of Uttaranchal, subject to such
modifications and adaptations as may be made therein by the Speaker thereof.
The Legislative Council of Uttar Pradesh
18. Legislative Council of Uttar Pradesh: On and from the
appointed day, there shall be ninety-nine seats in the Legislative Council of
Uttar Pradesh, and in the Third Schedule to the Representation of the People
Act, 1950, for the existing entry 8, the following entry shall be substituted,
namely:—
“8. Uttar Pradesh...........................99 36
8 8 37 10”.
19. Amendment of the Delimitation of Council Constituencies: On and from the appointed day, the Delimitation of the
Council Constituencies (Uttar Pradesh) order, 1951 shall stand amended as
directed in the Third Schedule.
20. Provision as to certain sitting members: (1) On and from the appointed day, the sitting
members of the Legislative Council of the existing State of Uttar Pradesh
specified in the Fourth Schedule to this Act shall cease to be members of that
Council and shall be deemed to be the members of the provisional Legislative
Assembly.
(2) On and from the
appointed day, all sitting members of the Legislative Council of the existing
State of Uttar Pradesh other than those referred to in sub-section (1)
shall continue to be members of that Council.
(3) The term of office
of the members referred to in sub-section (2) shall remain unaltered.
21. Deputy Chairman: The person who immediately before
the appointed day is the Deputy Chairman of the Legislative Council of the
existing State of Uttar Pradesh shall continue to be the Deputy Chairman, on
and from that day of that Council.
Delimitation of constituencies
22. Delimitation of constituencies: (1) For the purpose of giving effect to the provisions
of section 12, the Election Commission shall determine in the manner
hereinafter provided—
(a) the number of seats to be reserved for the
Scheduled Castes and the Scheduled Tribes in the Legislative Assemblies of the
State of Uttar Pradesh and Uttaranchal, respectively, having regard to the
relevant provisions of the Constitution;
(b) the assembly constituencies into which each
State referred to in clause (a) shall be divided, the extent of each of
such constituencies and in which of them seats shall be reserved for the
Scheduled Castes or for the Scheduled Tribes; and
(c) the adjustments in the boundaries and
description of the extent of the parliamentary constituencies in each State
referred to in clause (a) that may be necessary or expedient.
(2) In determining the
matters referred to in clauses (b) and (c) of sub-section (1),
the Election Commission shall have regard to the following provisions; namely:—
(a) all the constituencies shall be single-member
constituencies;
(b) all constituencies shall, as far as
practicable, be geographically compact areas, and in delimiting them, regard
shall be had to physical features, existing boundaries of administrative units,
facilities of communication and conveniences to the public; and
(c) constituencies in which seats are reserved
for the Scheduled Castes and the Scheduled Tribes shall, as far as practicable,
be located in areas where the proportion of their population to the total
population is the largest.
(3) The Election Commission shall, for the purpose
of assisting it in the performance of its functions under sub-section (1),
associate with itself as associate members, five persons as the Central
Government may by order specify, being persons who are the members of the
Legislative Assembly of the State or of the House of the People representing
the State:
Provided that none of the
associate members shall have a right to vote or to sign any decision of the
Election Commission.
(4) If, owing to death
or resignation, the office of an associate member falls vacant, it shall be
filled as far as practicable, in accordance with the provisions of sub-section
(3).
(5) The Election
Commission shall—
(a) publish its proposals for the delimitation of
constituencies together with the dissenting proposals, if any, of any associate
member who desires publication thereof in the Official Gazette and in such
other manner as the Commission may consider fit. together with a notice
inviting objections and suggestions in relation to the proposals and specifying
a date on or after which the proposals will be further considered by it;
(b) consider all objections and suggestions which
may have been received by it before the date so specified; and
(c) after considering all objection and
suggestions which may have been received by it before the date so specified,
determine by one or more orders the delimitation of constituencies and cause
such order or orders to be published in the Official Gazette; and upon such
publication, the order or orders shall have the full force of law and shall not
be called in question in any court.
(6) As soon as may be
after such publication, every such order relating to assembly constituencies
shall be laid before the Legislative Assembly of the concerned State.
23. Power of Election Commission to maintain Delimitation
Orders up-to-date: (1) The Election Commission may, from time to
time, by notification in the Official Gazette,—
(a) correct any printing mistakes in any order
made under section 22 or any error arising therein from inadvertent slip or
omission; and
(b) where the boundaries or name of any
territorial division mentioned in any such order or orders is or are altered,
make such amendments as appear to it to be necessary or expedient for bringing
such order up-to date.
(2) Every notification under this section relating
to an assembly constituency shall be laid, as soon as may be after it is
issued, before the concerned Legislative Assembly.
Scheduled Castes and Scheduled Tribes
24. Amendment of the Scheduled Castes Order: On and from the appointed day, the Constitution (Scheduled
Castes) Order, 1950, shall stand amended as directed in the Fifth Schedule to
this Act.
25. Amendment of the Schedule Tribes Order: On and from
the appointed day, the Constitution (Scheduled Tribes) Order, 1950, shall stand
amended as directed in the Sixth Schedule to this Act.
Part IV
High
Court
26. High Court of Uttaranchal: (1) As from the
appointed day, there shall be a separate High Court for the State of
Uttaranchal (hereinafter referred to as “the High Court of Uttaranchal”) and
the High Court of Judicature at Allahabad shall become the High Court for the
State of Uttar Pradesh (hereinafter referred to as the High Court at
Allahabad).
(2) The principal seat
of the High Court of Uttaranchal shall be at such place as the President may,
by notified order, appoint.
(3) Notwithstanding
anything contained in sub-section (2), the Judges and division courts of
the High Court of Uttaranchal may sit at such other place or places in the
State of Uttaranchal other than its principal seat as the Chief Justice may,
with the approval of the Governor of Uttaranchal, appoint.
27. Judges of Uttaranchal High Court: (1) Such of the Judges of the High Court at Allahabad
holding office immediately before the appointed day as may be determined by the
President shall on that day cease to be Judges of the High Court at Allahabad
and become Judges of the High Court of Uttaranchal.
(2) The persons who by
virtue of sub-section (1) become Judges of the High Court of Uttaranchal
shall, except in the case where any such person is appointed to be the Chief
Justice of that High Court, rank in that Court according to the priority of
their respective appointments as Judges of the High Court at Allahabad.
28. Jurisdiction of Uttaranchal High Court: The High
Court of Uttaranchal shall have, in respect of any part of the territories
included in the State of Uttaranchal, all such jurisdiction, powers and
authority as, under the law in force immediately before the appointed day, are
exercisable in respect of that part of the said territories by the High Court
at Allahabad.
29. Special provision relating to Bar Council and advocates:
(1) On and from the appointed day, in the Advocates Act, 1961, in
section 3, in sub-section (1), in clause (a), for the words “and Uttar
Pradesh”, the words “Uttar Pradesh and Uttaranchal” shall be substituted.
(2) Any person who
immediately before the appointed day is an advocate on the roll of the Bar
Council of the existing State of Uttar Pradesh may give his option in writing,
within one year from the appointed day to the Bar Council of such existing
State, to transfer his name on the roll of the Bar Council of Uttaranchal and
notwithstanding anything contained in the Advocates Act, 1961 and the rules
made thereunder, on such option so given his name shall be deemed to have been
transferred on the roll of the Bar Council of Uttaranchal with effect from the
date of the option so given for the purposes of the said Act and the rules made
thereunder.
(3) The persons other
than the advocates who are entitled immediately before the appointed day, to
practise in the High Court at Allahabad or any subordinate court thereof shall,
on and after the appointed day, be recognised as such persons entitled also to
practise in the High Court of Uttaranchal or any subordinate court thereof, as
the case may be.
(4) The right of audience
in the High Court of Uttaranchal shall be regulated in accordance with the like
principles as immediately before the appointed day are in force with respect to
the right of audience in the High Court at Allahabad.
30. Practice and procedure in Uttaranchal High Court: Subject to the provisions of this Part, the law in force
immediately before the appointed day with respect to practice and procedure in
the High Court at Allahabad shall, with the necessary modifications, apply in
relation to the High Court of Uttaranchal, and accordingly, the High Court of
Uttaranchal shall have all such powers to make rules and orders with respect to
practice and procedure as are immediately before the appointed day exercisable
by the High Court at Allahabad:
Provided that any rules or
orders which are in force immediately before the appointed day with respect to
practice and procedure in the High Court at Allahabad shall, until varied or
revoked by rules or orders made by the High Court of Uttaranchal, apply with
the necessary modifications in relation to practice and procedure in the High
Court of Uttaranchal as if made by the Court.
31. Custody of seal of Uttaranchal
High Court: The law in force immediately
before the appointed day with respect to the custody of the seal of the High
Court at Allahabad shall, with the necessary modifications, apply with respect
to the custody of the seal of the High Court of Uttaranchal.
32. Form of writs and other
processes: The law in force immediately
before the appointed day with respect to the form of writes and other processes
used, issued or awarded by the High Court at Allahabad shall, with the
necessary modifications, apply with respect to the form of writs and other processes
used, issued or awarded by the High Court of Uttaranchal.
33. Powers of Judges: The law in force immediately before
the appointed day relating to the powers of the Chief Justice, single Judges
and division courts of the High Court at Allahabad and with respect to all
matters ancillary to the exercise of those powers shall, with the necessary
modifications, apply in relation to the High Court of Uttaranchal.
34. Procedure as to appeals to Supreme Court: The law in force immediately before the appointed day
relating to appeals to the Supreme Court from the High Court at Allahabad and
the Judges and division courts thereof shall, with the necessary modifications,
apply in relation to the High Court of Uttaranchal.
35. Transfer of proceedings from Allahabad High Court to
Uttaranchal High Court: (1) Except as
hereinafter provided, the High Court at Allahabad shall, as from the appointed
day, have no jurisdiction in respect of the transferred territory.
(2) Such proceedings
pending in the High Court at Allahabad immediately before the appointed day as
are certified, whether before or after that day, by the Chief Justice of that
High Court, having regard to the place of accrual of the cause of action and
other circumstances, to be proceedings which ought to be heard and decided by
the High Court of Uttaranchal shall, as soon as may be after such
certification, be transferred to the High Court of Uttaranchal.
(3) Notwithstanding
anything contained in sub-sections (1) and (2) of this section or in
section 28, but save as hereinafter provided, the High Court at Allahabad shall
have, and the High Court of Uttaranchal shall not have, jurisdiction to
entertain, hear or dispose of appeals, applications for leave to the Supreme
Court, applications for review and other proceedings where any such proceedings
seek any relief in respect of any order passed by the High Court at Allahabad
before the appointed day:
Provided that if after any such
proceedings have been entertained by the High Court at Allahabad, it appears to
the Chief Justice of that High Court that they ought to be transferred to the
High Court of Uttaranchal, he shall order that they shall be so transferred,
and such proceedings shall thereupon be transferred accordingly.
(4) Any order made by
the High Court at Allahabad—
(a) before the appointed day, in any proceedings
transferred to the High Court of Uttaranchal by virtue of sub-section (2), or
(b) in any proceedings with respect to which the
High Court at Allahabad retains jurisdiction by virtue of sub-section (3),
shall for all purposes have
effect, not only as an order of the High Court at Allahabad, but also as an
order made by the High Court of Uttaranchal.
36. Right to appear or to act in proceedings transferred to
Uttaranchal High Court: Any person who, immediately before the appointed
day, is an advocate entitled to practise or any other persons entitled to
practise in the High Court at Allahabad and was authorised to appear in any
proceedings transferred from that High Court to the High Court of Uttaranchal
under section 35, shall have the right to appear in the High Court of
Uttaranchal in relations to those proceedings.
37. Interpretation: For
the purposes of section 35—
(a) proceedings shall be deemed to be pending in
a court until that court has disposed of all issues between the parties,
including any issues with respect to the taxation of the costs of the
proceeding and shall include appeals, applications for leave to appeal to the
Supreme Court, applications for review, petitions for revision and petitions
for writs; and
(b) references to a High Court shall be construed
as including references to a Judge or division court thereof, and references to
an order made by a court or a Judge shall be construed as including references
to a sentence, judgment or decree passed or made by that court or Judge.
38. Saving: Nothing in this Part shall affect the
application to the High Court of Uttaranchal of any provisions of the
Constitution, and this Part shall have effect subject to any provision that may
be made on or after the appointed day with respect to that High Court by any
Legislature or other authority having power to make such provision.
Part V
Authorisation
of Expenditure and Distribution of Revenues
39. Authorisation of expenditure of Uttaranchal State:
The Governor of Uttar Pradesh may, at any time before the appointed day,
authorise such expenditure from the Consolidated Fund of the State of
Uttaranchal as he deems necessary for any period not more than six months
beginning with the appointed day pending the sanction of such expenditure by
the Legislative Assembly of the State of Uttaranchal:
Provided that the Governor of
Uttaranchal may, after the appointed day, authorise such further expenditure as
he deems necessary from the Consolidated Fund of the State of Uttaranchal for
any period not extending beyond the said period of six months.
40. Reports relating to accounts of Uttar Pradesh State: (1) The reports of the Comptroller and Auditor-General
of India referred to in clause (2) of article 151 relating to the
accounts of the existing State of Uttar Pradesh in respect of any period prior
to the appointed day shall be submitted to the Governor of each of the
successor State of Uttar Pradesh and Uttaranchal who shall cause them to be
laid before the Legislature of that State.
(2) The President may by
order—
(a) declare any expenditure incurred out of the
Consolidated Fund of Uttar Pradesh on any service in respect of any period
prior to the appointed day during the financial year or in respect of any
earlier financial year in excess of the amount granted for that service and for
that year as disclosed in the reports referred to in sub-section (1) to
have been duly authorised; and
(b) provide for any action to be taken on any
matter arising out of the said reports.
41. Distribution of revenue: The President shall, by
order, determine the share of the States of Uttar Pradesh and Uttaranchal in
its total amount payable to the existing State of Uttar Pradesh on the
recommendation of the Finance Commission constituted under article 280 of the
Constitution, in such manner as he thinks fit.
Part VI
Apportionment
of Assets and Liabilities
42. Application of Part: (1)
The provisions of this Part shall apply in relation to the apportionment of the
assets and liabilities of the State of Uttar Pradesh immediately before the
appointed day.
(2) The successor State
shall be entitled to receive benefits arising out of the decisions taken by the
predecessor State and the successor States shall be liable to bear the
financial liabilities arising out of the decisions taken by the existing State
of Uttar Pradesh.
(3) The apportionment of
assets and liabilities would be subject to such financial adjustment as may be
necessary to secure just, reasonable and equitable apportionment of the assets
and liabilities amongst the successor States.
(4) Any dispute
regarding the amount of financial assets and liabilities shall be settled
through mutual agreement, failing which by order by the Central Government on
the advice of the Comptroller and Auditor-General of India.
43. Land and goods: (1) Subject to the other
provisions of this Part, all land and all stores, articles and other goods
belonging to the existing State of Uttar Pradesh shall,—
(a) if within the transferred territory, pass to
the State of Uttaranchal; or
(b) in any other case, remain the property of the
State of Uttar Pradesh:
Provided that where the Central
Government is of opinion that any goods or class of goods should be distributed
among the States of Uttar Pradesh and Uttaranchal, otherwise than according to
the situation of the goods, the Central Government may issue such directions as
it thinks fit for a just and equitable distribution of the goods and the goods
shall pass to the successor States accordingly:
Provided further that in case
of any dispute relating to the distribution of any goods or class of goods
under this sub-section the Central Government shall endeavour to settle such
dispute through mutual agreement arrived at between the Governments of the
successor States for that purpose, failing which the Central Government may, on
request by any of the Governments of the Successor States, after consulting
both the Governments of the successor States, issue such direction as it may
deem fit for the distribution of such goods or class of goods, as the case may
be, under this sub-section.
(2) Stores held for
specific purposes, such as use or utilisation in particular institutions,
workshops or undertakings or on particular works under construction, shall pass
to the successor States in whose territories such institutions, workshops, undertakings
or works are located.
(3) Stores relating to
the Secretariat and offices of Heads of Departments having jurisdiction over
the whole of the existing State of Uttar Pradesh shall be divided between the
successor States in accordance with such direction as the Central Government
may, after consultation with the Government of each successor States, think fit
to issue for a just and equitable distribution of such stores.
(4) Any other unissued
stores of any class in the existing State of Uttar Pradesh shall be divided
between the successor States in proportion to the total stores of that class
purchased in the period of three years prior to the appointed day, for the
territories of the existing State of Uttar Pradesh included respectively in
each of the successor States:
Provided that where such
proportion cannot be ascertained in respect of any class of stores or where the
value of any class of such stores does not exceed rupees ten thousand, that
class of stores shall be divided between the successor States according to the
population ratio.
(5) In 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.
44. Treasury and bank balances: The total of the cash
balances in all treasuries of the State of Uttar Pradesh and the credit
balances of the State with Reserve Bank of India, the State Bank of India or
any other bank immediately before the appointed day shall be divided between
the States of Uttar Pradesh and Uttaranchal according to the population ratio:
Provided that for the purposes
of such division, there shall be no transfer of cash balances from any treasury
to any other treasury and the apportionment shall be effected by adjusting the
credit balances of the two States in the books of the Reserve Bank of India on
the appointed day:
Provided further that if the
State of Uttaranchal has no account on the appointed day with the Reserve Bank
of India, the adjustment shall be made in such manner as the Central Government
may, by order, direct.
45. Arrears of taxes: The right to recover arrears of any
tax or duty on property, including arrears of land revenue, shall belong to the
successor State in which the property is situated, and the right to recover
arrears of any other tax or duty shall belong to the successor State in whose
territories the place of assessment of that tax or duty is included on the
appointed day.
46. Right to recover loans and advances: (1) The
right of the existing State of Uttar Pradesh to recover any loans or advances
made before the appointed day to any local body, society, agriculturist or
other person in an area within that State shall belong to the successor State
in which that area is included on that day.
(2) The right of the
existing State of Uttar Pradesh to recover any loans or advances made before
the appointed day to any person or institution outside that State shall belong
to the State of Uttar Pradesh:
Provided that any sum recovered
in respect of any such loan or advance shall be divided between the State of
Uttar Pradesh and Uttaranchal according to the population ratio.
47. Investments and credits in certain funds: The securities held in respect of the investments made from Cash
Balances Investment Account or from any Fund in the Public Account of the
existing State of Uttar Pradesh as specified in the Seventh Schedule shall be
apportioned in the ratio of population of the successor States:
Provided that the securities
held in investments made from the Calamity Relief Fund of the existing State of
Uttar Pradesh shall be divided in the ratio of the area of the territories
occupied by the successor States:
Provided further that the
balance in the Reserve Funds in the Public Account of Uttar Pradesh created
wholly out of appropriations from the Consolidated Fund of the existing State
of Uttar Pradesh, to the extent the balances have not been invested outside
Government account, shall not be carried forward to similar Reserve Funds in
the Public Account of, successor States.
(2) The investments of
the existing State of Uttar Pradesh immediately before the appointed day in any
special fund the objects of which are confined to a local area, shall belong to
the State in which that area is included on the appointed day.
(3) The investments of
the existing State of Uttar Pradesh immediately before the appointed day in any
private, commercial or industrial undertaking, in so far as such investments
have not been made or are deemed not to have been made from the Cash Balance
Investment Account, shall pass to the State in which the principal seat of
business of the undertaking is located.
(4) Where any body
corporate constituted under a Central Act, State Act of Provincial Act for the
existing State of Uttar Pradesh or any part thereof has, by virtue of the
provisions of Part II, become an inter-State body corporate, the investments
in, or loans or advances to, any such body corporate by the existing State of
Uttar Pradesh made before the appointed day shall, save as otherwise expressly
provided by or under this Act, be divided between the States of Uttar Pradesh
and Uttaranchal in the same proportion in which the assets of the body
corporate are divided under the provisions of this Part.
48. Assets and liabilities of State Undertaking: (1)
The assets and liabilities relating to any commercial or Industrial undertaking
of the State of Uttar Pradesh shall pass to the State in which the undertaking
is located.
(2) Where a depreciation
reserve fund is maintained by the State of Uttar Pradesh for any such
commercial or industrial undertaking, the securities held in respect of
investments made from that fund shall pass to the State in which the
undertaking is located.
49. Public Debt: (1) All liabilities on account of
Public Debt and Public Account of the existing State of Uttar Pradesh
outstanding immediately before the appointed day shall be apportioned in the
ratio of population of the successor States unless a different mode of
apportionment is provided under the provisions of this Act.
(2) The individual items
of liabilities to be allocated to the successor States and the amount of
contribution required to be made by one successor State to another shall be
such as may be ordered by the Central Government in consultation with the
Comptroller and Auditor-General of India:
Provided that till such orders
are issued, the liabilities on account of Public Debt and Public Account of the
existing State of Uttar Pradesh shall continue to be the liabilities of the
successor State of Uttar Pradesh.
(3) The liability on
account of loans raised from any source and re-lent by the existing State of
Uttar Pradesh to such entities as may be specified by the Central Government
and whose area of operation is confined to either of the successor States shall
devolve on the respective States as specified in sub-section (4).
(4) The Public Debt of
the existing State of Uttar Pradesh attributable to loan taken from any source
for the express purpose of re-lending the same to a specific institution and
outstanding immediately before the appointed day shall,—
(a) if re-lent to any local body, body corporate
or other institution in any local area, be the debt of the State in which the
local area is included on the appointed day; or
(b) if re-lent to the Uttar Pradesh Power
Corporation Limited, the Uttar Pradesh Jal Vidyut Nigam Limited, the Uttar
Pradesh Rajya Vidyut Utpadan Nigam Limited, the Uttar Pradesh State Road
Transport Corporation, or the Uttar Pradesh Housing Board or any other
institution which becomes an inter-State institution on the appointed day, be
divided between the States of Uttar Pradesh and Uttaranchal in the same
proportion in which the assets of such body corporate or institution are
divided under the provisions of Part VII.
(5) Where a sinking fund
or a depreciation fund is maintained by the existing State of Uttar Pradesh for
repayment of any loan raised by it, the securities held in respect of
investments made from that fund shall be divided between the successor States
of Uttar Pradesh and Uttaranchal in the same proportion in which the total
public debt is divided between the two States under this section.
(6) In this section, the
expression “Government security” means a security created and issued by a State
Government for the purpose of raising a public loan and having any of the forms
specified in, or prescribed under clause (2) of section 2 of the Public
Debt Act, 1944.
50. Floating Debt: All liabilities of the State of Uttar
Pradesh of any floating loan to provide short term finance to any commercial
undertaking shall be liability the State in whose territories the undertaking
is located.
51. Refund of taxes collected in excess: The liability of the existing State of Uttar Pradesh to
refund any tax or duty on property, including land revenue, collected in excess
shall be the liability of the successor State in whose territories the property
is situated, and the liability of the existing State of Uttar Pradesh to refund
any other tax or duty collected in excess shall be the liability of the
successor State in whose territories the place of assessment of that tax or
duty is included.
52. Deposits, etc.: (1) The liability of the
existing State of Uttar Pradesh in respect of any civil deposit or local fund
deposit shall, as from the appointed day, be the liability of the State in
whose area the deposit has been made.
(2) The liability of the
existing State of Uttar Pradesh in respect of any charitable or other endowment
shall, as from the appointed day, be the liability of the State in whose area
the institution entitled to the benefit of the endowment is located or of the
State to which the objects of the endowment, under the terms thereof, are
confined.
53. Provident fund: The
liability of the existing State of Uttar Pradesh in respect of the provident
fund account of a Government servant in service on the appointed day shall, as
from that day, be the liability of the State to which that Government servant
is permanently allotted.
54. Pensions: The
liability of the existing State of Uttar Pradesh in respect of pensions shall
pass to, or be apportioned between the successor States of Uttar Pradesh and
Uttaranchal in accordance with the provisions contained in the Eighth Schedule
to this Act.
55. Contracts: (1)
Where, before the appointed day, the existing State of Uttar Pradesh has made
any contract in the exercise of its executive power for any purposes of the
State, that contract shall be deemed to have been made in the exercise of the
executive power—
(a) if the purposes of
the contract are, on and from the appointed day, exclusive purposes of either
of the successor States of Uttar Pradesh and Uttaranchal; and
(b) in any other case,
of the State of Uttar Pradesh,
and all rights and liabilities
which have accrued, or may accrue under any such contract shall, to the extent
to which they would have been rights or liabilities of the existing State of
Uttar Pradesh, be rights or liabilities of the State of Uttaranchal or the State
of Uttar Pradesh, as the case may be:
Provided that in any such case
as is referred to in clause (b), the initial allocation of rights and
liabilities made by this sub-section shall be subject to such financial
adjustment as may be agreed upon between the successor States of Uttar Pradesh
and Uttaranchal or in default of such agreement, as the Central Government may,
by order, direct.
(2) For the purposes of
this section, there shall be deemed to be included in the liabilities which
have accrued or may accrue under any contract—
(a) any liability to satisfy an order or award
made by any court or other tribunal in proceedings relating to the contract;
and
(b) any liability in respect of expenses incurred
in or in connection with any such proceedings.
(3) This section shall
have effect subject to the other provisions of this Part relating to the
apportionment of liabilities in respect of loans, guarantees and other
financial obligations; and bank balances and securities shall, notwithstanding
that they partake of the nature of contractual rights, be dealt with under
those provisions.
56. Liability in respect of actionable wrong: Where, immediately before the appointed day, the existing
State of Uttar Pradesh subject to any liability in respect of any actionable
wrong other than breach of contract, that liability shall,—
(a) if the cause of action arose wholly within
the territories which, as from that day, are the territories of either of the
successor States of Uttar Pradesh or Uttaranchal, be a liability of that
successor State; and
(b) in any other case, be initially a liability
of the State of Uttar Pradesh, but subject to such financial adjustment as may
be agreed upon between the States of Uttar Pradesh and Uttaranchal or, in
default of such agreement, as the Central Government may, by order, direct.
57. Liability as guarantor: Where,
immediately before the appointed day, the existing State of Uttar Pradesh is
liable as guarantor in respect of any liability of a registered co-operative
society or other person, that liability of the existing State of Uttar Pradesh
shall—
(a) if the area of operations of such society or
persons is limited to the territories which, as from that day, are the
territories of either of the States of Uttar Pradesh or Uttaranchal, be a
liability of that successor State; and
(b) in any other case, be initially a liability
of the State of Uttar Pradesh, subject to such financial adjustment as may be
agreed upon between the States of Uttar Pradesh and Uttaranchal or, in default
of such agreements, as the Central Government may, by order, direct.
58. Items in suspense: If any item in suspense is
ultimately found to affect an asset or liability of the nature referred to in
any of the foregoing provisions of this Part, it shall be dealt with in
accordance with that provision.
59. Residuary provision: The benefit or burden of any
asset or liability of the existing State of Uttar Pradesh not dealt with in the
foregoing provisions of this Part shall pass to the State of Uttar Pradesh in
the first instance, subject to such financial adjustment as may be agreed upon
between the States of Uttar Pradesh and Uttaranchal or, in default of such
agreement, as the Central Government may, by order, direct.
60. Apportionment of assets or liabilities by agreement: Where the successor States of Uttar Pradesh and Uttaranchal
agree that the asset, liability or benefit or burden of any particular asset or
liability should be apportioned between them in a manner other than that provided
for in the foregoing provisions of this Part, then, notwithstanding anything
contained therein, the assets, liability or benefit or burden of that asset or
liability shall be apportioned in the manner agreed upon.
61. Power of Central Government to order allocation or
adjustment in certain cases: Where, by virtue of any of the provisions of
this Part, any of the successor States of Uttar Pradesh and Uttaranchal becomes
entitled to any property or obtains any benefits or becomes subject to any
liability, and the Central Government is of opinion, on a reference made within
a period of three years from the appointed day by either of the States, that it
is just and equitable that property or those benefits should be transferred to,
or shared with, the other successor State, or that a contribution towards that
liability should be made by the other successor State, the said property or
benefits shall be allocated in such manner between the two States, or the other
State shall make to the State subject to the liability such contribution in
respect thereof, as the Central Government may, after consultation with the two
State Governments, by order determine.
62. Certain expenditure to be charged on Consolidated Fund: All
sums payable either by the State of Uttar Pradesh or by the State of
Uttaranchal to the other States or by the Central Government to either of those
States, by virtue of the provisions of this Act, shall be charged on the
Consolidated Fund of the State by which such sums are payable or, as the case
may be, the Consolidated Fund of India.
Part VII
Provisions
as to certain corporations
63. Provisions for Power Corporation Limited, etc.: (1) The following bodies corporate constituted for the
existing State of Uttar Pradesh, namely—
(a) the Uttar Pradesh Power Corporation Limited,
the Uttar Pradesh Jal Vidyut Nigam Limited and the Uttar Pradesh Rajya Vidyut
Utpadan Nigam Limited;
(b) the Uttar Pradesh Electricity Regulatory
Commission; and
(c) the State Warehousing Corporation established
under the Warehousing Corporation Act, 1962,
shall, on and from the
appointed day, continue to function in those areas in respect of which they
were functioning immediately before that day, subject to the provisions of this
section and to such directions as may, from time to time, be issued by the
Central Government.
(2) Any directions
issued by the Central Government under sub-section (1) in respect of the
Power Corporation Commission or Warehousing Corporation shall include a
direction that the Act under which the Power Corporation Commission or
Warehousing Corporation was constituted shall, in its application to that Power
Corporation, Commission or Warehousing Corporation, have effect subject to such
exceptions and modifications as the Central Government thinks fit.
(3) The Power
Corporation, Commission or Warehousing Corporation referred to in sub-section (1)
shall cease to function as from, and shall be deemed to be dissolved on such
date as the Central Government may, by order, appoint; and upon such
dissolution, its assets, rights and liabilities shall be apportioned between
the successor States of Uttar Pradesh and Uttaranchal in such manner as may be
agreed upon between them within one year of the dissolution of the Power
Corporation, Commission or Warehousing Corporation, as the case may be, or if
no agreement is reached, in such manner as the Central Government may, by
order, determine:
Provided that any liabilities
of the said Power Corporation referred to in clause (a) of sub-section (1)
relating to the unpaid dues of the coal supplied to the Power Corporation by
any public sector coal company shall be provisionally apportioned between the
corresponding Power Corporation constituted respectively in the successor
States of the existing State of Uttar Pradesh or after the date appointed for
the dissolution of the Power Corporation under this sub-section in such manner
as may be agreed upon between the Governments of the successor States within
one month of such dissolution or if no agreement is reached, in such manner as
the Central Government may, by order, determine subject to reconciliation and
finalisation of the liabilities which shall be completed within three months
from the date of such dissolution by the mutual agreement between the successor
States or failing such agreement by the direction of the Central Government:
Provided further that an
interest at the rate of two per cent, higher than the Cash Credit interest
shall be paid on outstanding unpaid dues of the coal supplied to the
Electricity Corporation by the public sector coal company till the liquidation
of such dues by the concerned State Power Corporation constituted in the
successor States on or after the date appointed for the dissolution of the
Power Corporation under this sub-section.
(4) Nothing in the
preceding provisions of this section shall be construed as preventing the
Government of the State of Uttar Pradesh or, as the case may be, the Government
of the State of Uttaranchal from constituting, at any time on or after the
appointed day, a State Power Corporation, an Electricity Regulatory Commission
or a State Warehousing Corporation for the State under the provisions of the
Act relating to such Power Corporation, Commission or Warehousing Corporation;
and if such a Power Corporation, Commission or Warehousing Corporation is so
constituted in either of the States before the dissolution of the Power
Corporation, Commission or Warehousing Corporation referred to in sub-section (1),—
(a) provision may be made by order of the Central
Government enabling the new Power Corporation, New Commission or the new
Warehousing Corporation to take over from the existing Power Corporation,
Commission or Warehousing Corporation all or any of its undertakings, assets,
rights and liabilities in that State, and
(b) upon the dissolution of existing Power
Corporation, Commission or Warehousing Corporation,—
(i) any assets, rights and liabilities which
would otherwise have passed to that State by or under the provisions of
sub-section (3) shall pass to the new Board, new Commission or the new
Warehousing Corporation instead of to that State;
(ii) any employee who would otherwise have been
transferred to or re-employed by that State under sub-section (3), read
with clause (i) of sub-section (5), shall be transferred to or
re-employed by the new Power Corporation, new Commission or the new Warehousing
Corporation instead of to or by that State.
(5) An agreement entered
into between the successor States under sub-section (3) and an order
made by the Central Government under that sub-section or under clause (a)
of sub-section (4) may provide for the transfer or re-employment of any
employee of the Power Corporation, Commission or Warehousing Corporation
referred to in sub-section (1),—
(i) to or by the successor States, in the case of
an agreement under sub-section (2) or an order made under the
sub-section;
(ii) to or by the new Power Corporation, new
Commission or the new Warehousing Corporation constituted under sub-section (4),
in the case of an order made under clause (a) of that sub-section,
and, subject to the provisions
of section 68, also for the terms and conditions of service applicable to such
employees after such transfer or re-employment.
64. Continuance of arrangements in regard to generation and
supply of electric power and supply of water: If it appears to the Central Government that the arrangement
in regard to the generation or supply of electric power or the supply of water
for any area or in regard to the execution of any project for such generation
or supply has been or is likely to be modified to the disadvantage of that area
by reason of the fact that it is, by virtue of the provisions of Part II,
outside the State in which the power stations and other installations for the
generation and supply of such power, or the catchment area, reservoirs and
other works for the supply of water, as the case may be, are located, the
Central Government may, after consultation with the Government of each
successor States wherever necessary, give such directions as it deems proper to
the State Government or other authority concerned for the maintenance, so far
as practicable, of the previous arrangement.
65. Provisions as to Uttar Pradesh State Financial
Corporation: (1) The Uttar Pradesh State Financial Corporation
established under the State Financial Corporations Act, 1951 shall, on and from
the appointed day, continue to function in those areas in respect of which it
was functioning immediately before that day, subject to the provisions of this
section and to such directions as may from time to time, be issued by the
Central Government.
(2) Any directions
issued by the Central Government under sub-section (1) in respect of the
Corporation may include a direction that the said Act, in its application to
the Corporation, shall have effect subject to such exceptions and modifications
as may be specified in the direction.
(3) Notwithstanding
anything contained in sub-section (1) or sub-section (2), the
Board of Directors of the Corporation may, with the previous approval of the
Central Government and shall, if so required by the Central Government, convene
at any time after the appointed day a meeting for the consideration of a scheme
for the reconstitution or reorganisation or dissolution, as the case may be, of
the Corporation, including proposals regarding the formation of new
Corporations, and the transfer thereto of the assets, rights and liabilities of
the existing Corporation, and if such a scheme is approved at the general meeting
by a resolution passed by a majority of the shareholders present and voting,
the scheme shall be submitted to the Central Government for its sanction.
(4) If the scheme is
sanctioned by the Central Government either without modifications or with
modifications which are approved at a general meeting, the Central Government
shall certify the scheme, and upon such certification, the scheme shall,
notwithstanding anything to the contrary contained in any other law for the
time being in force, be binding on the corporations affected by the scheme as
well as the shareholders and creditors thereof.
(5) If the scheme is not
so approved or sanctioned, the Central Government may refer the scheme to such
Judge of the High Court of Uttar Pradesh and Uttaranchal as may be nominated in
this behalf by the Chief Justice thereof, and the decision of the Judge in
regard to the scheme shall be final and shall be binding on the Corporations
affected by the scheme as well as the shareholders and creditors thereof.
(6) Nothing in the
preceding provisions of this section shall be construed as preventing the
Government of the State of Uttar Pradesh and Uttaranchal from constituting, at
any time on or after the appointed day, a State Financial Corporation for that
State under the State Financial Corporations Act, 1951.
66. Provisions as to certain companies: (1)
Notwithstanding anything contained in the foregoing provisions of this Part,
each of the companies specified in the Ninth Schedule to this Act shall, on and
from the appointed day and until otherwise provided for in any law, or in any
agreement among the successor States, or in any direction issued by the Central
Government, continue to function in the areas in which it was functioning
immediately before that day, and the Central Government may from time to time
issue such directions in relation to such functioning as it may deem fit,
notwithstanding anything to the contrary contained in the Companies Act, 1956,
or in any other law..
(2) Any directions
issued under sub-section (1) in respect of a company referred in that
sub-section, may include directions—
(a) regarding the division of the interests and
shares of existing State of Uttar Pradesh in the Company among the successor
States:
(b) requiring the reconstitution of the Board of
Directors of the Company so as to give adequate representation to all the
successor States.
67. General provision as to statutory corporations: (1) Save as otherwise expressly provided by the
foregoing provisions of this Part, where any body corporate constituted under a
Central Act, State Act or Provisional Act for the existing State of Uttar
Pradesh or any part thereof has, by virtue of the provisions of Part II, become
an inter-State body corporate, then, the body corporate shall, on and from the
appointed day, continue to function and operate in those areas in respect of
which it was functioning and operating immediately before that day, subject to
such directions as may from time to time be issued by the Central Government,
until other provision is made by law in respect of the said body corporate.
(2) Any directions
issued by the Central Government under sub-section (1) in respect of any
such body corporate shall include a direction that any law by which the said
body corporate is governed shall, in its application to that body corporate,
have effect subject to such exceptions and modifications as may be specified in
the direction.
68. Temporary provisions as to continuance of certain existing
road transport permits: (1)
Notwithstanding anything contained in section 89 of the Motor Vehicles Act,
1988, a permit granted by the State Transport Authority of the existing State
of Uttar Pradesh or any Regional Transport Authority in that State shall, if
such permit was, immediately before the appointed day, valid and effective in
any area in the transferred territory, be deemed to continue to be valid and
effective in that area after that day subject to the provisions of that Act as
for the time being in force in that area; and it shall not be necessary for any
such permit to be countersigned by the State Transport Authority of Uttaranchal
or any Regional Transport Authority therein for the purpose of validating it
for use in such area:
Provided that the Central
Government may, after consultation with the successor State Government or
Government concerned add to, amend or vary the conditions attached to the
permit by the Authority by which the permit was granted.
(2) No tolls, entrance
fees or other charges of a like nature shall be levied after the appointed day
in respect of any transport vehicle for its operations in any of the successor
States under any such permit, if such vehicle was, immediately before that day,
exempt from the payment of any such toll, entrance fees or other charges for
its operations in the transferred territory:
Provided that the Central
Government may, after consultation with the State Government or Governments
concerned, authorise the levy of any such toll, entrance fees or other charges,
as the case may be:
Provided further that the
provisions of this sub-section shall not be applicable where any such tolls,
entrance fees or other charges of a like nature is leviable for the use of any
road or bridge which is constructed or developed for commercial purpose by the
State Government, an undertaking of the State Government, a joint undertaking
in which the State Government is a shareholder or a private sector.
69. Special provisions relating to retrenchment compensation in
certain cases: Where on account of the
reorganisation of the existing state of Uttar Pradesh under this Act, any body
corporate constituted under a Central Act, State Act or Provincial Act, any
co-operative society registered under any law relating to co-operative
societies or any commercial or industrial undertaking of that State is
reconstituted or reorganised in any manner whatsoever or is amalgamated with
any other body corporate, co-operative society or undertaking, or is dissolved,
and in consequence of such reconstitution, reorganisation, amalgamation or dissolution,
any workman employed by such body corporate or in any such co-operative society
or undertaking, is transferred to, or re-employed by any other body corporate,
or in any other co-operative society or undertaking, then notwithstanding
anything contained in section 25F, section 25FF or section 25FFF of the
Industrial Disputes Act, 1947, such transfer or re-employment shall not entitle
him to any compensation under that section:
Provided that—
(a) the terms and conditions of service
applicable to the workman after such transfer or re-employment are not less
favourable to the workman than those applicable to him immediately before the
transfer or re-employment;
(b) the employer in relation to the body
corporate, the co-operative society or the undertaking where the workman is
transferred or re-employed is, by agreement or otherwise, legally liable to pay
to the workman, in the event of his retrenchment, compensation under section
25F, section 25FF or section 25FFF of the Industrial Disputes Act, 1947 on the
basis that his service has been continuous and has not been interrupted by the
transfer or re-employment.
70. Special provisions as to income-tax: Where the
assets, rights and liabilities of any body corporate carrying on business are,
under the provisions of this Part , transferred to any other bodies corporate
which after the transfer carry on the same business, the losses or profits or
gains sustained by the body corporate first mentioned which, but for such
transfer, would have been allowed to be carried forward and set off in
accordance with the provisions of Chapter VI of the Income-tax Act, 1961, shall
be apportioned amongst the transferee bodies corporate in accordance with the
rules to be made by the Central Government in this behalf and, upon such
apportionment, the share of loss allotted to each transferee body corporate
shall be dealt with in accordance with the provisions of Chapter VI of the said
Act, as if the transferee body corporate had itself sustained such loss in a
business carried on by it in the years in which these losses were sustained.
71. Continuance of facilities in certain State institutions:
(1) The Government of State of Uttar Pradesh or Uttaranchal, as the
case may be, shall, in respect of the institutions specified in the Tenth
Schedule to this Act, located in that State, continue to provide facilities to
the people of the other State which shall not, in any respect, be less
favourable to such people than what were being provided to them before the
appointed day, for such period and upon such terms and conditions as may be
agreed upon between the two State Governments before the 1st day of December,
2001 of if no agreement is reached by the said date as may be fixed by order of
the Central Government.
(2) The Central Government
may, at any time before the 1st day of December, 2001, by notification in the
Official Gazette, specify in the Tenth Schedule referred to in sub- section (1)
any other institution existing on the appointed day in the State of Uttar
Pradesh and Uttaranchal and on the issue of such notification, the Schedule
shall be deemed to be amended by the inclusion of the said institution therein.
Part VIII
Provisions
as to Services
72. Provisions relating to All-India Services: (1)
In this section, the expression “State cadre”—
(a) in relation to the Indian Administrative
Service, has the meaning assigned to it in the Indian Administrative Service
(Cadre) Rules, 1954;
(b) in relation to the Indian Police Service, has
the meaning assigned to it in the Indian Police Service (Cadre) Rules, 1954;
(c) in relation to the Indian Forest Service, has
the meaning assigned to it in the Indian Forest Service (Cadre) Rules, 1966.
(2) In place of the
cadres of the Indian Administrative Service, Indian Police Service and Indian
Forest Service for the existing State of Uttar Pradesh, there shall, on and
from the appointed day, be two separate cadres, one for the State of Uttar
Pradesh and the other for the State of Uttaranchal in respect of each of these
services.
(3) The initial strength
and composition of the State cadres referred to in sub-section (2) shall
be such as the Central Government may, by order, determine before the appointed
day.
(4) The members of each
of the said service borne on the Uttar Pradesh cadre thereof immediately before
the appointed day shall be allocated to the State cadres of the same service
constituted under sub-section (2) in such manner and with effect from
such date or dates as the Central Government may, by order, specify.
(5) Nothing in this
section shall be deemed to affect the operation, on or after the appointed day,
of the All-India Service Act, 1951, or the rules made thereunder.
73. Provisions relating to other services: (1)
Every person who immediately before the appointed day is serving in connection
with the affairs of the existing State of Uttar Pradesh shall, on and from that
day provisionally continue to serve in connection with the affairs of the State
of Uttar Pradesh unless he is required, by general or special order of the
Central Government to serve provisionally in connection with the affairs of the
State of Uttaranchal:
Provided that every direction
under this sub-section issued after the expiry of a period of one year from the
appointed day shall be issued with the consultation of the Governments of the
successor States.
(2) As soon as may be
after the appointed day, the Central Government shall, by general or special
order, determine the successor State to which every person referred to in
sub-section (1) shall be finally allotted for service and the date with
effect from which such allotment shall take effect or be deemed to have taken
effect.
(3) Every person who is
finally allotted under the provisions of sub-section (2) to a successor
State shall, if he is not already serving therein be made available for serving
in the successor State from such date as may be agreed upon between the
Governments concerned or in default of such agreement, as may be determined by
the Central Government.
74. Other provisions relating to services: (1) Nothing in this section or in section 73 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 determination of
the conditions of service of persons serving in connection with the affairs of
the Union or any State:
Provided that the conditions of
service applicable immediately before the appointed day in the case of any
person deemed to have been allocated to the State of Uttar Pradesh or to the
State of Uttaranchal under section 73 shall not be varied to his disadvantage
except with the previous approval of the Central Government.
(2) All services prior
the appointed day rendered by a person—
(a) if he is deemed to have been allocated to any
State under section 73, shall be deemed to have been rendered in connection
with the affairs of that State;
(b) if he is deemed to have been allocated to the
Union in connection with the administration of the Uttaranchal shall be deemed
to have been rendered in connection with the affairs of the union,
for the purposes of the rules
regulating his conditions of service.
(3) The provisions of
section 73, shall not apply in relation to members of any All-India Service.
75. Provisions as to continuance of officers in same post: (1) Every person who, immediately before the appointed
day is holding or discharging duties of any post or office in connection with
the affairs of the existing State of Uttar Pradesh in any area which on that
day falls within any of the successor States shall continue to hold the same
post or office in that successor State, and shall be deemed on and from that
day, to have been duly appointed to the post or office by the Government of, or
any other appropriate authority in, that successor State:
Provided that nothing in this
section shall be deemed to prevent a competent authority, on and from the
appointed day, from passing in relation to such person any order affecting the
continuance in such post or office.
76. Advisory Committees: The
Central Government may, by order establish one or more Advisory Committees for
the purpose of assisting it in regard to—
(a) the discharge of any
of its functions under this Part; and
(b) the ensuring of fair
and equitable treatment to all persons affected by the provisions of this Part
and the proper consideration of any representations made by such persons.
77. Power of Central Government to give directions: The Central Government may, give such direction to the State
Government of Uttar Pradesh and the State Government of Uttaranchal as may
appear to it to be necessary for the purpose of giving effect to the foregoing
provisions of this Part and the State Government shall comply with such
directions.
78. Provisions as to State Public Service Commission: (1)
The Public Service Commission for the existing State of Uttar Pradesh shall, on
and from the appointed day, be the Public Service Commission for the State of
Uttar Pradesh.
(2) The persons holding
office immediately before the appointed day as Chairman or other member of the
Public Service Commission for the existing State of Uttar Pradesh shall, as
from the appointed day, be the Chairman or, as the case may be, the other member
of the Public Service Commission for the State of Uttar Pradesh.
(3) Every person who
becomes Chairman or other member of the Public Service Commission for the State
of Uttar Pradesh on the appointed day under sub-section (2), shall—
(a) be entitled to receive from the Government of
the State of Uttar Pradesh conditions of service not less favourable than those
to which he was entitled under the provisions applicable to him;
(b) subject to the proviso to clause (2) of
article 316, hold office or continue to hold office until the expiration of his
term of office as determined under the provisions applicable to him immediately
before the appointed day.
(4) The report of the Uttar Pradesh Public Service
Commission as to the work done by the Commission in respect of any period prior
to the appointed day shall be presented under clause (2) of article 323
to the Governors of the States of Uttar Pradesh and Uttaranchal, and the
Governor of the State of Uttar Pradesh shall, on receipt of such report, cause
a copy thereof together with a memorandum explaining as far as possible, as
respects the cases, if any, where the advice of the Commission was not
accepted, the reasons for such non-acceptance to be laid before the Legislature
of the State of Uttar Pradesh and it shall not be necessary to cause such
report or any such memorandum to be laid before the Legislative Assembly of the
State of Uttaranchal.
Part IX
Management
and Development of Water resources
79. Water Resources Development and its Management: (1)
Notwithstanding anything contained in this Act but subject to the provisions of
section 80, all right and liabilities of the existing State of Uttar Pradesh in
respect of water resource projects in relation to—
(i) Ganga and its tributaries traversing the
successor States excluding the Upper Yamuna River up to Okhla; and
(ii) Upper Yamuna River and its tributaries up to
Okhla,
shall on the appointed day, be
the rights and liabilities of the successor States in such proportion as may be
fixed, and such adjustments as may be made, by agreement entered into by the
said States after consultation with the Central Government, or, if no such
agreement is entered into within two years of the appointed day, then, the
Central Government may, by order, determine within one year having regard to
the purposes of the project:
Provided that the order so made
by the Central Government may be varied by any subsequent agreement entered
into by the successor States after consultation with the Central Government.
(2) An agreement or
order referred to in sub-section (1) shall, where an extension or further
development of any of the projects referred to in that sub-section after the
appointed day is undertaken, be the rights and liabilities of the successor
States in relation to such extension or further development.
(3) The rights and
liabilities referred to in sub-section (1) and (2) shall include—
(a) the right to receive and utilise the water
available for distribution as a result of the projects; and
(b) the right to receive and utilise the power
generated as a result of the projects,
but shall not include the
rights and liabilities under any contract entered into before the appointed day
by the Government of the existing State of Uttar Pradesh with any person or
authority other than Government.
80. Constitution and functions of the Ganga Management Board:
(1) The Central Government shall constitute a Board to be called the
Ganga Management Board (hereinafter referred to as the Board) for
administration, construction, maintenance and operation of projects referred to
in sub-section (1) of section 79 for any or for a combination of the
following purposes, namely:—
(i) Irrigation;
(ii) rural and urban water supply;
(iii) hydro power generation;
(iv) navigation;
(v) industries; and
(vi) for any other purpose which the Central
Government may, by notification in the Official Gazette, specify.
(2) The Board shall
consist of—
(a) a whole-time Chairman to be appointed by the
Central Government in consultation with the successor States;
(b) two full time members, one from each of the
successor States, to be nominated by the respective State Government;
(c) four part-time members, two from each of the
successor States, to be nominated by the respective State Government;
(d) two representatives of the Central Government
to be nominated by that Government.
(3) The functions of the Board
shall include—
(a) the regulation of supply of water from the
projects referred to in clause (i) of sub-section (1) of section
79 to the successor States having regard to—
(i) any agreement entered into or
arrangement made covering the Government of existing State of Uttar Pradesh and
any other State or Union territory, and
(ii) the agreement or the order referred
to in sub-section (2) of section 79;
(b) the regulation of
supply of power generated at the projects referred to in clause (i) of
sub-section (1) of section 79, to any Electricity Board or other
authority in- charge of the distribution of power having regard to—
(i) any agreement entered into, or
arrangement made covering the Government of the existing State of Uttar Pradesh
and any other State or Union territory, and
(ii) the agreement or the order referred
to in sub-section (2) of section 79;
(c) the construction of such of the remaining
on-going or new works connected with the development of the water resources
projects relating to the rivers or their tributaries as the Central Government
may specify by notification in the Official Gazette;
(d) such functions as the Central Government may,
after consultation with the successor States entrust to it.
81. Staff of the Management Board: (1) The Board
may employ such staff, as it may consider necessary for the efficient discharge
of its functions under this Act. Such staff shall at the first instance, be
appointed on deputation from the successor State failing which through any
other method:
Provided that every person who,
immediately before the constitution of the said Board, was engaged in the
construction, maintenance or operation of the works relating to the projects
referred to in clause (i) of sub-section (1) of section 79 shall
continue to be so employed under the Board in connection with the said works on
the same terms and conditions of service as were applicable to him before such
constitution until the Central Government, by order, directs otherwise:
Provided further that the said
Board may, in consultation with the Government of the successor State or the
Electricity Board concerned and with the prior approval of the Central
Government, retain any such person for service under that State Government or Board.
(2) The Government of
successor States shall at all times provide the necessary funds to the Board to
meet all expenses (including the salaries and allowances of the staff required
for the discharge of its functions and such amounts shall be apportioned
between the States concerned in such proportion as the Central Government may,
having regard to the benefits to each of the said States specify.
(3) The Board shall be
under the control of the Central Government and shall comply with such
directions, as may, from time to time, be given to it by that Government.
(4) The Board may
delegate such of its powers, functions and duties as it may deem fit to the
Chairman of the said Board or to any officer subordinate to the Board.
(5) The Central Government may,
for the purpose of enabling the Board to function efficiently, issue such
directions to the State Governments concerned, or any other authority, and the
State Governments, or the other authority shall comply with such directions.
82. Jurisdiction of the Board:
(1) The Board shall, ordinarily exercise jurisdiction in regard dot any
of the projects referred to in clause (i) of sub-section (1) of
section 79 over head works (barrages, dams, reservoirs, regulating structures),
part of canal network and transmission lines necessary to deliver water or
power to the States concerned.
(2) If any question
arises as to whether the Board has jurisdiction under sub-section (1)
over any project referred thereto, the same shall be referred to the Central
Government for decision thereon.
83. Power of Board to make regulations: The Board may
make regulations consistent with the Act and the rules made thereunder, to
provide for—
(a) regulating the time and place of meetings of
the Board and the procedure to be followed for the transaction of business at
such meetings;
(b) delegation of powers and duties of the
Chairman or any officer of the Board;
(c) the appointment and regulation of the
conditions of service of the officers and other staff of the Board;
(d) any other mater for which regulations are
considered necessary by the Board.
84. Allocation of the water resources of the River Yamuna: (1) The utilisable water resources of the Yamuna
River up to Okhla, as allocated, before the appointed day, to the existing
State of Uttar Pradesh under the Memorandum of Undertakings, dated the 12th
May, 1994 shall be further allocated between the successor States by mutual
agreement within a period of two years, failing which, the Central Government
shall, by order, determine the allocation of such water resource between the
successor States within a further period of one year.
(2) The State of
Uttaranchal shall, on the appointed day, be inducted as a member of the Upper
Yamuna Board constituted for the im-plementation of the Memorandum of
Undertaking referred to in sub-section (1).
Part X
Legal
and miscellaneous provisions
85. Amendment of section 15 of Act 37 of 1956: On and
from the appointed day, in section 15 of the States Reorganisation Act, 1956,
in clause (b), for the words “Uttar Pradesh and Madhya Pradesh ”, the
words “Uttar Pradesh, Uttaranchal and Madhya Pradesh” shall be substituted.
86. Territorial extent of laws: The provisions of Part II shall not be deemed to have
effected any change in the territories to which The Uttar Pradesh Imposition of
Ceiling of Land Holding Act, 1961 and any other law in force immediately before
the appointed day, extends or applies, and territorial references in any such
law to the State of Uttar Pradesh shall, until otherwise provided by a competent
Legislature or other competent authority be construed as meaning the
territories within the existing State of Uttar Pradesh before the appointed
day.
87. Power to adapt laws: For the purpose of facilitating
the application in relation to the State of Uttar Pradesh or Uttaranchal of any
law made before the appointed day, the appropriate Government may before the
expiration of two years from that 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.
Explanation.—In this section, the expression “appropriate Government”
means as respects any law relating to a matter enumerated in the Union List,
the Central Government, and as respects any other law in its application to a
State, the State Government.
88. Power to construe laws: Notwithstanding that no
provision or insufficient provision has been made under section 87 for the
adaptation of a law made before the appointed day, any court, tribunal or
authority, required or empowered to enforce such law may, for the purpose of
facilitating its application in relation to the State of Uttar Pradesh or
Uttaranchal, 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.
89. Power to name authorities, etc., for exercising statutory
functions: The Government of the State of Uttaranchal, as respects the
transferred territory may, by notification in the Official Gazette, specify the
authority, officer or person who, on or after the appointed day, shall be
competent to exercise such functions exercisable under any law in force on that
day as may be mentioned in that notification and such law shall have effect
accordingly.
90. Legal proceedings: Where immediately before the
appointed day, the existing State of Uttar Pradesh is a party to any legal
proceedings with respect to any property, rights or liabilities subject to
apportionment between the States of Uttar Pradesh and Uttaranchal under this
Act, the State of Uttar Pradesh or Uttaranchal which succeeds to, or acquires a
share in, that property or those rights or liabilities by virtue of any
provision of this Act shall be deemed to be substituted for the existing State
of Uttar Pradesh or added as a party to those proceedings, and the proceedings
may continue accordingly.
91. Transfer of pending proceedings: (1) Every proceedings pending immediately before the
appointed day before a court (other than High Court), tribunal, authority or
officer in any area which on that day falls within the State of Uttar Pradesh
shall, if it is a proceeding relating exclusively to the territory, which as
from that day are the territories of Uttaranchal State, stand transferred to the
corresponding court, tribunal, authority or officer of that State.
(2) If any question
arises as to whether any proceeding should stand transferred under sub-section
(1), it shall be referred to the High Court of Allahabad and the
decision of that High Court shall be final.
(3) In this section—
(a) “proceeding” includes any suit, case or
appeal; and
(b) “corresponding court, tribunal, authority or
officer” in the State of Uttaranchal means—
(i) the court, tribunal, authority or
officer in which, or before whom, the proceeding would have laid if it had been
instituted after the appointed day; or
(ii) in case of doubt, such court,
tribunal, authority, or officer in that State, as may be determined after the
appointed day by the Government of that State or the Central Government, as the
case may be, or before the appointed day by the Government of the existing
State of Uttar Pradesh to be the corresponding court, tribunal, authority or
officer.
92. Right of pleaders to practise in certain cases: Any person who, immediately before the appointed day, is
enrolled as a pleader entitled to practise in any subordinate courts in the
existing State of Uttar Pradesh shall, for a period of one year from that day,
continue to be entitled to practise in those courts, notwithstanding that the
whole or any part of the territories within the jurisdiction of those courts
has been transferred to the State of Uttaranchal.
93. Effect of provisions of the Act inconsistent with other
laws: The provisions of this Act shall have effect notwithstanding anything
inconsistent therewith contained in any other law.
94. Power to remove difficulties: (1) If any
difficulty arises in giving effect to the provisions of this Act, the President
may, by order, 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 a period of three years from the appointed
day.
(2) Every order made
under this section shall be laid, before each House of Parliament.
The Bihar Reorganisation Act, 2000
An Act to provide for the reorganisation of the
existing State of Bihar and for matters connected therewith.
Be it enacted by Parliament in the Fifty-first Year of the
Republic of India as follows:—
Part I
Preliminary
1. Short title: This
Act may be called the Bihar Reorganisation Act, 2000.
2. Definitions: In this Act, unless the context otherwise requires,—
(a) “appointed day” means the day which the
Central Government may, by notification in the Official Gazette, appoint;
(b) “article” means an article of the
Constitution;
(c) “assembly constituency”, “council
constituency“ and “parliamentary constituency” have the same meanings as in the
Representation of the People Act, 1950;
(d) “Election Commission” means the Election
Commission appointed by the President under article 324;
(e) “existing State of Bihar” means the State of
Bihar as existing immediately before the appointed day;
(f) “law” includes any enactment, ordinance,
regulation, order, bye-law, rule, scheme, notification or other instrument
having, immediately before the appointed day, the force of law in the whole or
in any part of the existing State of Bihar;
(g) “notified order” means an order published in
the Official Gazette;
(h) “population ratio”, in relation to the States
of Bihar and Jharkhand, means the ratio of 645.30:218.44;
(i) “sitting member”, in relation to either House
of Parliament or of the Legislature of the existing State of Bihar, means a
person who immediately before the appointed day, is a member of that House;
(j) “successor State”, in relation to the
existing State of Bihar, means the State of Bihar or Jharkhand;
(k) “transferred territory” means the territory
which on the appointed day is transferred from the existing State of Bihar to
the State of Jharkhand;
(l) “treasury” includes a sub-treasury; and
(m) any reference to a district, tehsil or other
territorial division of the existing State of Bihar shall be construed as a
reference to the area comprised within that territorial division on the
appointed day.
Part II
Reorganisation
of the State of Bihar
3. Formation of Jharkhand State: On and from the appointed day, there shall be formed a new
State to be known as the State of Jharkhand comprising the following
territories of the existing State of Bihar, namely:—
Bokaro,
Chatra, Deogarh, Dhanbad, Dumka, Garhwa, Giridih, Godda, Gumla, Hazaribagh,
Kodarma, Lohardaga, Pakur, Palamau, Ranchi, Sahebganj, Singhbhum (East) and
Singhbhum (West) districts;
and thereupon the said
territories shall cease to form part of the existing State of Bihar.
4. State of Bihar and territorial divisions thereof: On
and from the appointed day, the State of Bihar shall comprise the territories
of the existing State of Bihar other than those specified in section 3.
5. Amendment of the First Schedule to the Constitution: On and from the appointed day, in the First Schedule to the
Constitution, under the heading “I. THE STATES”,—
(a) in the paragraph relating to the territories
of the State of Bihar, the following shall be added at the end namely:—
“and
the territories specified in section 3 of the Bihar Reorganisation Act, 2000”;
(b) after entry 27, the following entry shall be
inserted, namely:—
“28. Jharkhand: The
territories specified in section 3 of the Bihar Reorganisation Act, 2000”.
6. Saving powers of State Government: Nothing in the
foregoing provisions of this Part shall be deemed to affect the power of the
Government of Bihar or Jharkhand to alter, after the appointed day, the name,
area or boundaries of any district or other territorial division in the State.
Part III
Representation
in the Legislature
The Council of States
7. Amendment of the Fourth Schedule to the Constitution: On and from the appointed day, in the Fourth Schedule to the
Constitution, in the Table,
(a) entries 4 to 29 shall be renumbered as
entries 5 to 30 respectively;
(b) in entry 3, for the figures “22”, the figures
“16” shall be substituted;
(c) after entry 3, the following entry shall be
inserted, namely:—
“4. Jharkhand
...................................6”.
8. Allocation of sitting members: (1) On and from
the appointed day, twenty-two sitting members of the Council of States
representing the existing State of Bihar shall be deemed to have been elected
to fill the seats allotted to the States of Bihar and Jharkhand, as specified
in the First Schedule to this Act.
(2) The term of office
of such sitting members shall remain unaltered.
The House of the People
9. Representation in the House of the People: On and from the appointed day, there shall be allocated 40
seats to the successor State of Bihar, and 14 to the successor State of Jharkhand,
in the House of the People, and the First Schedule to the Representation of the
People Act, 1950, under heading “I. STATES:”,—
(a) for entry 4, the following entry shall be
substituted, namely:—
“4.
Bihar 53 7 5 40 7..”;
(b) entries 10 to 25 shall be renumbered as
entries 11 to 26 respectively;
(c) after entry 9, the following entry shall be
inserted, namely:—
“10. Jharkhand .. .. .. 14 1 5”.
10. Delimitation of Parliamentary and Assembly Constituencies: On and from the appointed day, the Delimitation of
Parliamentary and Assembly Constituencies Order, 1976, shall stand amended as
directed in the Second Schedule to this Act.
11. Provision as to sitting members: (1) Every sitting member of the House of the People
representing a constituency which, on the appointed day by virtue of the
provisions of section 10, stands allotted, with or without alteration of
boundaries, to the successor State of Bihar or Jharkhand, shall be deemed to
have been elected to the House of the People by that constituency as so
allotted.
(2) The term of office
of such sitting members shall remain unaltered.
The Legislative Assembly
12. Provisions as to Legislative Assemblies: (1) The number of seats as on the appointed day in the
Legislative Assemblies of the States of Bihar and Jharkhand shall be two
hundred and forty-three and eighty-one respectively.
(2) In the Second
Schedule to the Representation of the People Act, 1950, under heading “I. States”—
(a) for entry 4, the
following entry shall be substituted, namely:—
“4. Bihar 318 45 29 243 39
(b) entries 11 to 27
shall be renumbered as entries 12 to 28 respectively;
(c) after entry 10, the
following entry shall be inserted, namely:—
“11. Jharkhand .. .. .. 81 9 28”.
13. Allocation of sitting members: (1) Every sitting
member of the Legislative Assembly of the existing State of Bihar elected to
fill a seat in that Assembly from a constituency which on the appointed day by
virtue of the provisions of section 10 stands allotted, with or without
alteration of boundaries, to the State of Jharkhand shall, on and from that
day, cease to be a member of the Legislative Assembly of Bihar and shall be
deemed to have been elected to fill a seat in the provisional Legislative
Assembly of Jharkhand from that constituency as so allotted.
(2) All other sitting
members of the Legislative Assembly of the existing State of Bihar shall
continue to be members of the Legislative Assembly of that State and any such
sitting member representing a constituency the extent or the name and extent of
which are altered by virtue of the provisions of section 10 shall be deemed to
have been elected to the Legislative Assembly of Bihar by that constituency as
so altered.
(3) Notwithstanding
anything contained in any other law for the time being in force the Legislative
Assemblies of Bihar and Jharkhand shall be deemed to be duly constituted on the
appointed day.
(4) The sitting member
of the Legislative Assembly of the existing State of Bihar nominated to that
Assembly under article 333 to represent the Anglo-Indian community shall be
deemed to have been nominated to represent the said community in the
Legislative Assembly of Bihar under that article.
14. Duration of Legislative Assemblies: The period of
five years referred to in clause (1) of article 172 shall, in the case
of the Legislative Assembly of the State of Bihar or Jharkhand be deemed to
have commenced on the date on which it actually commenced in the case of the
Legislative Assembly of the existing State of Bihar.
15. Speaker and Deputy Speaker: (1) The persons who immediately before the appointed
day are the Speaker and Deputy Speaker of the Legislative Assembly of the
existing State of Bihar shall continue to be the Speaker and Deputy Speaker
respectively of that Assembly on and from that day.
(2) As soon as may be
after the appointed day, the provisional Legislative Assembly of the successor
State of Jharkhand shall choose two members of that Assembly to be respectively
Speaker and Deputy Speaker thereof and until they are so chosen, the duties of
the office of Speaker shall be performed by such member of the Assembly as the
Governor may appoint for the purpose.
16. Rules of procedure: The rules of procedure and
conduct of business of the Legislative Assembly of Bihar as in force
immediately before the appointed day shall, until rules are made under clause
(1) of article 208, be the rules of procedure and conduct of business of the
Legislative Assembly of Jharkhand, subject to such modifications and
adaptations as may be made therein by the Speaker thereof.
The Legislative Council of Bihar
17. Legislative Council of Bihar: On and from the day on
which all the members specified in the Third Schedule retire, there shall be
seventy-five seats in the Legislative Council of Bihar, and in the Third
Schedule to the Representation of the People Act, 1950, for the existing entry
2, the following entry shall be substituted, namely:—
“2. Bihar 75 24 6 6 27 12”.
18. Council Constituencies: On and from the appointed
day, the Delimitation of the Council Constituencies (Bihar) order, 1951 shall
stand amended as directed in the Fourth Schedule.
19. Provision as to sitting members: Notwithstanding
anything contained in section 17, all sitting members of the Legislative
Council of the existing State of Bihar, shall continue to be members of that
Council till they retire on the expiration of their present term of office.
20. Chairman and Deputy Chairman: The person who immediately before the appointed day is the
Chairman or Deputy Chairman of the Legislative Council of the existing State of
Bihar shall continue to be the Deputy Chairman, on and from that day of that
Council.
Delimitation of constituencies
21. Delimitation of constituencies: (1) For the
purpose of giving effect to the provisions of section 12, the Election
Commission shall determine in the manner hereinafter provided—
(a) the number of seats to be reserved for the
Scheduled Castes and the Scheduled Tribes in the Legislative Assemblies of the
States of Bihar and Jharkhand, respectively, having regard to the relevant
provisions of the Constitution;
(b) the assembly constituencies into which each
State referred to in clause (a) shall be divided, the extent of each of
such constituencies and in which of them seats shall be reserved for the
Scheduled Castes or for the Scheduled Tribes; and
(c) the adjustments in the boundaries and
description of the extent of the parliamentary constituencies in each successor
State that may be necessary or
expedient.
(2) In determining the
matters referred to in clauses (b) and (c) of sub-section (1),
the Election Commission shall have regard to the following provisions; namely:—
(a) all the constituencies shall be single-member
constituencies;
(b) all constituencies shall, as far as
practicable, be geographically compact areas, and in delimiting them, regard
shall be had to physical features, existing boundaries of administrative units,
facilities of communication and conveniences to the public; and
(c) constituencies in which seats are reserved
for the Scheduled Castes and the Scheduled Tribes shall, as far as practicable,
be located in areas where the proportion of their population to the total
population is the largest.
(3) The Election Commission shall, for the purpose
of assisting it in the performance of its functions under sub-section (1),
associate with itself as associate members, five persons as the Central
Government may by order specify, being persons who are the members of the
Legislative Assembly of the State or of the House of the People representing
the State:
Provided that none of the
associate members shall have a right to vote or to sign any decision of the
Election Commission.
(4) If, owing to death
or resignation, the office of an associate member falls vacant, it shall be
filled as far as practicable, in accordance with the provisions of sub-section
(3).
(5) The Election
Commission shall—
(a) publish its proposals for the
delimitation of constituencies together with the dissenting proposals, if any,
of any associate member who desires publication thereof in the Official Gazette
and in such other manner as the Commission may consider fit, together with a
notice inviting objections and suggestions in relation to the proposals and
specifying a date on or after which the proposals will be further considered by
it;
(b) consider all objections and
suggestions which may have been received by it before the date so specified;
(c) after considering all objection and
suggestions which may have been received by it before the date so specified,
determine by one or more orders the delimitation of constituencies and cause
such order or orders to be published in the Official Gazette; and upon such
publication, the order or orders shall have the full force of law and shall not
be called in question in any court.
(6) As soon as may be
after such publication, every such order relating to assembly constituencies
shall be laid before the Legislative Assembly of the concerned State.
(7) The delimitation of
constituencies in the States of Bihar and Jharkhand shall be determined on the
basis of the published figure of the census taken in the year 1971.
22. Power of Election Commission to maintain Delimitation
Orders up-to-date: (1) The Election Commission may, from time to
time, by notification in the Official Gazette,—
(a) correct any printing mistakes in any order
made under section 21 or any error arising therein from inadvertent slip or
omission;
(b) where the boundaries or name of any
territorial division mentioned in any such order or orders is or are altered,
make such amendments as appear to it to be necessary or expedient for bringing
such order up-to date.
(2) Every notification under this section relating
to an assembly constituency shall be laid, as soon as may be after it is
issued, before the concerned Legislative Assembly.
Scheduled Castes and Scheduled Tribes
23. Amendment of the Scheduled Castes Order: On and from
the appointed day, the Constitution (Scheduled Castes) Order, 1950, shall stand
amended as directed in the Fifth Schedule.
24. Amendment of the Scheduled Tribes Order: On and from
the appointed day, the Constitution (Scheduled Tribes) Order, 1950, shall stand
amended as directed in the Sixth Schedule.
Part IV
High
Court
25. High Court of Jharkhand: (1) On and
from the appointed day, there shall be a separate High Court for the State of
Jharkhand (hereinafter referred to as “the High Court of Jharkhand”) and the
High Court of Patna shall become the High Court for the State of Bihar (hereinafter
referred to as the High Court at Patna).
(2) The principal seat
of the High Court of Jharkhand shall be at such place as the President may, by
notified order, appoint.
(3) Notwithstanding
anything contained in sub-section (2), the Judges and division courts of
the High Court of Jharkhand may sit at such other place or places in the State
of Jharkhand other than its principal seat as the Chief Justice may, with the
approval of the Governor of Jharkhand, appoint.
26. Judges of High Court: (1)
Such of the Judges of the High Court at Patna holding office immediately before
the appointed day as may be determined by the President shall on that day cease
to be Judges of the High Court at Patna and become Judges of the High Court of
Jharkhand.
(2) The persons who by
virtue of sub-section (1) become Judges of the High Court of Jharkhand
shall, except in the case where any such person is appointed to be the Chief
Justice of that High Court, rank in that Court according to the priority of
their respective appointments as Judges of the High Court of Patna.
27. Jurisdiction of High Court: The High Court of
Jharkhand shall have, in respect of any part of the territories included in the
State of Jharkhand, all such jurisdiction, powers and authority as, under the
law in force immediately before the appointed day, are exercisable in respect
of that part of the said territories by the High Court at Patna.
28. Special provision relating to Bar Council and advocates: (1) On and from the appointed day, in the Advocates
Act, 1961, in section 3, in sub-section (1), in clause (a), after the words
“Jammu and Kashmir”, the words “Jharkhand” shall be inserted.
(2) Any person who
immediately before the appointed day is an advocate on the roll of the Bar
Council of the existing State of Bihar may give his option in writing, within
one year from the appointed day to the Bar Council of such existing State, to
transfer his name on the roll of the Bar Council of Jharkhand and
notwithstanding anything contained in the Advocates Act, 1961 and the rules
made thereunder, on such option so given his name shall be deemed to have been
transferred on the roll of the Bar Council of Jharkhand with effect from the
date of the option so given for the purposes of the said Act and the rules made
thereunder.
(3) The persons other
than the advocates who are entitled immediately before the appointed day, to
practise in the High Court at Patna or any subordinate court thereof shall, on
and after the appointed day, be recognised as such persons entitled also to
practise in the High Court of Jharkhand or any subordinate court thereof, as
the case may be.
(4) The right of
audience in the High Court of Jharkhand shall be regulated in accordance with
the like principles as immediately before the appointed day are in force with
respect to the right of audience in the High Court at Patna.
29. Practice and procedure in common High Court: Subject
to the provisions of this Part, the law in force immediately before the
appointed day with respect to practice and procedure in the High Court at Patna
shall, with the necessary modifications, apply in relation to the High Court of
Jharkhand, and accordingly, the High Court of Jharkhand shall have all such
powers to make rules and orders with respect to practice and procedure as are
immediately before the appointed day exercisable by the High Court at Patna:
Provided that any rules or
orders which are in force immediately before the appointed day with respect to
practice and procedure in the High Court at Patna shall, until varied or
revoked by rules or orders made by the High Court of Jharkhand, apply with the
necessary modifications in relation to practice and procedure in the High Court
of Jharkhand as if made by that Court.
30. Custody of seal of High Court: The law in force immediately before the appointed day with
respect to the custody of the seal of the High Court at Patna shall, with the
necessary modifications, apply with respect to the custody of the seal of the
High Court of Jharkhand.
31. Form of writs and other processes: The law in force immediately before the appointed day with
respect to the form of writs and other processes used, issued or awarded by the
High Court at Patna shall, with the necessary modifications, apply with respect
to the form of writs and other processes used, issued or awarded by the High
Court of Jharkhand.
32. Powers of Judges: The law in force immediately before
the appointed day relating to the powers of the Chief Justice, single Judges
and division courts of the High Court at Patna and with respect to all matters
ancillary to the exercise of those powers shall, with the necessary
modifications, apply in relation to the High Court of Jharkhand.
33. Procedure as to appeals to Supreme Court: The law in force immediately before the appointed day
relating to appeals to the Supreme Court from the High Court at Patna and the
Judges and division courts thereof shall, with the necessary modifications,
apply in relation to the High Court of Jharkhand.
34. Transfer of proceedings from High Court at Patna to High
Court of Jharkhand: (1) Except as hereinafter provided, the High
Court at Patna shall, as from he appointed day, have no jurisdiction in respect
of the transferred territory.
(2) Such proceedings
pending in the High Court at Patna immediately before the appointed day as are
certified, whether before or after that day, by the Chief Justice of that High
Court, having regard to the places of accrual of the cause of action and other
circumstances, to be proceedings which ought to be heard and decided by the
High Court of Jharkhand shall, as soon as may be after such certification, be
transferred to the High Court of Jharkhand.
(3) Notwithstanding
anything contained in sub-sections (1) and (2) of this section or
in section 27, but save as hereinafter provided, the High Court at Patna shall
have, and the High Court of Jharkhand shall not have, jurisdiction to
entertain, hear or dispose of appeals, applications for leave to appeal to the
Supreme Court, applications for review and other proceedings where any such
proceedings seek any relief in respect of any order passed by the High Court at
Patna before the appointed day:
Provided that if after any such
proceedings have been entertained by the High Court at Patna, it appears to the
Chief Justice of that High Court that they ought to be transferred to the High
Court of Jharkhand, he shall order that they shall be so transferred, and such
proceedings shall thereupon be transferred accordingly.
(4) Any order made by
the High Court at Patna—
(a) before the appointed day, in any proceedings
transferred to the High Court of Jharkhand by virtue of sub-section (2),
or
(b) in any proceedings with respect to which the
High Court at Patna retains jurisdiction by virtue of sub-section (3)
shall for all purposes have effect, not only as an order or the High Court at
Patna, but also as an order made by the High Court of Jharkhand.
35. Right to appear or to act in proceedings transferred to
High Court of Jharkhand: Any person who, immediately before the appointed
day, is an advocate entitled to practise or an attorney entitled to act in the
High Court at Patna and so authorised to appear or to act in any proceedings
transferred from that High Court to the High Court of Jharkhand under section
34, shall have the right to appear or to act, as the case may be, in the High
Court of Jharkhand in relations to those proceedings.
36. Interpretation: For the purposes of section 34—
(a) proceedings shall be deemed to be pending in
a court until that court has disposed of all issues between the parties,
including any issues with respect to the taxation of the costs of the
proceedings and shall include appeals, applications for leave to appeal to the
Supreme Court, applications for review, petitions for revision and petitions
for writs;
(b) references to a High Court shall be construed
as including references to a Judge or division court thereof, and references to
an order made by a court or a Judge shall be construed as including references
to a sentence, judgment or decree passed or made by that court or Judge.
37. Saving: Nothing in this Part
shall affect the application to the High Court of Jharkhand of any provisions
of the Constitution, and this Part shall have effect subject to any provision
that may be made on or after the appointed day with respect to that High Court
by any Legislature or other authority having power to make such provision.
Part V
Authorisation
of Expenditure and Distribution of Revenues
38. Authorisation of expenditure of Jharkhand State: The
Governor of Bihar may, at any time before the appointed day, authorise such
expenditure from the Consolidated Fund of the State of Jharkhand as he deems
necessary for any period not more than six months beginning with the appointed
day pending the sanction of such expenditure by the Legislative Assembly of the
State of Jharkhand:
Provided that the Governor of
Jharkhand may, after the appointed day, authorise such further expenditure as
he deems necessary from the Consolidated Fund of the State of Jharkhand for any
period not extending beyond the said period of six months.
39. Reports relating to accounts of Bihar State: (1) The reports of the Comptroller and Auditor-General
of India referred to in clause (2) of article 151 relating to the accounts of
the existing State of Bihar in respect of any period prior to the appointed day
shall be submitted to the Governor of each of the successor State of Bihar and
Jharkhand who shall cause them to be laid before the Legislature of that State.
(2) The President, after
considering the views of the States Legislatures of the successor states, may
by order—
(a) declare any expenditure incurred out of the
Consolidated Fund of Bihar on any service in respect of any period prior to the
appointed day during the financial year or in respect of any earlier financial
year in excess of the amount granted for that service and for that year as
disclosed in the reports referred to in sub-section (1) to have been
duly authorised; and
(b) provide for any action to be taken on any
matter arising out of the said reports.
40. Distribution of revenue: The President shall, by
order, determine the share of the States of Bihar and Jharkhand in the total
amount payable to the existing State of Bihar on the recommendation of the
Finance Commission constituted under article 280 of the Constitution, in such
manner as he thinks fit.
Part VI
Apportionment of Assets and Liabilities
41. Application of Part: (1)
The provisions of this Part shall apply in relation to the apportionment of the
assets and liabilities of the existing State of Bihar immediately before the
appointed day.
(2) The successor State
shall be entitled to receive benefits arising out of the decisions taken by the
prodecessor State and the successor States shall be liable to bear the
financial liabilities arising out of the decisions taken by the existing State
of Bihar.
(3) The apportionment of
assets and liabilities would be subject to such financial adjustment as may be
necessary to secure just, reasonable and equitable apportionment of the assets
and liabilities amongst the successor States.
(4) Any dispute
regarding the amount of financial assets and liabilities shall be settled
through mutual agreement, failing which by order by the Central Government on
the advice of the Comptroller and Auditor-General of India.
42. Land and goods: (1) Subject to the other
provisions of this Part, all land and all stores, articles and other goods
belonging to the existing State of Bihar shall,—
(a) if within the transferred territory, pass to
the State of Jharkhand; or
(b) in any other case, remain the property of the
State of Bihar:
Provided that where the Central
Government is of opinion that any goods or class of goods should be distributed
between the States of Bihar and Jharkhand, otherwise that according to the
situation of the goods, the Central Government may issue such directions as it
thinks fit for a just and equitable distribution of the goods and the goods
shall pass to the successor States accordingly.
(2) Stores held for
specific purposes, such as use or utilisation in particular institutions,
workshops or undertakings or on particular works under construction, shall pass
to the successor States in whose territories such institutions, workshops,
undertakings or works are located.
(3) Stores relating to
the Secretariat and offices of Heads of Departments having jurisdiction over
the whole of the existing State of Bihar shall be divided as may be agreed upon
between the successor States, or in default of such agreement, as the Central
Government may by order direct for a just and equitable distribution of such
stores.
(4) Any other unissued
stores of any class in the existing State of Bihar shall be divided between the
successor States in proportion to the total stores of that class purchased in
the period of three years prior to the appointed day, for the territories of
the existing State of Bihar included respectively in each of the successor
States:
Provided that where such
proportion cannot be ascertained in respect of any class of stores or where the
value of any class of such stores does not exceed rupees ten thousand, that
class of stores shall be divided between the successor States according to the population
ratio.
(5) In 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.
43. Treasury and bank balances: The total of the cash
balances in all treasuries of the State of Bihar and the credit balances of the
State with Reserve Bank of India, the State Bank of India or any other bank
immediately before the appointed day shall be divided between the States of Bihar
and Jharkhand according to the population ratio:
Provided that for the purposes
of such division, there shall be no transfer of cash balances from any treasury
to any other treasury and the apportionment shall be effected by adjusting the
credit balances of the two States in the books of the Reserve bank of India on
the appointed day:
Provided further that if the
State of Jharkhand has no account on the appointed day with the Reserve Bank of
India, the adjustment shall be made in such manner as the Central Government
may, by order, direct.
44. Arrears of taxes: The
right to recover arrears of any tax or duty on property, including arrears of
land revenue, shall belong to the successor State in which the property is
situated, and the right to recover arrears of any other tax or duty shall
belong to the successor State in whose territories the place of assessment of
that tax or duty is included on the appointed day.
45. Right to recover loans and advances: (1) The
right of the existing State of Bihar to recover any loans or advances made
before the appointed day to any local body, society, agriculturist or other
person in an area within that State shall belong to the successor State in
which that area is included on that day.
(2) The right of the
existing State of Bihar to recover any loans or advances made before the
appointed day to any person or institution outside that State shall belong to
the State of Bihar:
Provided that any sum recovered
in respect of any such loan or advance shall be divided between the States of
Bihar and Jharkhand according to the population ratio.
46. Investments and credits in certain funds: The securities held in respect of the investments made from
Cash Balances Investment Account or from any Fund in the Public Account of the
existing State of Bihar as specified in the Seventh Schedule shall be
apportioned in the ratio of population of the successor States:
Provided that the securities
held in investments made from the Calamity Relief Fund of the existing State of
Bihar shall be divided in the ratio of the area of the territories occupied by
the successor States:
Provided further that the
balance in the Reserve Funds in the Public Account of Bihar created wholly out
of appropriations from the Consolidated Fund of the existing State of Bihar, to
the extent the balances have not been invested outside Government account,
shall not be carried forward to similar Reserve Funds in the Public Account of,
successor States.
(2) The investments of
the existing State of Bihar immediately before the appointed day in any special
fund the objects of which are confined to a local area, shall belong to the
State in which that area is included on the appointed day.
(3) The investments of
the existing State of Bihar immediately before the appointed day in any
private, commercial or industrial undertaking, in so far as such investments
have not been made or are deemed not to have been made from the cash balance
investment account, shall pass to the State in which the principal seat of
business of the undertaking is located.
(4) Where any body
corporate constituted under a Central Act, State of Act or Provincial Act for
the existing State of Bihar or any part thereof has, by virtue of the
provisions of Part II, becomes an inter-State body corporate the investment in,
or loans or advances to, any such body Corporate by the existing State of Bihar
made before the apointed day shall, say as otherwise expressly povided by or under
this Act, be divided between the States of Bihar and Jharkhand in the same
proporation in which the assets of the body Corporate are divided under the
provisions of this part.
47. Assets and liabilities of State Undertakings: (1) The assets and liabilities relating to any
commercial or Industrial undertaking of the existing State of Bihar shall pass
to the State in which the undertaking is located.
(2) Where a depreciation
reserve fund is maintained by the State of Bihar for any such commercial or
industrial undertaking, the securities held in respect of investments made from
that fund shall pass to the State in which the undertaking is located.
48. Public Debt: (1)
All liabilities on account of Public Debt and Public Account of the existing
State of Bihar outstanding immediately before the appointed day shall be
apportioned in the ratio of population of the successor States unless a
different mode of apportionment is provided under the provisions of this Act.
(2) The individual items
of liabilities to be allocated to the successor States and the amount of
contribution required to be made by one successor State to another shall be
such as may be ordered by the Central Government in consultation with the
Comptroller and Auditor-General of India:
Provided that till such orders
are issued, the liabilities on account of Public Debt and Public Account of the
existing State of Bihar shall continue to be the liabilities of the successor
State of Bihar.
(3) The liability on
account of loans raised from any source and re-lent by the existing State of
Bihar to such entities as may be specified by the Central Government and whose
area of operation is confined to either of the successor States shall devolve
on the respective States as specified in sub-section (4).
(4) The Public Debt of
the existing State of Bihar attributable to loan taken from any source for the
express purpose of re-lending the same to a specific institution and
outstanding immediately before the appointed day shall,—
(a) if re-lent to any local body, body corporate
or other institution in any local area, be the debt of the State in which the
local area is included on the appointed day; or
(b) if re-lent to the Bihar State Electricity
Board, The Bihar State Road Transport Corporation, or the Bihar Housing Board
or any other institution which becomes an inter-State institution on the
appointed day, be divided between the States of Bihar and Jharkhand in the same
proportion in which the assets of such body corporate or institution are
divided under the provisions of Part VII of this Act.
(5) Where a sinking fund
or a depreciation fund is maintained by the existing State of Bihar for
repayment of any loan raised by it, the securities held in respect of
investments made from that fund shall be divided between the successor States
of Bihar and Jharkhand in the same proportion in which the total public debt is
divided between the two States under this section.
(6) In this section, the
expression “Government security” means a security created and issued by a State
Government for the purpose of raising a public loan and having any of the forms
specified in, or prescribed under clause (2) of section 2 of the Public
Debt Act, 1944.
49. Floating Debts: The liabilities of the existing State
of Bihar in respect of any floating loan to provide short term finance to any
commercial undertaking shall be the liability of the State in whose territories
the undertaking is located.
50. Refund of taxes collected in excess: The liability of
the existing State of Bihar to refund any tax or duty on property, including
land revenue, collected in excess shall be the liability of the successor State
in whose territories the property is situated, and the liability of the
existing State of Bihar to refund any other tax or duty collected in excess
shall be the liability of the successor State in whose territories the place of
assessment of that tax or duty is included.
51. Deposits, etc.: (1) The liability of the
existing State of Bihar in respect of any civil deposit or loan fund deposit
shall, as from the appointed day, be the liability of the State in whose area
the deposit has been made.
(2) The liability of the
existing State of Bihar in respect of any charitable or other endowment shall,
as from the appointed day, be the liability of the State in whose area the
institution entitled to the benefit of the endowment is located or of the State
to which the objects of the endowment, under the terms thereof, are confined.
52. Provident fund: The liability of the existing State
of Bihar in respect of the provident fund account of a Government servant in
service on the appointed day shall, as from that day, be the liability of the
State to which that Government servant is permanently allotted.
53. Pensions: The liability of the existing State of
Bihar in respect of pensions and other retirement benefits shall pass to, or be
apportioned between the successor States of Bihar and Jharkhand in accordance
with the provisions contained in the Eighth Schedule to this Act.
54. Contracts: (1) Where, before the appointed
day, the existing State of Bihar has made any contract in the exercise of its
executive power for any purposes of the State, that contract shall be deemed to
have been made in the exercise of the executive power—
(a) if the purposes of the contract are, on and
from the appointed day, exclusive purposes of either of the successor States of
Bihar and Jharkhand; and
(b) in any other case, of the State of Bihar,
and all rights and liabilities
which have accrued, or may accrue under any such contract shall, to the extent
to which they would have been rights or liabilities of the existing State of
Bihar, be rights or liabilities of the State of Jharkhand or the State of
Bihar, as the case may be:
Provided that in any such case
as is referred to in clause (b), the initial allocation of rights and
liabilities made by this sub-section shall be subject to such financial
adjustment as may be agreed upon between the successor States of Bihar and
Jharkhand or in default of such agreement, as the Central Government may, by
order, direct.
(2) For the purposes of
this section, there shall be deemed to be included in the liabilities which
have accrued or may accrue under any contract—
(a) any liability to satisfy an order or award
made by any court or other tribunal in proceedings relating to the contract;
and
(b) any liability in respect of expenses incurred
in or in connection with any such proceedings.
(3) This section shall
have effect subject to the other provisions of this Part relating to the
apportionment of liabilities in respect of loans, guarantees and other
financial obligations; and bank balances and securities shall, notwithstanding
that they partake of the nature of contractual rights, be dealt with under
those provisions.
55. Liability in respect of actionable wrong: Where,
immediately before the appointed day, the existing State of Bihar is subject to
any liability in respect of any actionable wrong other than breach of contract,
that liability shall,—
(a) if the cause of action arose wholly within
the territories which, as from that day, are the territories of either of the
successor States of Bihar or Jharkhand, be a liability of that successor State;
and
(b) in any other case, be initially a liability
of the State of Bihar, but subject to such financial adjustment as may be
agreed upon between the States of Bihar and Jharkhand or, in default of such
agreement, as the Central Government may, by order, direct.
56. Liability as guarantor: Where, immediately before the
appointed day, the existing State of Bihar is liable as guarantor in respect of
any liability of a registered co-operative society or other person, that
liability of the existing State of Bihar shall—
(a) if the area of operations of such society or
persons is limited to the territories which, as from that day, are the
territories of either of the States of Bihar or Jharkhand, be a liability of
that successor State; and
(b) in any other case, be initially a liability
of the State of Bihar, subject to such financial adjustment as may be agreed
upon between the States of Bihar and Jharkhand or, in default of such
agreements, as the Central Government may, by order, direct.
57. Items in suspense: If any item in suspense is
ultimately found to affect an asset or liability of the nature referred to in
any of the foregoing provisions of this Part, it shall be dealt with in
accordance with that provision.
58. Residuary provision: The
benefit or burden of any asset or liability of the existing State of Bihar not
dealt with in the foregoing provisions of this Part shall pass to the State of
Bihar in the first instance, subject to such financial adjustment as may be
agreed upon between the States of Bihar and Jharkhand or, in default of such
agreement, as the Central Government may, by order, direct.
59. Apportionment of assets or liabilities by agreement: Where
the successor States of Bihar and Jharkhand agree that the benefit or burden of
any particular asset or liability should be apportioned between them in a
manner other than that provided for in the foregoing provisions of this Part,
then, notwithstanding anything contained therein, the assets, liability or
benefit or burden of that asset or liability shall be apportioned in the manner
agreed upon.
60. Power of Central Government to order allocation or
adjustment in certain cases: Where, by virtue of any of the provisions of
this Part, any of the successor States of Bihar and Jharkhand becomes entitled
to any property or obtains any benefits or becomes subject to any liability,
and the Central Government is of opinion, on a reference made within a period
of three years from the appointed day by either of the States, that it is just
and equitable that property or those benefits should be transferred to, or
shared with, the other successor State, or that a contribution towards that
liability should be made by the other successor State, the said property or
benefits shall be allocated in such manner between the two States, or the other
State shall make to the State subject to the liability such contribution in
respect thereof, as the Central Government may, after consultation with the two
State Governments, by order determine.
61. Certain expenditure to be charged on Consolidated Fund: All
sums payable either by the State of Bihar or by the State of Jharkhand to the
other States or by the Central Government to either of those States, by virtue
of the provisions of this Act, shall be charged on the Consolidated Fund of the
State by which such sums are payable or, as the case may be, the Consolidated
Fund of India.
Part VII
Provisions as to certain corporations
62. Provisions as to Bihar State Electricity Board, State
Warehousing Corporation and State Board Transport Corporation: (1) The following bodies corporate constituted for the
existing State of Bihar, namely—
(a) the State Electricity Board constituted under
the Electricity Supply Act, 1948;
(b) the State Warehousing Corporation established
under the Warehousing Corporation Act, 1962,
(c) the State Road Transport Corporation
established under the Road Transport Act, 1950,
shall, on and from the
appointed day, continue to function in those areas in respect of which they
were functioning immediately before that day, subject to the provisions of this
section and to such directions as may, from time to time, be issued by the
Central Government.
(2) Any directions
issued by the Central Government under sub-section (1) in respect of the
Board or the Corporation shall include a direction that the Act under which the
Board of the Corporation was constituted shall, in its application to that
Board or Corporation, have effect subject to such exceptions and modifications
as the Central Government thinks fit.
(3) The Board or the
Corporation, referred to in sub-section (1) shall cease to function as
from, and shall be deemed to be dissolved on such date as the Central
Government may, by order, appoint; and upon such dissolution, its assets,
rights and liabilities shall be apportioned between the successor States of
Bihar and Jharkhand in such manner as may be agreed upon between them within
one year of the dissolution of the Board or the Corporation, as the case may
be, or if no agreement is reached, in such manner as the Central Government
may, by order, determine:
Provided that any liabilities
of the said Board relating to the unpaid dues of the coal supplied to the Board
by any public sector coal company shall be provisionally apportioned between
the State Electricity Boards constituted respectively in the successor States
of the existing State of Bihar or after the date appointed for the dissolution
of the Board under this sub-section in such manner as may be agreed upon
between the Governments of the successor States within one month of such
dissolution or if no agreement is reached, in such manner as the Central
Government may, by order, determine subject to reconciliation and finalisation
of the liabilities which shall be completed within three months from the date of
such dissolution by the mutual agreement between the successor States or
failing such agreement by the direction of the Central Government:
Provided further that an
interest at the rate of two per cent, higher than the Cash Credit interest
shall be paid on outstanding unpaid dues of the coal supplied to the Board by
the public sector coal company till the liquidation of such dues by the
concerned State Electricity Board constituted in the successor States on or
after the date appointed for the dissolution of the Board under this
sub-section.
(4) Nothing in the
preceding provisions of this section shall be construed as preventing the
Government of the State of Bihar or, as the case may be, the Government of the
State of Jharkhand from constituting, at any time on or after the appointed
day, a State Electricity Board or a State Warehousing Corporation or a Road
Transport Corporation for the State under the provisions of the Act relating to
such Board or Corporation; and if such a Board or Corporation is so constituted
in either of the States before the dissolution of the Board or the Corporation
referred to in sub-section (1),—
(a) provision may be made by order of the Central
Government enabling the new Board or the new Corporation, to take over from the
existing Board or Corporation all or any of its undertakings, assets, rights
and liabilities in that State, and
(b) upon the dissolution of existing Board or
Corporation,—
(i) any
assets, rights and liabilities which would otherwise have passed to that State
by or under the provisions of sub-section (3) shall pass to the new
Board or the new Corporation instead of to that State;
(ii) any
employee who would otherwise have been transferred to or re-employed by that
State under sub-section (3), read with clause (i) of sub-section
(5), shall be transferred to or re-employed by the new Board or the new
Corporation instead of to or by that State.
(5) An agreement entered
into between the successor States under sub-section (3) and an order
made by the Central Government under that sub-section or under clause (a)
of sub-section (4) may provide for the transfer or re-employment of any
employee of the Board or the Corporation referred to in sub-section (1),—
(i) to or by the successor States, in the
case of an agreement under sub-section (4) or an order made under the
sub-section;
(ii) to or by the new Board or the new
Corporation constituted under sub-section (4), in the case of an order
made under clause (a) of that sub-section,
and, subject to the provisions
of section 65, also for the terms and conditions of service applicable to such
employees after such transfer or re-employment.
63. Continuance of arrangements in regard to generation and
supply of electric power and supply of water: If it appears to the Central
Government that the arrangement in regard to the generation or supply of
electric power or the supply of water for any area or in regard to the
execution of any project for such generation or supply has been or is likely to
be modified to the disadvantage of that area by reason of the fact that it is,
by virtue of the provisions of Part II, outside the State in which the power
stations and other installations for the generation and supply of such power,
or the catchment area, reservoirs and other works for the supply of water, as
the case may be, are located, the Central Government may, after consultation
with the Government of each successor States wherever necessary, give such
directions as it deems proper to the State Government or other authority
concerned for the maintenance, so far as practicable, of the previous
arrangement.
64. Provisions as to Bihar State Financial Corporation: (1)
The Bihar State Financial Corporation established under the State Financial
Corporation Act, 1951 shall, on and from the appointed day, continue to
function in those areas in respect of which it was functioning immediately
before that day, subject to the provisions of this section and to such
directions as may from time to time, be issued by the Central Government.
(2) Any directions
issued by the Central Government under sub-section (1) in respect of the
Corporation may include a direction that the said Act, in its application to
the Corporation, shall have effect subject to such exceptions and modifications
as may be specified in the direction.
(3) Notwithstanding
anything contained in sub-section (1) or sub-section (2), the
Board of Directors of the Corporation may, with the previous approval of the
Central Government and shall, if so required by the Central Government, convene
at any time after the appointed day a meeting for the consideration of a scheme
for the reconstitution or reorganisation or dissolution, as the case may be, of
the Corporation, including proposals regarding the formation of new
Corporations, and the transfer thereto of the assets, rights and liabilities of
the existing Corporation, and if such a scheme is approved at the general
meeting by a resolution passed by a majority of the shareholders present and
voting, the scheme shall be submitted to the Central Government for its
sanction.
(4) If the scheme is
sanctioned by the Central Government either without modifications or with
modifications which are approved at a general meeting, the Central Government
shall certify the scheme, and upon such certification, the scheme shall,
notwithstanding anything to the contrary contained in any law for the time
being in force, be binding on the corporations affected by the scheme as well
as the shareholders and creditors thereof.
(5) If the scheme is not
so approved or sanctioned, the Central Government may refer the scheme to such
Judge of the High Court at Patna and Jharkhand as may be nominated in this
behalf by the Chief Justice thereof, and the decision of the Judge in regard to
the scheme shall be final and shall be binding on the Corporations affected by
the scheme as well as the shareholders and creditors thereof.
(6) Nothing in the
preceding provisions of this section shall be construed as preventing the
Government of the States of Bihar and Jharkhand from constituting, at any time
on or after the appointed day, a State Financial Corporation for that State
under the State Financial Corporation Act, 1951.
65. Provisions as to certain companies: (1)
Notwithstanding anything contained in the foregoing provisions of this Part,
each of the companies specified in the Ninth Schedule to this Act shall, on and
from the appointed day and until otherwise provided for in any law, or in any
agreement among the successor States, or in any direction issued by the Central
Government, continue to function in the areas in which it was functioning
immediately before that day, and the Central Government may from time to time
issue such directions in relation to such functioning as it may deem fit, notwithstanding
anything to the contrary contained in the Companies Act, 1956, or in any other
law.
(2) Any directions
issued under sub-section (1) in respect of a company referred in that
sub-section, may include directions—
(a) regarding the division of the interests and
shares of existing State of Bihar in the Company among the successor States:
(b) requiring the reconstitution of the Board of
Directors of the Company so as to give adequate representation to all the
successor States.
66. General provisions as to statutory corporations: (1)
Save as otherwise expressly provided by the foregoing provisions of this Part,
where any body corporate constituted under a Central Act, State Act or
Provisional Act for the existing State of Bihar or any part thereof has, by
virtue of the provisions of Part II of this Act, become an inter-State body
corporate, then, the body corporate shall, on and from the appointed day,
continue to function and operate in those areas in respect of which it was
functioning and operating immediately before that day, subject to such
directions as may from time to time be issued by the Central Government, until
other provision is made by law in respect of the said body corporate.
(2) Any directions
issued by the Central Government under sub-section (1) in respect of any
such body corporate shall include a direction that any law by which the said
body corporate is governed shall, in its application to that body corporate,
have effect subject to such exceptions and modifications as may be specified in
the direction.
67. Temporary provisions as to continuance of certain existing
road transport permits: (1)
Notwithstanding anything contained in section 88 of the Motor Vehicles Act,
1988, a permit granted by the State Transport Authority of the existing State
of Bihar or any Regional Transport Authority in that State shall, if such
permit was, immediately before the appointed day, valid and effective in any
area in the transferred territory, be deemed to continue to be valid and
effective in that area after that day subject to the provisions of that Act as
for the time being in force in that area; and it shall not be necessary for any
such permit to be countersigned by the State Transport Authority of Jharkhand
or any Regional Transport Authority therein for the purpose of validating it
for use in such area:
Provided that the Central
Government may, after consultation with the successor State Government or
Government concerned add to, amend or vary the conditions attached to the
permit by the Authority by which the permit was granted.
(2) No tolls, entrance
fees or other charges of a like nature shall be levied after the appointed day
in respect of any transport vehicle for its operations in any of the successor
States under any such permit, if such vehicle was, immediately before that day,
exempt from the payment of any such toll, entrance fees or other charges for
its operations in the transferred territory:
Provided that the Central
Government may, after consultation with the State Government or Governments
concerned, authorise the levy of any such toll, entrance fees or other charges,
as the case may be.
68. Special provisions relating to retrenchment compensation
in certain cases: Where on account of the reorganisation of the existing
state of Bihar under this Act, any body corporate constituted under a Central
Act, State Act or Provincial Act, any co-operative society registered under any
law relating to co-operative societies or any commercial or industrial
undertaking of that State is reconstituted or reorganised in any manner
whatsoever or is amalgamated with any other body corporate, co-operative
society or undertaking, or is dissolved, and in consequence of such
reconstitution, reorganisation, amalgamation or dissolution, any workman
employed by such body corporate or in any such co-operative society or
undertaking, is transferred to, or re-employed by any other body corporate, or
in any other co-operative society or undertaking, then notwithstanding anything
contained in section 25F, section 25FF or section 25FFF of the Industrial
Disputes Act, 1947, such transfer or re-employment shall not entitle him to any
compensation under that section:
Provided that—
(a) the terms and conditions of service
applicable to the workman after such transfer or re-employment are not less
favourable to the workman than those applicable to him immediately before the
transfer or re-employment;
(b) the employer in relation to the body
corporate, the co-operative society or the undertaking where the workman is
transferred or re-employed is, by agreement or otherwise, legally liable to pay
to the workman, in the event of his retrenchment, compensation under section
25F, section 25FF or section 25FFF of the Industrial Disputes Act, 1947 on the
basis that his service has been continuous and has not been interrupted by the
transfer or re-employment.
69. Special provisions as to income-tax: Where the assets, rights and liabilities of any body
corporate carrying on any business are, under the provisions of this Part ,
transferred to any other bodies corporate which after the transfer carry on the
same business, the losses or profits or gains sustained by the body corporate
first mentioned which, but for such transfer, would have been allowed to be
carried forward and set off in accordance with the provisions of Chapter VI of
the Income-tax Act, 1961, shall be apportioned amongst the transferee bodies
corporate in accordance with the rules to be made by the Central Government in
this behalf and, upon such apportionment, the share of loss allotted to each
transferee body corporate shall be dealt with in accordance with the provisions
of Chapter VI of the said Act, as if the transferee body corporate had itself
sustained such loss in a business carried on by it in the years in which these
losses were sustained.
70. Continuance of facilities in certain State institutions: (1) The Government of State of Bihar or Jharkhand, as
the case may be, shall, in respect of the institutions specified in the Tenth
Schedule to this Act, located in that State, continue to provide facilities to
the people of the other State which shall not, in any respect, be less
favourable to such people than what were being provided to them before the
appointed day, for such period and upon such terms and conditions as may be
agreed upon between the two State Governments before the 1st day of December,
2001 of if no agreement is reached by the said date as may be fixed by order of
the Central Government.
(2) The Central
Government may, at any time before the 1st day of December, 2001, by
notification in the Official Gazette, specify in the Tenth Schedule any other
institution existing on the appointed day in the State of Bihar and Jharkhand
and on the issue of such notification, the Schedule shall be deemed to be
amended by the inclusion of the said institution therein.
Part VIII
Provisions
as to Services
71. Provisions relating to All-India Services: (1)
In this section, the expression “State cadre”—
(a) in relation to the Indian Administrative
Service, has the meaning assigned to it in the Indian Administrative Service
(Cadre) Rules, 1954;
(b) in relation to the Indian Police Service, has
the meaning assigned to it in the Indian Police Service (Cadre) Rules, 1954;
and
(c) in relation to the Indian Forest Service, has
the meaning assigned to it in the Indian Forest Service (Cadre) Rules, 1966.
(2) In place of the
cadres of the Indian Administrative Service, Indian Police Service and Indian
Forest Service for the existing State of Bihar, there shall, on and from the
appointed day, be two separate cadres, one for the State of Bihar and the other
for the State of Jharkhand in respect of each of these services.
(3) The initial strength
and composition of the State cadres referred to in sub-section (2) shall
be such as the Central Government may, by order, determine before the appointed
day.
(4) The members of each
of the said service borne on the Bihar cadre thereof immediately before the
appointed day shall be allocated to the State cadres of the same service
constituted under sub-section (2) in such manner and with effect from
such date or dates as the Central Government may, by order, specify.
(5) Nothing in this
section shall be deemed to affect the operation, on or after the appointed day,
of the All-India Service Act, 1951, or the rules made thereunder.
72. Provisions relating to services in Bihar and Jharkhand: (1)
Every person who immediately before the appointed day is serving in connection
with the affairs of the existing State of Bihar shall, on and from that day
provisionally continue to serve in connection with the affairs of the State of
Bihar unless he is required, by general or special order of the Central
Government to serve provisionally in connection with the affairs of the State
of Jharkhand:
Provided that no direction
shall be issued under this section after the expiry of a period of one year
from the appointed day.
(2) As soon as may be
after the appointed day, the Central Government shall, by general or special
order, determine the successor State to which every person referred to in
sub-section (1) shall be finally allotted for service and the date with
effect from which such allotment shall take effect or be deemed to have taken
effect.
(3) Every person who is
finally allotted under the provisions of sub-section (2) to a successor
State shall, if he is not already serving therein be made available for serving
in the successor State from such date as may be agreed upon between the
Governments concerned or in default of such agreement, as may be determined by
the Central Government.
73. Other provisions relating to services: (1)
Nothing in this section or section 72 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 determination of the conditions of service of
persons serving in connection with the affairs of the Union or any State:
Provided that the conditions of
service applicable immediately before the appointed day in the case of any
person deemed to have been allocated to the State of Bihar or to the State of
Jharkhand under section 72 shall not be varied to his disadvantage except with
the previous approval of the Central Government.
(2) All services prior
the appointed day rendered by a person—
(a) if he is deemed to have been allocated to any
State under section 72, shall be deemed to have been rendered in connection
with the affairs of that State;
(b) if he is deemed to have been allocated to the
Union is connection with the administration of the Jharkhand shall be deemed to
have been rendered in connection with the affairs of the union,
for the purposes of the rules
regulating his conditions of service.
(3) The provisions of
section 72, shall not apply in relation to members of any All-India Service.
74. Provisions as to continuance of officers in same post: (1)
Every person who, immediately before the appointed day is holding or
discharging duties of any post or office in connection with the affairs of the
existing State of Bihar in any area which on that day falls within any of the
successor States shall continue to hold the same post or office in that
successor State, and shall be deemed on and from that day, to have been duly
appointed to the post or office by the Government of, or any other appropriate
authority in, that successor State:
Provided that nothing in this
section shall be deemed to prevent a competent authority, on and from the
appointed day, from passing in relation to such person any order affecting the
continuance in such post or office.
75. Advisory Committees: The Central Government may, by
order establish one or more Advisory Committees for the purpose of assisting it
in regard to—
(a) the discharge of any of its functions under
this Part; and
(b) the ensuring of fair and equitable treatment
to all persons affected by the provisions of this Part and the proper
consideration of any representations made by such persons.
76. Power of Central Government to give directions: The
Central Government may, give such direction to the State Government of Bihar
and the State Government of Jharkhand as may appear to it to be necessary for
the purpose of giving effect to the foregoing provisions of this Part and the
State Governments shall comply with such directions.
77. Provisions as to State Public Service Commission: (1) The Public Service Commission for the existing
State of Bihar shall, on and from the appointed day, be the Public Service
Commission for the State of Bihar.
(2) The persons holding
office immediately before the appointed day as Chairman or other member of the
public Service Commission for the existing State of Bihar shall, as from the
appointed day, be the Chairman or, as the case may be, the other member of the
public Service Commission for the State of Bihar.
(3) Every person who
becomes Chairman or other member of the Public Service Commission for the State
of Bihar on the appointed day under sub-section (2), shall—
(a) be entitled to receive from the Government of
the State of Bihar conditions of service not less favourable than those to
which he was entitled under the provisions applicable to him;
(b) subject to the proviso to clause (2) of
article 316, hold office or continue to hold office until the expiration of his
term of office as determined under the provisions applicable to him immediately
before the appointed day.
(4) The report of the
Bihar Public Service Commission as to the work done by the Commission in
respect of any period prior to the appointed day shall be presented under
clause (2) of article 323 to the Governors of the States of Bihar and
Jharkhand, and the Governor of the State of Bihar shall, on receipt of such
report, cause a copy thereof together with a memorandum explaining as far as
possible, as respects the cases, if any, where the advice of the Commission was
not accepted, the reasons for such non-acceptance to be laid before the
Legislature of the State of Bihar and it shall not be necessary to cause such
report or any such memorandum to be laid before the Legislative Assembly of the
State of Jharkhand.
Part IX
Management
and Development of Water resources
78. Water Resources Development and its Management: (1)
Notwithstanding anything contained in this Act but subject to the provisions of
section 79, all right and liabilities of the existing State of Bihar in
relation to water resource projects in relation to—
(i) Ganga and its tributaries; and
(ii) Sone and its tributaries;
shall on the appointed day, be
the rights and liabilities of the successor States in such proportion as may be
fixed, and subject to such adjustments
as may be made, by agreement entered into by the said States after consultation
with the Central Government, or, if no such agreement is entered into within
two years of the appointed day, then, the Central Government may, by order,
determine within one year having regard to the purposes of the project:
Provided that the order so made
by he Central Government may be varied by any subsequent agreement entered into
by the successor States after consultation with the Central Government.
(2) An agreement or
order referred to in sub-section (1) shall, where an extension or
further development of any of the projects referred to in that sub-section
after the appointed day is undertaken, be the rights and liabilities of the
successor States in relation to such extension or further development.
(3) The rights and
liabilities referred to in sub-section (1) and (2) shall include,—
(a) the right to receive and utilise the water
available for distribution as a result of the projects; and
(b) the right to receive and utilise the power
generated as a result of the projects,
but shall not include the
rights and liabilities under any contract entered into before the appointed day
by the Government of the existing State of Bihar with any person or authority
other than Government.
79. Constitution and functions of Management Board: (1)
The Central Government shall constitute a Board to be called the Ganga and Sone
Management Board (hereinafter referred to as the Board) for administration,
construction, maintenance and operation of projects referred to in sub-section
(1) of section 78 for any or for a combination of the following purposes,
namely:—
(i) Irrigation;
(ii) Rural and Urban water Supply;
(iii) Hydro Power generation;
(iv) Navigation;
(v) Industries; and
(vi) for any other purpose which the Central
Government may, by notification in the Official Gazette, specify.
(2) The Board shall
consist of—
(a) a whole-time Chairman and two whole-time
members to be appointed by the Central Government;
(b) a representative each of the Government of
the States of Uttar Pradesh, Bihar, Jharkhand and Madhya Pradesh to be
nominated by the respective Government;
(c) two representatives of the Central Government
to be nominated by that Government.
(3) The functions of the Board
shall included—
(a) the regulation of supply of water from the
projects referred to in clause (i) of sub-section (1) of section
78 to the successor States having regard to—
(i) any agreement entered into or
arrangement made covering the Government of existing State of Bihar and the
States of Uttar Pradesh, Bihar, Jharkhand and Madhya Pradesh, and
(ii) the agreement or the order referred
to in sub-section (2) of section 78;
(b) the regulation of supply of power generated
at the projects referred to in sub-section (1) of section 78, to any
Electricity Board or other authority incharge of the distribution of power
having regard to—
(i) any agreement entered into, or
arrangement made covering the Government of the existing State of Bihar and the
States of Uttar Pradesh, Bihar Jharkhand and Madhya Pradesh, and
(ii) the agreement or the order referred
to in sub-section (2) of section 78;
(c) the examination of the requirement of funds
for various projects in terms of the programme laid down for such projects and
to advise the apportionment of the expenditure to the participating States
keeping in view the agreement on the sharing of costs;
(d) to decide the withdrawal of water from the
reservoirs during the construction period for irrigation and power purposes
with a view to securing better use of available water;
(e) the responsibility of devising programme of
resettlement for persons displaced as a result of Irrigation Projects;
(f) construction of such of the remaining or new
works connected with the development of the water resource project relating to
the rivers or their tributaries as the Central Government may specify by
notification in the Official Gazette; and
(g) such other functions as the Central
Government may after consultation with the Government of the States of Uttar
Pradesh, Bihar, Jharkhand and Madhya Pradesh entrust to it.
80. Staff of the Management Board: (1) The Board
may employ such staff, as it may consider necessary for the efficient discharge
of its functions under this Act:
Provided that every person who,
immediately before the constitution of the said Board, was engaged in the
construction, maintenance or operation of the works relating to the projects
referred to in sub-section (1) of section 78 shall continue to be so
employed under the Board in connection with the said works on the same terms
and conditions of service as were applicable to him before such constitution
until the Central Government, by order, directs otherwise:
Provided further that the said
Board may, in consultation with the State Government or the Electricity Board
concerned and with the prior approval of the Central Government, retain any
such person for service under that State Government or Board.
(2) The Government of
the States of Uttar Pradesh, Bihar, Jharkhand and Madhya Pradesh shall at all
times provide the necessary funds to the Board to meet all expenses (including
the salaries and allowances of the staff) required for the discharge of its
functions and such amounts shall be apportioned among the States concerned in
such proportion as the Central Government may, having regard to the benefits to
each of the said States specify.
(3) The Board shall be
under the control of the Central Government and shall comply with such
directions, as may, from time to time, be given to it by that Government.
(4) The Board may, with
the approval of the Central Government delegate such of its powers, functions
and duties as it may deem fit to the Chairman of the said Board or to any
officer subordinate to the Board.
(5) The Central Government may,
for the purpose of enabling the Board to function efficiently, issue such
directions to the State Governments concerned, or any other authority, and the
State Governments, or the other authority shall comply with such directions.
81. Jurisdiction of the Board:
(1) The Board shall, ordinarily exercise jurisdiction in regard do to any of the projects referred to in
clause (i) of sub-section (1) of section 78 over head works
(barrages, dams, reservoirs, regulating constructions), part of canal network
and transmission lines necessary to deliver water or power to the States
concerned.
(2) If any question
arises as to whether the Board has jurisdiction under sub-section (1) over any
project referred thereto, the same shall be referred to the Central Government
for decision thereon.
82. Power to make regulations: The Board may, with the prior
approval of the Central Government by notification in the Official Gazette,
make regulations consistent with this Act and orders made thereunder, to
provide for—
(a) regulating the time and place of meetings of
the Board and the procedure to be followed for the transaction of business at
such meetings;
(b) delegation of powers and duties of the
Chairman or any officer of the Board;
(c) the appointment and regulation of the
conditions of service of the officers and other staff of the Board;
(d) any other matter for which regulations are
considered necessary by the Board.
Part X
Legal
and miscellaneous provisions
83. Amendment of Act 37 of 1956: On and from the
appointed day, in section 15 of the States Reorganisation Act, 1956, in clause
(c), for the words “Bihar”, the words “Bihar and Jharkhand” shall be
substituted.
84. Territorial extent of laws: The provisions of Part II of this Act shall not be deemed to
have effected any change in the territories to which any law in force
immediately before the appointed day, extends or applies, and territorial
references in any such law to the State of Bihar shall, until otherwise
provided by a competent Legislature or other competent authority be constituted
as meaning the territories within the existing State of Bihar before the
appointed day.
85. Power to adapt laws: For the purpose of facilitating
the application in relation to the State of Bihar or Jharkhand of any law made
before the appointed day, the appropriate Government may before the expiration
of two years from that 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.
Explanation.—In this section, the expression “appropriate Government”
means as respects any law relating to a matter enumerated in the Union List,
the Central Government, and as respects any other law in its application to a
State, the State Government.
86. Power to construe laws: Notwithstanding
that no provision or insufficient provision has been made under section 85 for
the adaptation of a law made before the appointed day, any court, tribunal or
authority, required or empowered to enforce such law may, for the purpose of
facilitating its application in relation to the State of Bihar or Jharkhand,
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.
87. Power to name authorities, etc., for exercising statutory
functions: The Government of the State of
Jharkhand, as respects the transferred territory may, by notification in the
Official Gazette, specify the authority, officer or person who, on or after the
appointed day, shall be competent to exercise such functions exercisable under
any law in force on that day as may be mentioned in that notification and such
law shall have effect accordingly.
88. Legal proceedings: Where
immediately before the appointed day, the existing State of Bihar is a party to
any legal proceedings with respect to any property, rights or liabilities
subject to apportionment between the State of Bihar and Jharkhand under this
Act, the State of Bihar or Jharkhand which succeeds to, or acquires a share in,
that property or those rights or liabilities by virtue of any provision of this
Act shall be deemed to be substituted for the existing State of Bihar or added
as a party to those proceedings, and the proceedings may continue accordingly.
89. Transfer of pending proceedings: (1) Every
proceedings pending immediately before the appointed day before a court (other
than the High Court), tribunal, authority or officer in any area which on that
day falls within the State of Bihar shall, if it is a proceeding relating
exclusively to the territory, which as from that day are the territories of
Jharkhand State, stand transferred to the corresponding court, tribunal,
authority or officer of that State.
(2) If any question
arises as to whether any proceeding should stand transferred under sub-section
(1), it shall be referred to the High Court at Patna and the decision of
that High Court shall be final.
(3) In this section—
(a) “proceeding” includes any suit, case or
appeal; and
(b) “corresponding court, tribunal, authority or
officer” in the State of Jharkhand means—
(i) the court, tribunal, authority or
officer in which, or before whom, the proceeding would have laid if it had been
instituted after the appointed day; or
(ii) in case of doubt, such court,
tribunal, authority, or officer in the State, as may be determined after the
appointed day by the Government of that State or the Central Government, as the
case may be, or before the appointed day by the Government of the existing
State of Bihar to be the corresponding court, tribunal, authority or officer.
90. Right of pleaders to practise in certain cases: Any
person who, immediately before the appointed day, is enrolled as a pleader
entitled to practise in any subordinate courts in the existing State of Bihar
shall, for a period of one year from that day, continue to be entitled to
practise in those courts, notwithstanding that the whole or any part of the
territories within the jurisdiction of those courts has been transferred to the
State of Jharkhand.
91. Effect of provisions of the Act inconsistent with other laws:
The provisions of this Act shall have
effect notwithstanding anything inconsistent therewith contained in any other
law.
92. Power to remove difficulties: (1) If any difficulty arises in giving effect to the
provisions of this Act, the President may, by order, 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 a period of three years from the appointed
day.
(2) Every order made
under this section shall be laid, before each House of Parliament.
The Constitution (Eighty-Second Amendment) Act,
2000
An Act further to amend the Constitution of
India
Be it enacted by Parliament in the Fifty-first year of the
Republic of India as follows:—
1. Short title: This Act may be called the Constitution
(Eighty-second Amendment) Act, 2000.
2. Amendment of article 335: In Article 335 of the
Constitution, the following proviso shall be inserted at the end, namely:—
“Provided that nothing in this article shall
prevent in making of any provision in favour of the members of the Scheduled
Castes and the Scheduled Tribes for relaxation in qualifying marks in any
examination or lowering the standards of evaluation, for reservation in matter
of promotion to any class or classes of services or posts in connection with
the affairs of the Union or of a State.”.
The Constitution (Eighty-third Amendment) Act,
2000
An Act further to amend the Constitution of
India
Be it enacted by Parliament in the Fifty-first year of the
Republic of India as follows:—
1. Short title: This Act may be called the Constitution
(Eighty-third Amendment) Act, 2000.
2. Amendment of article 243M: In Article 243M of the
Constitution, after clause (3), the following clause shall be inserted,
namely:—
“(3A) Nothing in article 243D, relating to reservation of seats for the Scheduled Castes, shall apply to the State of Arunachal Pradesh.”.