TELANGANA: STATE FORMATION: LEGAL GUIDE-A: ADITHYA KRISHNA

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    (e) of sub- section (1) shall be included in, and

    form part of, the Naraingarh tahsil, and

    (ii) the territories referred to in clause (e) of sub-

    section (1) shall be included in, and form part of,

    Pinjore kanungo circle in the Naraingarh tahsil.

    and thereupon, the said

    territories shall cease to form

    part of the State of Bombay, and

    the residuary State of Bombay

    shall be know as the State of

    Mahasrashtra.

    (2) The villages in Umbergaon

    taluka specified in Part I of the

    First Schedule shall form a

    separate taluka of the same name

    and taluka shall be included in

    Surat district, and the remaining

    villages in the said taluka shall

    be included in, and form part of,

    Kahenu taluka of Thana district;

    and the villages specified inParts II and III of the First

    Schedule shall respectively be

    included in, and form part of,

    Songadh taluka of Surat district

    and Sagbara taluka of Broach

    district.

    4. Formation of Union territory of

    Chandigarh.

    On and from the appointed day, there shall be

    formed a new Union territory to be known as the

    Union territory of Chandigarh comprising such

    of the territories of Manimajra and Manauli

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    kanungo circles of Kharar tahsil of Ambala

    district in the existing State of Punjab as are

    specified in the Second Schedule and thereupon

    the territories so specified shall cease to form

    part of the existing State of Punjab.

    5. Transfer of territory from Punjab to

    Himachal Pradesh.

    (1) On and from the appointed day, there shall

    be added to the Union territory of Himachal

    Pradesh the territories in the existing State of

    Punjab comprised in--

    (a) Simla, Kangra, Kulu and Lahaul and Spiti

    districts;

    (b) Nalagarh tahsil of Ambala district;

    (c) Lohara, Amb and Una kanungo circles of

    Una tahsil of Hoshiarpur district;

    (d) the territories in Santokhgarh kanungo circleof Una tahsil of Hoshiarpur district specified in

    Part I of the Third Schedule;

    (e) the territories Una tahsil of Hoshiarpur

    district specified in Part II of the Third

    Schedule; and

    (f) the territories of Dhar Kalan kanungo circle

    of Pathankot tahsil of Gurdaspur district

    specified in Part III of the Third Schedule, and

    thereupon the said territories shall cease to form

    part of the existing State of Punjab.(2) The territories referred to in clause (b) of

    sub- section (1) shall be included in, and form

    part of, Simla district.

    (3) The territories referred to in clauses (c), (d)

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    and (e) of sub- section (1) shall be included in,

    and form part of, Kangra district, and

    (i) the territories referred to in clauses (c) and

    (d) shall form a separate tahsil known as Una

    tahsil in that district and in that tahsil the

    territories referred to in clause (d) shall form a

    separate kanungo circle known as the

    Santokhgarh kanungo circle; and

    (ii) the territories referred to in clause (e) shall

    form part of the Hamirpur tahsil in the said

    district.

    (4) The territories referred to in clause (f) of

    sub- section (1) shall be included in, and form

    part of, the Bhattiyat tahsil of Chamba district in

    the Union territory of Himachal Pradesh and in

    that tahsil, the villages Dalhousie and Balun

    shall be included in, and form part of, Banikhet

    kanungo circle and the village Bakloh shall formpart of Chowari kanungo circle.

    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 insection 3.

    6. State of Punjab and territorial divisions

    thereof.

    (1) On and from the appointed day, the State of

    Punjab shall comprise the territories of the

    existing State of Punjab other than those

    specified in sub- section (1) of section 3, section

    4 and sub- section (1) of section 5.(2) The territories which immediately before the

    appointed day were part of Ambala district in

    the existing State of Punjab but are not

    transferred by virtue of sections 3, 4 and 5, shall,

    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.

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    together with the territories which immediately

    before that day were part of the Una tahsil of

    Hoshiarpur district in the existing State of

    Punjab but are not transferred by virtue of

    section 5, form a separate district known as the

    Rupar district in the State of Punjab and in that

    district--

    (i) the territories which immediately before the

    appointed day were part of Manimajra kanungo

    circle of Kharar tahsil of Ambala district but are

    not transferred by virtue of sections 3 and 4,

    shall form in that tahsil a separate kanungo

    circle called the Mullanpur kanungo circle;

    (ii) the territories which immediately before the

    appointed day were part of Una tahsil of

    Hoshiarpur district but are not transferred by

    virtue of section 5, shall form a separate tahsil

    known as Anandpur Sahib tahsil, and in thattahsil,

    the territories which immediately before the

    appointed day were part of Santokhgarh

    kanungo circle of Una tahsil of Hoshiarpur

    district but are not transferred by virtue of

    section 5, shall be included in, and form part of

    Nurpur Bedi kanungo circle.

    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",-

    7. Amendment of the First Schedule to the

    Constitution.

    On and from the appointed day, in the First

    Schedule to the Constitution,--

    (a) under the heading" I. THE STATES",--

    (i) in the paragraph relating to the territories of

    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",-

    4.Amendment of the first

    Schedule to the Constitution.-

    As from the appointed day, in

    the First Schedule to the

    Constitution, under the heading

    ``1.THE STATES'',-

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    ``8 Maharashtra ...19'';

    (c) entries 8 to 18 shall be

    renumbered as entries 9 to 19

    respectively; and

    (d) for the figures ``221 the

    figures ``224'' shall be

    substituted.

    8. Allocation of sitting

    members.

    (1) On and from the appointed

    day, the sixteen sitting members

    of the Council of States

    representing the existing State ofMadhya Pradesh shall be deemed

    to have been elected to fill the

    seats allotted to the States 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.

    10. Allocation of sitting members.

    (1) On and from the appointed day, the eleven

    sitting members of the Council of States

    representing the existing State of Punjab shall be

    deemed to have been elected to fill the seats

    allotted to the States of Haryana and Punjab andthe Union territory of Himachal Pradesh, as

    specified in the Fourth Schedule.

    (2) The term of office of such sitting members

    shall remain unaltered.

    8. Allocation of sitting

    members.-

    (1) On and from the appointed

    day, the twenty- two sitting

    members of the Council of States

    representing the existing State of

    Bihar shall be deemed to havebeen elected to fill the seats

    allotted to the States of Bihar nd

    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

    7. Allocation of sitting

    members.

    (1) The twelve sitting members

    of the Council of States

    representing the State of

    Bombay, whose names are

    specified in Part I of the SecondSchedule, and such six of the

    nine sitting members elected to

    represent that State at the

    biennial elections held for the

    purpose of filling the vacancies

    existing on the 3rd day of April,

    1961, as the Chairman of the

    Council of States shall be order

    specify shall, as from the

    appointed day, be de deemed tohave been duly elected to fill

    eighteen of the nineteen seats

    allotted to the State of

    Maharashtra.

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    (2) The five sitting members of

    the Council of States

    representing the State of

    Bombay, whose names are

    specified in Part II of the Second

    Schedule, and the remaining

    three of the nine members

    elected at the said biennial

    elections shall, as from the

    appointed day, be deemed to

    have been duly elected to fill

    eight of the eleven seats allotted

    to the State of Gujarat.

    11. Filling up of vacancies.

    (1) As soon as may be after the appointed day,bye- elections shall be held to fill the vacancies

    existing on the appointed day in the seats

    allotted to the State of Haryana.

    (2) The term of office of such one of the two

    members so elected as the Chairman of the

    Council of States may determine by drawing lot,

    shall expire on the 2nd day of April, 1968 , and

    the term of office of the other member shall

    expire on the 2nd day of April, 1972 . The

    House of the People

    8.Bye-elections to fillvacancies.-

    As soon as may be after the

    appointed day, bye-elections

    shall be held to fill the additional

    seats allotted to the States of

    Maharashtra and Gujarat as well

    as the existing casual vacancy in

    the seats allotted to the State of

    Gujarat.

    9.Term of office

    (1) The term of office of the

    sitting members and of the

    member chosen to fill the casual

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    vacancy shall remain unaltered.

    (2) The term of office of the

    member elected to fill the one

    additional seat allotted to the

    State of Maharashtra shall expire

    on the 2nd day of April, 1966.

    (3) Out of the two members

    elected to fill the two additional

    seats allotted to the State of

    Gujarat, the term of office of that

    member who, at the counting of

    votes, is last declared elected, or

    if an equality of votes is found to

    exist, the term of office of such

    one of them as the returning

    office shall decide by lot, shall

    expire on the 2nd day of April,

    1964, and the term of office of

    the other member shall expire on

    the 2nd day of April, 1966.

    11. Provision as to sitting

    members.-

    (1) Every sitting member of the

    House of the People representinga constituency which, on the

    appointed day by virtue of the

    provisions of section 10, stands

    allotted, with or without alteration

    12. Provision as to existing House

    Nothing in Part II shall be deemed to affect the

    constitution or duration of the existing House of

    the People or the extent of the constituency ofany sitting member of that House.

    11. Provision as to sitting

    members.-

    (1) Every sitting member of the

    House of the People representinga constituency which, on the

    appointed day by virtue of the

    provisions of section 10, stands

    allotted, with or without

    12.Provision as to sitting

    members

    Every sitting member of the

    House of the People representinga constituency which, on the

    appointed day, by virtue of the

    provisions of section 11, stands

    allotted, with or without

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    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 egislative Assembly of

    Madhya Pradesh under thatarticle.

    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 Legislat ve

    Assembly of Jharkhand underthat article.

    the Legislative Assembly of

    Maharashtra 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

    the State of Madhya Pradesh and

    the State of Chhattisgarh be

    deemed to have commenced on

    the date on hich it actually

    commenced in the case of

    Legislative Assembly of the

    existing State of Madhya Pradesh.

    16. Duration of Legislative Assemblies of

    Haryana.

    The period of five years referred to in clause

    (1) of article 172 shall, in the case of the

    Legislative Assembly of Haryana, be deemed to

    have commenced on the date on which it actually

    commenced in the case of the Legislative

    Assembly of Punjab.

    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

    the State of Bihar or Jharkhand

    be deemed to have commenced

    on the date on which it actually

    commenced in the case of

    Legislative Assembly of the

    existing State of Bihar.

    16.Duration of Legislative

    Assemblies

    The period of five years referred

    to in clause (1) of article 172 of

    the constitution shall, in the case

    of the Legislative Assembly of

    Maharashtra or Gujarat, be

    deemed to have commenced on

    the date on which it actually

    commenced in the case of the

    Legislative Assembly of

    Bombay.

    17. Duration of Legislative Assembly of

    Punjab and Himachal Pradesh.The changes in the composition of the

    Legislative Assemblies of Punjab and Himachal

    Pradesh shall not affect the duration of either of

    those Assemblies.

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    (2) For the purpose of giving

    effect to the provisions of sub-

    section (1), 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 of theState in the Legislative

    Assembly, having regard to the

    relevant provisions of the

    Constitution;

    (b) the assembly constituencies

    into which the State shall be

    divided, the extent of, and the

    number of seats to be allotted to,

    each such constituency, and the

    number of seats, if any, to be

    reserved for the scheduled castes

    or the scheduled tribes of the

    State in each such constituency;

    and

    (c) the adjustments in the

    boundaries and description of the

    extent of the parliamentaryconstituencies in the State that

    may be necessary or expedient.

    (3) In determining the matters

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    referred to in clauses (b) and (c)

    of sub-section (20, the Election

    Commission shall have regard to

    the provisions contained in

    clauses (a) to (e) of sub-section

    (2) of section 8 of the

    Delimitation Commission Act,

    1952 (81 of 1952).

    (4) For the purpose of assisting

    the Election Commission in the

    performance of its functions

    under sub-section (2), the

    Commission shall associate with

    itself such five persons as the

    Central Government shall be

    order specify, being persons who

    are members either of the

    Legislative Assembly of the

    State or of the House of the

    People representing the State;

    Provided that none of the said

    associate members shall have a

    right to vote or to sign any

    decision of the Election

    Commission.

    (5) The Election Commission

    shall-

    (a) Publish its proposals in

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    regard to matters mentioned in

    sub-section (2) in the Official

    Gazette of the State together

    with a notice specifying the date

    on or after which the proposals

    will be further considered by it;

    (b) consider all objections and

    suggestions which may havebeen received by it before the

    date so specified and for the

    purpose of such consideration,

    hold one or more public sitting at

    such place or places as it thinks

    fit;

    (c) make an order revising to

    such extent as may be necessary

    or expedient the schedules to theDelimitation of Parliamentary

    and Assembly Constituencies

    Order, 1956, in so far as they

    relate to the State; and

    (d) send authenticated copies of

    the order to the Central

    Government and to the State

    Government.

    (6) As soon as may be after the

    said order is received by the

    Central Government or the State

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    Government, it shall be laid

    before the House of the People

    or, as the case may be, the

    Legislative Assembly of the

    State.

    (7) An order made by the

    Election Commission under this

    section shall have the full forceof law and shall not be called in

    question in any court.

    The Legislative Council

    20.Amendment of article 168

    of the Constitution.

    As from the appointed day, in

    article 168 of the Constitution, in

    sub-clause (a) of clause (1), the

    word ``Bombay'' shall be

    omitted, and after the word

    ``Madras'', the word

    ``Maharashtra'' shall be inserted.

    20. Legislative Council of Punjab.On and from the appointed day, there shall be

    forty seats in the Legislative Council of Punjab,

    and in the Third Schedule to the Representationof the People Act, 1950 (43 of 1950 ), for the

    existing entry 7, the following entry shall be

    substituted, namely:--" 7. Punjab. 40 14 3 3 14

    6".

    17. Legislative Council of

    Bihar.-

    On and from the day on whichall the members specified in the

    Third Schedule retire, there shall

    be seventy- five seats in the

    Legislative Council of Bihar,

    21.Legislative Council of

    Maharashtra.-- As from the appointed day,

    there shall be 78 seats in theLegislative Council of

    Maharashtra, and in the Third

    Schedule to the Representation

    of the People Act, 1950 (43 of

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    and in the Third Schedule to the

    Representation of the People

    Act, 1950 (42 of 1950 ), for the

    existing entry 2, the following

    entry shall be substituted,

    namely:-" 2. Bihar 75 24 6 6 27

    12".

    1950);-

    (a) the entry No.3 relating to

    Bombay shall be omitted and the

    existing entries 4 and 5 shall be

    renumbered as entries 3 and 4

    respectively;

    (b) after the entry relating toMadras, the following entry shall

    be inserted, namely;-

    ``Maharashtra 78 22 7 7 30 12''.

    21. Council Constituencies.

    On and from the appointed day, the Delimitation

    of Council Constituencies (Punjab) Order, 1951 ,

    shall stand amended as directed in the SixthSchedule.

    18. Council constituencies.-

    On and from the appointed day,

    the Delimitation of Council

    Constituencies (Bihar) Order,1951 shall stand amended as

    directed in the Fourth Schedule.

    22.Council constituencies

    As form the appointed day, the

    Delimitation of CouncilConstituencies (Bombay Order,

    1951 shall stand amended as

    directed in the Fifth Schedule.

    22. Provision as to certain sitting members.

    (1) On the appointed day, the sitting members of

    the Legislative Council of Punjab specified in the

    19. Provision as to sitting

    members.-

    Notwithstanding anything

    contained in section 17, all

    23.Provision as to certain

    sitting members

    (1) On the appointed day-

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    Seventh Schedule shall cease to be members of

    that Council.

    (2) On and from the appointed day, all sitting

    members of the Legislative Council of Punjab,

    other than those referred to in sub- section (1),

    shall continue to be members of that Council.

    (3) Any of the sitting members continuing as

    aforesaid, representing a council constituency the

    extent of which is altered by virtue of theprovisions of section 21 shall be deemed to have

    been elected to the Legislative Council of Punjab

    by that constituency as so altered.

    (4) Every sitting member of the said Council

    representing immediately before the appointed

    day any of the council constituencies specified in

    column (1) of the Table below shall be deemed

    to have been elected to the said Council by the

    council constituency specified against that

    constituency in column (2) of the said Table:--TABLE (1) (2) Punjab West Central Graduates

    Punjab Central Graduates. Punjab East Central

    Graduates Punjab South Graduates. Punjab West

    Central Teachers Punjab Central Teachers.

    Punjab East Central Teachers Punjab South

    Teachers. Patiala Local Authorities Patiala- cum-

    Rupar Local Authorities.

    (5) The term of office of the members referred to

    in sub- section (2) shall remain unaltered.

    (6) As soon as may be after the appointed day,

    elections shall be held to fill the vacancies

    existing on the appointed day in the seats

    allotted to the several council constituencies by

    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 thei present term of

    office.

    (a) the sitting members of the

    Legislative Council of Bombay

    specified in the Sixth Schedule

    shall cease to be members of that

    Council; and

    (b) all other sitting members of

    that Council shall become

    members of the LegislativeCouncil of Maharashtra and any

    such sitting member representing

    a council constituency the extent

    of which is altered by virtue of

    the provisions of section 22 shall

    be deemed to have been elected

    to the Legislative Council of

    Maharashtra by that constituency

    as so altered.

    (2) The term of office of the

    members referred to in clause (b)

    of sub-section (1) shall remain

    unaltered.

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    that section shall be published

    before the appoi8nted day for

    holding biennial elections to fill

    the seats of members of the

    Legislative Council of Bombay,

    retiring on the expiration of their

    term of office on the 24th day of

    April, 1960.

    (2) The term of office of the

    members of the said Council

    elected to fill the vacancies at the

    said biennial elections shall

    expire on the 24th day of April,

    1966.

    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 Chairman or

    Deputy Chairman, as the case

    may be, o and from that day of

    that Council.

    25.Chairman and Deputy

    Chairman.-

    (1) The person who immediatelybefore the appointed day is the

    Deputy Chairman of the

    Legislative Council of Bombay

    shall be the Deputy Chairman of

    the Legislative Council of

    Maharashtra.

    (2) As soon as may be after the

    completion of the biennial

    elections referred to in section

    24, the Legislative Council of

    Maharashtra shall choose one of

    its members to be the Chairman

    thereof.

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    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 FirstSchedule to he Representation of

    the People Act, 1950 (43 of 1950

    ) shall be deemed to be amended

    accordingly.

    23. Allocation of seats in the House of the

    People

    In the House of the People to be constituted after

    the commencement of this Act, there shall be

    allotted,--

    (a) nine seats to the State of Haryana of which

    two seats shall be reserved for the Scheduled

    Castes;(b) thirteen seats to the State of Punjab of which

    three seats shall be reserved for the Scheduled

    Castes;

    (c) six seats to the Union territory of Himachal

    Pradesh of which one seat shall be reserved for

    the Scheduled Castes; and

    (d) one seat to the Union territory of Chandigarh

    which shall form one Parliamentary

    Constituency.

    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 in the First Schedule

    to the Repres ntation of thePeople Act, 1950 (43 of 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 followingentry shall be inserted, namely:-

    '' 10. Jharkhand...... 14 1 5''.

    10.Representation in the

    House of the People

    As from the appointed day, there

    shall be allotted 44 seats to the

    State of Maharashtra, and 22

    seats to the State of Gujarat, in

    the House of the People, and in

    the First Schedule to theRepresentation of the People

    Act, 1950 (43 of 1950) -

    (a) for entry 4, the following

    entry shall be substituted,

    namely;-

    ``4 Gujarat 22'',

    (b) after entry 7, the followingentry shall be inserted, namely:-

    ``8 Maharashtra 44''; and

    (c) entries 8 to 22 shall be

    renumbered as entries 9 to 23

    respectively.

    24. Allocation of seats in the Legislative

    Assembly.

    (1) The total number of seats in the Legislative

    Assembly of Haryana to be constituted at any

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    time after the appointed day, to be filled by

    persons chosen by direct election from territorial

    constituencies, shall be eighty- one of which

    fifteen seats shall be reserved for the Scheduled

    Castes.

    (2) The total number of seats in the Legislative

    Assembly of Punjab to be constituted at any time

    after the appointed day, to be filled by persons

    chosen by direct election from territorial consti-tuencies, shall be one hundred and four of which

    twenty- three seats shall be reserved for the

    Scheduled Castes.

    (3) The total number of seats in the Legislative

    Assembly of Himachal Pradesh to be constituted

    at any time after the appointed day, to be filled

    by persons chosen by direct election from

    territorial constituencies, shall be sixty of which

    fourteen seats shall be reserved for the Scheduled

    Castes and three seats shall be reserved for theScheduled Tribes.

    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

    25. Delimitation of constituencies.

    (1) The Delimitation Commission shall, in the

    manner herein provided, distribute the seats in

    the House of the People allotted to Haryana,

    Punjab and Himachal Pradesh under section 23

    and the seats assigned to the Legislative

    Assembly of each of them under section 24 to

    single- member territorial constituencies and

    delimit them on the basis of the latest census

    figures, having regard to the provisions of the

    Constitution and to the following provisions,

    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

    11.Delimitation of

    Parliamentary Constituencies.-

    Delimitation of Parliamentary

    and Assembly constituencies

    Order, 1956, shall stand

    amended as directed inn the

    Third Schedule to this Act.

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    (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 theCommission may consider fit,

    ogether 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 sospecified; 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 Gazett; and upon such

    publication, the order or ordersshall have the full force of law

    and shall not be called in question

    in any court.

    (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 suchother manner as the Commission

    may consider fit, ogether 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 thedate so specified;

    (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

    Gazett; and upon suchpublication, the order or orders

    shall have the full force of law

    and shall not be called in

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    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 andScheduled Tribes

    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

    Provision as to sitting members

    26. Amendment of article 371 of the

    Constitution.

    On and from the appointed day, in article 371 of

    the Constitution, in clause 1, the words" or

    Punjab" shall be omitted.

    85.Amendment or article 371

    of the Constitution.-

    As from the appointed day, in

    article 371 of the Constitution, in

    clause (2)-

    (a) for the words ``the State of

    Bombay'', the words ``the State

    of Maharashtra or Gujarat'' shall

    be substituted; and

    (b) for the words ``the rest of

    Maharashtra'', the words ``and

    the rest of Maharashtra or, as the

    case may be,'' shall be

    substituted.

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    any other persons entitled to

    practise in the High Court of

    Madhya Pradesh nd 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 inrelation to those proceedings.

    advocate entitled to practice 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, inthe High Court of Jharkhand in

    relation to those proceedings.

    advocate entitled to practise, or

    an attorney entitled to act, in the

    High Court of Bombay and was

    authorised to appear or to act in

    any proceedings transferred from

    the High Court to the High Court

    of Gujarat under section 37, shall

    have the right to appear or to act,

    as the case may be, in the HighCourt of Gujarat in relation to

    those proceedings.

    41. Permanent Bench of

    Bombay High Court at

    Nagpur.

    Without prejudice to the

    provisions of section 51 of the

    States Reorganisation Act, 1956

    (37 of 1956.), such Judges of theHigh Court at Bombay, being

    not less than three in number, as

    the Chief Justice may from time

    to time nominate, shall sit at

    Nagpur in order to exercise the

    jurisdiction and power for the

    time being vested in that High

    Court in respect of cases arising

    in the districts of Buldana, Akola

    Amravati, Yeotmal, Wardha,Nagpur, Bhandara, Chanda and

    Rajura;

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    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.

    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.

    72.Special provision for BarCouncil of Gujarat.-(1) In the Indian Bar Councils

    Act, 1926 ((38 of 1926),-

    (a) in section 4,-

    (i) to sub-section (2), the

    following Explanation shall be

    added, namely:-

    ``Explanation.- For the purpose

    of election to the Bar Council for

    the High Court of Gujarat, the

    period of ten years aforesaid

    shall be computed after taking

    into account the period for which

    the person concerned was

    entitled as of right to practise in

    the High Court of Bombay or of

    Saurashtra or in the JudicialCommissioner's Court of Kutch

    before the 1st day of May,

    1960.'';

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    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 of 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 anyLegislature or other authority

    having power to make such

    provision.

    41. Savings.

    Nothing in this Part shall affect the application to

    the common High Court 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.

    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 th t High Court by anyLegislature or other authority

    having power to make such

    provision.

    40.Savings

    Nothing in this Part shall affect

    the application to the High Court

    of Gujarat 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 anyLegislature or other authority

    having power to make such

    provision.

    AUTHORISATION OF EXPENDITURE AND DISTRIBUTION OF REVENUES

    34. Authorisation of

    expenditure of Chhattisgarh

    State.-

    The Governor of Madhya Pradesh

    may, at any time before theappointed day, authorise such

    expenditure from the

    Consolidated Fund of the State of

    42. Authorisation of expenditure of the State

    of Haryana

    The Governor of the existing State of Punjab

    may at any time, before the appointed day,authorise such expenditure from the

    Consolidated Fund of the State of Haryana as he

    deems necessary for any period not extending

    38. Authorisation of expenditure

    of Jharkhand State.- The

    Governor of Bihar may, at any

    time before the appointed day,

    authorise such expenditure fromthe Consolidated Fund of the

    State of Jharkhand as he deems

    necessary for any period not

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    excess of the amount granted f r

    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.

    (b) provide for any action to be taken on any

    matter arising out of the said reports.

    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 s rvice 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.

    in respect of any period prior to

    the appointed day during the

    financial year 1960-61 or in

    respect of any earlier financial

    year in excess of the amount

    granted for that service and for

    the 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.

    45. Allowances and privileges of Governor of

    Haryana.

    The allowances and privileges of the Governor of

    Haryana shall, until provision in that behalf is

    made by Parliament by law under clause (3) of

    article 158, be such as the President may, by

    order, determine.

    44.Allowances and privileges

    of Governor of Gujarat.

    The allowance and privileges of

    the Governor of Gujarat shall,

    until provision in that behalf is

    made by Parliament by law

    under clause (3) of article 158,

    be such as the President may, be

    order, determine.

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    Provided that any sum recovered

    after the appointed day in respect

    of any arrears of tax accruing

    during the period between the

    1st day of January, 1960, and the

    30th day of April, 1960, (both

    days inclusive) under the Central

    Sales Tax Act, 1956 (74 of

    1956), or the Bombay Sales TaxAct, 1959 (Form Act LI of

    1959.), shall, after deducting the

    cost of collection thereof, be

    divided between the States of

    Maharashtra and Gujarat

    according to the population ratio.

    Comets: Arrears of tax is as per

    the where the state is situated ,

    for those collection made in

    transition it is as per population

    ratio.

    41. Right to recover loans and

    advances.-

    (1) The right of the existing State

    of Madhya Pradesh to recover anyloans or advances made before the

    appointed day to any local body,

    society, agriculturist or other

    51. Right to recover loans and

    advances.

    (1) The right to recover any loans

    or advances made before the

    appointed day by the existing Stateof Punjab to any local body,

    society, agriculturist or other

    person in an area within that State

    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 withinthat State shall belong to th successor State in

    which that area is included on that day.

    (2) The right of the existing State of Bihar to

    50. Right to recover loans and

    advances.

    (1) The right of the State of

    Bombay to recover any loans oradvances made before the

    appointed day to any local body,

    society, agriculturist or other

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    save as otherwise expressly

    provided by or under this Act, be

    divided between the States of

    Madhya Pradesh and Chhatt sgarh

    in the same proportion in which

    the assets of the body corporate

    are divided under the provisions

    of this Part.

    advances to any such body

    corporate by the State of

    Bombay made before the

    appointed day shall, save as

    otherwise expressly provided by

    or under this Act, be divided

    between the States of

    Maharashtra and Gujarat in the

    same proportion in which the

    assets of the body corporate aredivided under the provisions of

    Part VII.

    Comment: This however talks

    of transfer of certain amounts for

    the creation of capital of Gujarat.

    The primary rule of thumb

    appears to be the population

    ratio. In case of entities whichhave local presence then they are

    assigned to the concerned

    succour state. Also the

    investments would travel to the

    State in which the principal seat

    of business of the undertaking is

    situated.

    Special Revenue Reserve Fund in Gujarat.-

    Comment: This is one area that could be

    explored with reference to Telangana.

    52.Special Revenue Reserve

    Fund in Gujarat.-

    (1) Out of the investments in the

    cash balance investment account

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    balance, if any, remaining in the

    fund:-

    TABLE

    Financial year Amount in lakhs

    of rupees.

    (1) (2)

    1962-63 6121963-64 585

    1964-65 561

    1965-66 526

    1966-67 433

    1967-68 340

    1968-69 209

    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 Cen ral,

    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

    53. Assets and liabilities of State

    undertakings.

    (1) The assets and liabilities

    relating to any commercial or

    industrial undertaking of the

    existing State of Punjab shall pass

    to the successor State in whose

    territories the undertaking is

    located.

    (2) Where a depreciation reserve

    fund is maintained by the existing

    State of Punjab for any commercial

    or industrial undertaking, the

    47. Assets and liabilities of State

    undertakings.

    (1) The assets and liabilities relating to anycommercial 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 existing 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.

    53.Assets and liabilities of

    State undertakings

    (1) The assets and liabilities

    relating to any commercial or

    industrial undertaking of the

    State of Bombay shall pass to the

    State in which the undertaking is

    located.

    (2) Where a depreciation

    reserved fund is maintained by

    the State of Bombay for any

    such commercial or industrial

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    by the existing State of Madhya

    Pradesh for such undertaking, the

    securities held in respect of

    investment made from that fund

    sh ll 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 securitiesshall be divided in such manner as

    may be agreed upon between the

    successor States within a period

    of two years from the a pointed

    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 CentralGovernment 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 succ ssor 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

    securities held in respect of

    investments made from that fund

    shall pass to the successor State in

    whose territories the undertaking is

    located.

    (3) Where any such undertaking is

    located in more than one successor

    State, the assets and liabilities and

    the securities referred to in sub-

    sections (1) and (2) respectivelyshall be divided in such manner as

    may be agreed upon between the

    successor States before the 1st day

    of November, 1967 , or in default

    of such agreement, as the Central

    Government may by order direct.

    undertaking, the securities held

    in respect of investments made

    from that fund shall pass to the

    State in which the undertaking is

    located.

    Comment : The assets and

    liabilities to pass where the

    undertaking is located . When

    the said undertaking is present in

    more than one successor statethe said division is as agreed

    between the successor sates or as

    directed by the Central

    Government.

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    69

    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 (18 of 1944 ).

    excluded and the expenditure on

    other assets for which capital

    accounts have been kept shall be

    taken into account. Explanation.--

    Where any expenditure on capital

    works or other capital outlays

    cannot be allocated between the

    territories included in the successor

    States, such expenditure shall, for

    the purposes of this sub- section, bedeemed to have been incurred in

    those territories according to the

    population ratio.

    (5) Where a sinking fund or

    depreciation fund is maintained by

    the existing State of Punjab for

    repayment of any loan referred to

    in sub- section (3), the securities

    held in respect of the investments

    made from that fund shall bedivided between the successor

    States in the same proportion and

    in the same manner as the public

    debt referred to in sub- section (3).

    (6) Where a sinking fund or

    depreciation fund is maintained by

    the existing State of Punjab for the

    repayment of any loan raised by it

    other than a loan referred to in sub-

    section (3), the securities held inrespect of the investments made

    from that fund shall be divided

    respectively in each of those

    States.

    Provided that for the purposes of

    such division, only the

    expenditure on assets for which

    capital accounts have been kept

    shall be taken into account.

    Explanation.- Where anyexpenditure on capital works or

    other capital outlays cannot be

    allocated between the territories

    included in the States of

    Maharashtra and Gujarat, such

    expenditure shall, for the

    purposes of this sub-section, be

    deemed to have been incurred in

    those territories according to the

    population ratio.

    (4) Where a sinking fund or a

    depreciation fund is maintained

    by the State of Bombay for

    repayment of any lone raised by

    it, the securities held in respect

    of investments made from that

    fund shall be divided between

    the States of Maharashtra and

    Gujarat in the same proportion inwhich the total public debt is

    divided between the two States

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    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 isincluded.

    liability of the successor State in

    whose territories the property is

    situated, and the liability of the

    existing State of Punjab 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.

    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.

    revenue, collected in excess shall

    be the liability of the State in

    which the property is situated,

    and the liability of the State of

    Bombay to refund any other tax

    or duty collected in excess shall

    be the liability of the State in

    whose territories the place of

    assessment of that tax or duty is

    included:

    Provided that the liability to

    refund any amount after the

    appointed day on account of any

    excess collected in respect of

    any tax accruing during the

    period between the 1st day of

    January, 1960, and the 30th day

    of April, 1960 (both days

    inclusive) under the CentralSales Tax Act, 1956 (74 of

    1956) or the Bombay ales Tax

    Act, 1959 (Bom.Act L1 of

    1959.),shall be shared between

    the two States of Maharashtra

    and Gujarat according to the

    population ratio.

    Comment : This is again as per

    the location of the property as far

    as refund is concerned . When itcomes to the transition period it

    is as per population ratio.

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    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.

    provident fund account of a

    Government servant in service on

    the appointed day shall, on and

    from that day, be the liability of the

    successor State to which that

    Government servant is permanently

    allotted.

    (2) The liability of the existing

    State of Punjab in respect of the

    provident fund account of aGovernment servant who has

    retired from service before the

    appointed day shall be the liability

    of the State of Punjab in the first

    instance and shall be adjusted

    between the successor States

    according to the population ratio.

    appointed day shall, as from that day, be the

    liability of the State to which that Government

    servant is p rmanently allotted.

    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.

    Comment : Liability to be that of

    the Government of State to

    which the public servant was

    permanently allotted. If publicservant retired before the

    appointed date then it shall be

    primarily of the parent state and

    subsequently adjusted as per

    population ratio.

    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.

    58. Pensions.

    The liability of the existing State of

    Punjab in respect of pensions shall

    pass to, or be apportioned between,

    the successor States in accordance

    with the provisions contained in the

    Fourteenth Schedule.

    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 Eight Schedule to this Act.

    .

    59.Pensions.

    The liability of the State of

    Bombay in respect of pensions

    shall pass to, or be apportioned

    between, the State of

    Maharashtra and Gujarat in

    accordance with the provisions

    contained in the Eleventh

    Schedule.

    Comment : This is apportioned

    as per the respective schedulesappended to the Act

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    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.

    Comment : Contracts made bystate to remain in force and to

    be continued by the successor

    States. Correspondingly the

    rights and liabilities also stand

    transferred. Ans corresponding

    financial agreement may be

    entred between the parties and

    in the absence of any such

    agreement the successor states

    are bound by the directions ofthe central government on the

    same .

    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 thanbreach of contract, that liability

    shall,-

    60. Liability in respect of

    actionable wrong.

    Where, immediately before the

    appointed day, the existing State of

    Punjab is subject to any liability in

    respect of an actionable wrong

    other than breach of contract, thatliability shall,--

    (a) if the cause of action arose

    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 withinthe territories which, as from that day, are the

    territories of either of the successor States of

    61.Liability in respect of

    actionable wrong.-

    Where, immediately before the

    appointed day, the State of

    Bombay is subject to any

    liability in respect of any

    actionable wrong other thanbreach of contract, that liability

    shall,-

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    from time to time be issued by theCentral Government, after

    the Central Government, until otherprovisions is made by law in

    direction that any law by which the said bodycorporate is governed shall, in its application

    the Central Government, untilother provision is made by law

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    ,

    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 adirection that any law by which

    the said body corporate is

    governed shall, in its application

    to that body corporate, have eff ct

    subject to such exceptions and

    modifications as may be specified

    in the direction.

    p y

    respect of the said body corporate.

    (2) Any direction issued by the

    Central Government under sub-

    section (1) in respect of any such

    body corporate may 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 tosuch exceptions and modifications

    as may be specified in the

    direction. (3) For the removal of

    doubt it is hereby declared that the

    provisions of this section shall

    apply also to the Punjab University

    constituted under the Punjab

    University Act, 1947 (East Punjab

    Act 7 of 1947 ), the Punjab

    Agricultural University Act, 1961

    (Punjab Act 32 of 1961 ), and the

    Board constituted under the

    provisions of Part III of the Sikh

    Gurdwaras Act, 1925 (Punjab Act

    8 of 1925 ).

    (4) For the purpose of giving effect

    to the provisions of this section in

    so far as it relates to the Punjab

    University and the PunjabAgricultural University referred to

    in sub- section (3) the successor

    p g , pp

    to that body corporate, have eff ct subject to

    such exceptions and modifications as may be

    specified in the direction.

    p y

    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 isgoverned shall, in its application

    to that body corporate, have

    effect subject to such exceptions

    and modifications as may be

    specified in the direction.

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    relation to such extension or furtherdevelopment.

    (3) The rights and liabilities

    referred to in sub- sections (1) and

    generated as a result of the projects, but shallnot include the rights and liabilities under any

    contract entered into before the appointed day

    by the Government of the existing State of

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    ( )

    (2) shall include--

    (a) the rights to receive and to

    utilise the water available for

    distribution as a result of the

    projects, and

    (b) the rights to receive and to

    utilise the power generated as aresult 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

    Punjab with any person or

    authority other than Government.

    (4) In this section and in sections

    79 and 80,--

    (A) " Beas Project" means theworks which are either under

    construction or are to be

    constructed as components of the

    Beas- Sutlej Link Project (Unit I)

    and Pong Dam Project on the Beas

    river (Unit II) including--

    (i) Beas- Sutlej Link Project (Unit

    I) comprising--

    (a) Pandoh Dam and works

    appurtenant thereto,(b) Pandoh- Baggi Tunnel,

    y g

    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 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

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    (f) Sub- stations at Ganguwal,

    Ambala, Panipat, Delhi, Ludhiana,

    Sangrur and Hissar and the main

    220 KV transmission lines

    i h id b i

    shall continue to be so empl yed under the

    Board in connection with the said works on

    the same terms and conditions of the service as

    were applicable to him before such

    i i il h C l G b

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    connecting the said sub- stations

    with the power stations specified in

    clauses (d) and (e); and

    (g) such other works as the Central

    Government may, by notification

    in the Official Gazette, specify.

    (2) The Bhakra Management Boardshall 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

    Governments of the States of

    Punjab, Haryana and Rajasthan and

    the Union territory of Himachal

    Pradesh to be nominated by therespective Governments or

    Administrator, as the case may be;

    (c) two representatives of the

    Central Government to be

    nominated by that Government.

    (3) The functions of the Bhakra

    Management Board shall include--

    (a) the regulation of the supply of

    water from the Bhakra- Nangal

    Project to the States of Haryana,Punjab and Rajasthan having

    constitution until the Central Government by

    order, directs otherwise: Provided further that

    the said Board may at any time in consultation

    with the State Governments or the Electricity

    Board concerned and with prior approval of

    the Central Government retain any such

    person for service under that StateGovernment 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 Governmentmay 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 anyofficer subordinate to the Board.

    Annexure I- Understanding State Reorganisation Legislations in the Context of Statehood for Telangana. Adithya Krishna Chintapanti

    regard to--

    (i) any agreement entered into or

    arrangement made between the

    Governments of the existing State

    f P j b d th St t f

    (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

    th it d th St t G t th

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    of Punjab and the State of

    Rajasthan, and

    (ii) the agreement or the order

    referred to in sub- section (1) of

    section 78;

    (b) the regulation of the supply of

    power generated at the powerhouses referred to in sub- section

    (1) 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 between the

    Governments of the existing State

    of Punjab and the State of

    Rajasthan,(ii) the agreement or the order

    referred to in sub- section (1) of

    section 78; and

    (iii) any agreement entered into or

    arrangement made by the existing

    State of Punjab or the Punjab

    Electricity Board or the State of

    Rajasthan or the Rajasthan

    Electricity Board with any other

    Electricity Board or authority incharge of distribution of power

    authority, and the State Governments, or the

    other authority shall comply with such

    directions.

    81. Jurisdiction of the Board.-

    (1) The Board shall, ordinarily exercisejurisdiction in regard to any of the projects

    referred to in sub- section (1) of section 78

    over headwork (barrages, dams, reservoir,

    regulating construction), part of canal network

    a d 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 fordecision 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 meetingsof the Board and the procedure to be followed

    Annexure I- Understanding State Reorganisation Legislations in the Context of Statehood for Telangana. Adithya Krishna Chintapanti

    before the appointed day in relation

    to the supply of power generated at

    the power houses specified in sub-

    section (1);

    (c) the construction of such of the

    for the transaction of business at such

    meetings;

    (b) delegation of powers and duties to the

    Chairman or any officer of the Board;

    (c) the appointment and regulation of the

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    (c) the construction of such of the

    remaining works connected with

    the Right Bank Power House as the

    Central Government may specify;

    (d) such other functions as the

    Central Government may, after

    consultation with the Governmentsof the States of Haryana, Punjab

    and Rajasthan, entrust to it.

    (4) The Bhakra Management 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 operator of the

    works in sub- section (1) 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 thesaid Board may at any time in

    (c) the appointment and regulation of the

    conditions of service of the officers and other

    staff of the Board; and

    (d) any other matter for which regulations are

    considered necessary by the Board. PART

    Annexure I- Understanding State Reorganisation Legislations in the Context of Statehood for Telangana. Adithya Krishna Chintapanti

    consultation with State

    Government or the Electricity

    Board concerned and with the

    previous approval of the Central

    Government return any such person

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    Government return any such person

    for service under that Government

    or Board.

    (5) The Governments of the

    successor States and of Rajasthan

    shall at all times provide the

    necessary funds to the BhakraManagement 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

    successor States, the State of

    Rajasthan and Electricity Boards of

    the said States in such proportion

    as the Central Government may,having regard to the benefits to

    each of the said States or Boards,

    specify.

    (6) The Bhakra Management 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.

    (7) The Bhakra Management Boardmay with the approval of the

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    Annexure I- Understanding State Reorganisation Legislations in the Context of Statehood for Telangana. Adithya Krishna Chintapanti

    authority, on and from the

    appointed day, from passing inrelation to such person any order

    affecting the continuance in such

    post or office.

    authority on or after the appointed

    day from passing in relation to suchperson any order a