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AP Reorganization Act 1956

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0% found this document useful (0 votes)
36 views74 pages

AP Reorganization Act 1956

AP reorganization act english
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 74

THE STATES REORGANISATION ACT, 1956

No. 37 05 1956

ARRANGEMENT OF SECTION

SECTIONS
PART I

PRELIMINARY

1. Short title.
2. Definitions.
PART II

TERRITORIAL CHANGES AND FORMATION OF NEW STATES

3. Transfer of territory from Hyderabad to Andhra and


alteration of name.
4. Transfer of territory from Travancore-Cochin to Madras.
5. Formation of Kerala State.
6. Laccadive, Minicoy and Amindivi Islands.
7. Formation of a new Mysore State.
8. Formation of a new Bombay State.
9. Formation of a new Madhya Pradesh State.
to. Formation of a new Rajasthan State.
11. Formation of a new Punjab State.
12. Amendment of the First Schedule to the Constitution.
13. Saving powers of State S overnments.

P T III

ZONES AND ZONAL COUNCILS

14. Definitions.
15. Establishment of Zo al Councils.
16. Composition of the Councils.
17. Meetings of the Councils.

54 8 M of Law
ii States Reorganisation [ACT 37
SECTIONS
18. Power to appoint Committees.
19. Staff of the Council.
20. Office of the Council.
21. Functions of the Councils.
22. Joint meetings of Zonal Councils.

PART IV

REPRESENTATION IN THE LEGISLATURES

The Council of States

23. Amendment of the Fourth Schedule to the Constitutors,


24. Allocation of sitting members in the Council of States.
25. Bye-elections to fill vacancies.
26. Term of office of members.

The House of the People

27. Provision as to existing House.


28. Changes in composition and allocation of sitting members._
29. Special provision for elections to the Andhra PradeshLegislative
Assembly.
30. Duration of Legislative Assemblies.
31. Speakers and Deputy Speakers.
32. Rules of procedure.

The Legislative Councils

33. Madhya Pradesh Legislative Council.


34. Bombay Legislative Council.
35. Madras Legislative Council.
36. Mysore Legislative Council.
37. Punjab Legislative Council.
38. Chairman and Deputy Chairman.
39. Rules of procedure.
iii
OF 1956] States Reorganisation
SECTIONS Delimitation of Constituencies
40. Allocation of seats in the House of the People and assign-
ment of seats to State Legislative Assemblies.
41. Modification of the Scheduled Castes and Scheduled Tribes
Orders.
42. Determination of population of Scheduled Castes and Scheduled
Tribes.
43. Constitution of Delimitation Commission.
44. Duties of the Commission.
45. Associate members.
46. Casual vacancies.
47. Procedure as to delimitation.
48. Special provision as to certain elections.

PART V
HIGH COURTS

49. High Courts for the new States.


50. Abolition of certain courts.
51. Principal seat and other places of sitting of Hign Courts
for new States.
52. Jurisdiction of High Courts for new States.
53. Power to enrol advocates, etc.
54. Practice and procedure.
55. Custody of seal of the High Court.
56. Form of writs and other processes.
57. Powers of judges.
58. Procedure as to appeals to the Supreme Court.
59. Transfer of proceedings to Bombay High Court.
BO. Extension of jurisdiction of, and transfer of, proceedings
to, Kerala High Cour t.
to Madhya Pradesh High Court
61. Transfer of proceedings
to Mysore High Court.
62. Transfer of proceedings
to Punjab High Court..
63. Transfer of proceedings
to Rajasthan High Court.
64. Transfer of proceedings
66. High Court of Andhra Pradesh.
67. High Court for the areas added to Madras.
iv , States Reorganisatieu [ACT 37
SECTIONS
67. Right to appear or act in proceedings transferred to other High
Courts.
68. Interpretation.
69. Savings.

PART VI
AUTHORISATIONOFEXPENDITURE
70. Authorisation of expenditure of new States.
71. Appropriation of moneys for expenditure in transferred
territories under existing Appropriation Acts.
72. Reports relating to the accounts of certain States.
73. Allowances and priveleges of Governors of certain States.
74, Distribution of revenues.
PART VII
APPORTIONMENT OF ASSETS AND LIABILITIES OF CERTAIN
PART A AND PART B STATES
PART B STATES
75. Application of Part.
76. Lands and goods.
77. Treasury and bank balances.
78. Arrears of taxes.
79. Right to recover loans and advances.
80. Credits in certain funds.
81. Assets and liabilities of State undertakings.
82. Public debt.
83. Refund of taxes collected in excess.
84. Deposits
85. Provident funds.
86. Pensions.
87. Contracts.
88. Liability in respect of actionable wrong.
89. Liability as guarantor of co-operative society.
90. Items in suspense.
91. Residuary provisions.
DE' 1956] bctate,s .fle,orgronvivortiien

SECTIONS
92. Pow er of the Cen tra l Gov ern me n t to ord er a lloc a tion or
a d j u s t me n t in c er ta in c as e s,
93. Certain expenditure to be charged on the Consolidated
Fund.
PART VIII
APPORTIONMENT OF CERTAIN ASSETS AND LIABILITIES OF THE UNION
94. Definitions.
95. Passing of certain assets and liabilities of the Union to successor
States.
96. Arrears of taxes.
97. Loans and advances.
98. Debts due to Central Government.
99. Provident Fund.
100. Pensions.
101. Contracts.

PART IX
PROVISIONS AS TO CERTAIN CORPORATIONS AND INTER-STATE AGREEMENTS
AND ARRANGEMENTS
102. Provision as to certain State Financial Corporations.
103. Provisions as to the Madras Industrial Investment Cor-
poration.
104. Amendment of Act 2 of 1934.
105. Amendment of Act 6 of 1942.
106. Provisions as to certain State Electricity Boards and ap-
portionment of their assets and liabilities.
107. Continuance of arrangements in regard to generation and
supply of electric power and supply of water.
108. Continuance of agreements and arrangements relating to
certain irrigation, power or multi-purpose projects.
109. General provision as to statutory corporations.
110. Temporary provisions as to the continuance of certain
existing road transport permits.
111. Special provision relating to retrenchment compensation in certain
cases.
112. Provision as to the Devaswom Surplus Fund of Travancore.
113. Continuance of facilities in certain State institutions.
545 M of Law
vi Reortgankatiou (ACT aw
SECTIONS
PART X
PROVISIONS AS TO SERVICES
114. Provisions relating to All-India Services.
115. Provisions relating to other services.
116. Provisions as to continuance of officers in the same posts.
117. Power of Central Government to give directions.
118. Provisions as to State Public Service Commissions.

PART XI
LEGAL Am IVIISCELLANEOT/S PROVISIONS
119. Territorial extent of laws.
120. Power to adapt laws.
121. Power to construe laws.
122. Power to name authorities, etc., for exercising statutory
functions.
123. Legal proceedings
124. Right of pleaders to practise in certain courts.
125. Provisions as to certain pending proceedings.
126. Declaration of certain ancient monuments, etc., in Part C
States to be of national importance.
127. Effect of the provisions of the Act inconsistent with other
laws.
128. Power to remove difficulties.
129. Power to make rules.
130. Repeal of Act 49 of 1951.

SCHEDULES-

THEFIRSTSCHEDULE
THESECONDSCHEDULE
THETHIRDSCHEDULE
THEFOURTHSCHEDULE
THEFIFTHSCHEDULE
THESIXTHSCHEDULE

thift
THE STATES REORGANISATION ACT, 1956
No. 37 OF 1956

'11 , 194 3 1 13

[31st August, 1956]

An Act to provide for the reorganisation of the States of


India and for matters connected therewith.
BE it enacted by Parliament in the Seventh Year of the Republic of
India as follows:—

PART I

PRELIMINARY

1. This Act may be called the States Reorganisation Act, 1956, Short title.

2, In this Act, unless the context otherwise requires,— Dcfinitions

(a) "appointed day" means the 1st day of November, 1956;

(b) "article" means an article of the Constitution;

(c) "assembly constituency", "council constituency" and


"parliamentary constituency" have the same meanings as in the
43 of 1950. Representation of the People Act, 1950;
(d) "corresponding new State" means, in relation to the
existing State of Bombay, Madhya Pradesh, Mysore, Punjab or
Rajasthan, the new State with the same name, and in relation
to the existing State of Travancore-Cochin, the new State of
Kerala;
543 M of Law
States Reorganisation [ACT 37
(e) "corresponding State" means, in relation to the new
State of Bombay, Madhya Pradesh, Mysore, Punjab or
Rajasthan, the existing State with the same name, and in rela-
tion to the new State of Kerala, the existing State of Travan-
core-Cochin;
(f) "Election Commission" means the Election Commission
appointed by the President under article 324;
(g) "existing State" ;means a State specified in the First
Schedule to the Constitution at the commencement of this Act;
(h) "law" includes any enactment, ordinance, regulation,
order, bye-law, rule, scheme, notification or other instrument
having the force of law in the whole or in any part of the
territory of India;
(0 "new State" means a ParteA State formed by the provisions of
Part II;
(j) "notified order" means an order published in the Official
Gazette;
(lc) "population ratio", in relation to the successor States of
an existing State, means such ratio as the Central Government
may by notified order specify to be the ratio in which the
population of that existing State as ascertained at the last census
is distributed territorially among the several successor States by
virtue of the provisions of Part II;
(I) "prescribed" means prescribed by rules made under
this Act;
(m) "principal successor State" means—
(i) in relation to the existing State of Bombay, Madhya
Pradesh, Madras or Rajasthan, the State with the same
name; and
(ii) in relation to the existing States of Hyderabad,
Madhya Bharat and Travancore-C.ochin, the States of
Andhra Pradesh, Madhya Pradesh and Kerala,
respectively;
(n) "sitting member" in relation to either House of Parlia-
ment or of the Legislature of a State means a person who,
immediately before the appointed day, is a member of that
House;
(o) "successor State", in relation to an existing Stale, ineans
any State to which the whole or any part of the tern i tories of
that existing State is transferred by the provisions of Part and
includes in relation to the existing State of Madras, also that
State as territorially altered by the said provisions and the
Union;
or 19561 States Reorganisation 3
(p) "transferred territory" means any territory transferred
from an existing State to another existing State or to a new
State by the provisions of Part II;
(q) "treasury" includes a sub-treasury; and

(r) any reference to a district, taluk, tahsil or other terri-


torial division of a State shall be construed as a reference to
the area comprised within that territorial division on the 1st
day of July, 1956.

PART II
TERRITORIAL CHANGES AND FORMATION OF NEW STATES

3. (I) As from the appointed day, there shall be added to the T i mf i cr o r y


State of Andhra the territories comprised in— from
. Hyderabad
(a) the districts of Hyderabad, Medak, Nizamabad, Karim- to Andhra
nagar, Warangal, Khammam, Nalgonda and Mahbubnagar; and altera-
tion of
(b) A lampur and G adw al taluks of Raichur d istr ict and ' l a m e '
Kod angal taluk of Gu lbarga d istr ict;
(c) Tandur taluk of Gulbarga district;
(d) Z ah ir ab ad ta l uk ( exc ept N irn a c ir cl e ), N ya lk a l c ir cle
of Bid ar taluk and N ar ayankhed ta luk of Bidar d istr ict;
(e) Bichkonda and Jukkal circles of Deglur taluk of Nanded
district;
(f) Mudhol, Bhiansa and Kuber circles of Mudhol taluk of Nanded
district; and
(g) Adilabad district except Islapur circle of Boath taluk,
Kinwat taluk and Rajura taluk;
and thereupon the said territories shall cease to form part of the
existing State of Hyderabad and the State of Andhra shall be known
as the State of Andhra Pradesh.
(2) The territories referred to in clauses (b), (c), (d), (e) and (f) of
sub-section (I) shall be included in, and become part of,
Mahbulenagar, Hyderabad, Medak, Nizamabad and Adilabad districts,
respectively, in the State of Andhra Pradesh.
4. As from the appointed day, there shall be added to the State T r a n s f e r o f
Lsorrnanory
of Madras the territories comprised in the Agastheeswararn, Thovala,
Kalkulam and Vilavancocle taluks of Trivandrum district and the Travancore-
Shencattah taluk of Quilon district; and thereupon-- cmaaedbrians t
0
(a) the said territories shall cease to form part of the exist-
States Reorganisation liter 37
(b) the territories comprised in the Agastheeswaram,
Thovala, Kalkulam and Vilavancode taluks shall form a
separate district to be known as Kanya Kumari district in the
State of Madras; and
(c) the territories comprised in the Shencottah taluk shall be
included in, and become part of, Tirunelveli district in the State of
Madras.
Formation 5. (1) As from the appointed day, there shall be formed a new
of Kerala
State. HattettA State to be known as the State of Kerala comprising the
following territories, namely :--
(a) the territories of the existing State • of Travancore-
Cochin, excluding the territories transferred to the State of
Madras by section 4; and
(b) the territories comprised in—
(i) Malabar district, excluding the islands of Laccadive and
Minicoy, and
(ii) Kasaragod taluk of South Kanara district;
and thereupon the said territories shall cease to form part of the
States of Travancore-Cochin and Madras, respectively.
(2) The territories specified in clause (b) of sub-section (1)
shall form a separate district to be known as Malabar district in
the State of Kerala.
A-)l
Laccadive,i, d 6.As from the appointed day , t h e r e s h a l l b e f o r m e d a -lcI
new
Minicoy if
and Amindivi Batt–ette to be known as the Laccadive, Minicoy and Amindivi
Islands. Islands comprising the Laccadive and Minicoy Islands in the Malabar
district and the Amindivi Islands in the South Kanara district; and
thereupon the said Islands 'shall cease to form part of the existing
State of Madras.
Formation 7. (1) As from the appointed day, there shall be formed a new
of a new Platt:A. State to be known as the State of Mysore comprising the
Myeore
State. following territories, namely:—
(a) the territories of the existing State of Mysore;
(b) Belgaum district except Chandgad taluka and Bijapur,
Dharwar and Kanara districts, in the existing State of Bombay;
(c) -dbarga district except Kodangal and Tandur taluks,
Raichur strict except Alampur and Gadwal taluks, and Bidar
district „ieept Ahmadpur, Nilanga and Udgir taluks and the
portions specified in clause (d) of sub-section (1) of section 3,
in the existing State of Hyderabad;
Or 1956] States Reorganisation 5
(d) South Kanara district except Kasaragod taluk and
Amindivi Islands, and Kollegal taluk of Coimbatore district, in
the State of Madras; and
(e) the territories of the existing State of Coorg;
and thereupon the said territories shall cease to form part of the
said existing States of Mysore, Bombay, Hyderabad, Madras and
Coorg, respectively,
(2) The territory comprised in the existing State of Coorg shall
form a separate district to be known as Coorg district, and the said
Kollegal taluk shall be included in, and become part of, Mysore
district, in the new State of Mysore.
8. (1) As from the appointed day, there shall be formed a new Formation
BantrA State to be known as the State of Bombay comprising the Boforbeawy
following territories, namely:— State.
(a) the territories of the existing State of Bombay,
excluding—
(i) Bijapur, Dharwar and Kanara districts and
Belgaum district except Chandgad taluka, and
(ii) Abu Road taluka of Banaskantha district;
(b) Aurangabad, Parbhani, Bhir and Osmanabad districts,
Ahmadpur, Nilanga and Udgir taluks of Bidar district, Nanded
district (except Bichkonda and Jukkal circles of Deglur taluk
and Mudhol, Bhiansa and Kuber circles of Mudhol taluk) and
Islapur circle of - Boath taluk, Kinwat taluk and Rajura taluk of
Adilabad district, in the existing State of Hyderabad;
(c) Buldana, Akola, Amravati, Yeotmal, Wardha, Nagpur,
Bhandara and Chanda districts in the existing State of Madhya
Pradesh; 1
(d) the territories of the existing State of Saurashtra; and
(e) the territories of the existing State of Kutch;
and thereupon the said territories shall cease to form part of the existing
States of Dombay;)Hyderabad, Madhya Pradesh, Saurashtra and Kutch,
respectively:1"
(2) The said Chandgad taluka shall be included in, and become
part of, Kolhapur district, the said Ahmadpur, Nilanga and Udgir
taluks shall be included in, and become part of, Osmanabad district,
the said Islapur circle of Boath taluk, Kinwat taluk and Rajura taluk
shall be included in, and become part of, Nanded district and the
territories comprised in the existing State of Kutch shall form
6 states Reorganisation [ACT 311
a separate district to be known as Kutch district, in the new State
of Bombay.
Formation
of a new 9. (1) As from the appointed day, there shall be formed a new
Madhya PA- State to be known as the State of Madhya Pradesh compris-
Pradesh
State. ing the following territories, namely:—
(a) the territories of the existing State of Madhya Pradesh,
except the districts mentioned in clause (c) of sub-section (1) of
section 8; .
(b) the territories of the existing State of Madhya Bharat,
except Sunel tappa of Bhanpura tahsil of 1VIandsaur district;
(c) Sironj sub-division of Kotah district in the existing State of
Rajasthan;
(d) the territories of the existing State of Bhopal; and
( e ) the territories of the existing State of Vindhya Pradesh;
and thereupon the said territories shall cease to form part of the
existing States of Madhya Pradesh, Madhya Bharat, Rajasthan,
Bhopal and Vindhya Pradesh, respectively.

(2) The said Sironj sub-division shall be included in, and become
part of, Bhilsa district in the new State of Madhya Pradesh.
Formation 10. (1) As from the appointed day, there shall be formed a new
of a new PaP4.4. State to be known as the State of Rajasthan comprising the
Rajasthan
State. following territories, namely:—

(a) the territories of the existing State of Rajasthan, except Sironj


sub-division of Kotah district;
(b) the territories of the existing State of Ajmer;
(c) Abu Road taluka of BanaSkantha district in the existing State
of Bombay; and
(d) Sunel tappa of Bhanpura tahsil of Mandsaur district in the
existing State of Madhya Bharat;
and thereupon the said territories shall cease to form part of the said
States of Rajasthan, Ajmer, Bombay and Madhya Bharat,
respectively.

(2) The territories comprised in the existing State of Ajmer shall


form a separate district to be known as Ajmer district, and the
territories referred to in clauses (c) and (d) of sub-section (1) shall
be included in, and become part of, Sirohi and Jhalawar districts,
respectively, in the new State of Rajasthan.
OF 1956] States Reorganisation 7
-
As from the appointed day, there shall be formed a new Piga Formation
fi l trate to be known as the State of Punjab comprising the following of a.new
territories, namely: — PUDJ al)
State.
( a ) t h e t e r r i to r ie s o f th e e x i s t in g S ta te o f P u n j a b ; a n d
( b ) th e territorie s o f th e existing State of Patiala and East
Punjab States Union;
and thereupon the said territories shall cease to form part of the
s a id e x is t in g S ta t e s o f P u n j a b a n d P a t i a la a n d E a s t P u n j a b S t a t e s
Union, reSpectively.
12. As from the appointed day, in the First Schedule to the Con-
Amendment
s t i t u t i o n , f o r P a r t A , P a r t B a n d P a r t C , t h e f o l l o w i n g P a r t s s hofa lthe
l bFirst
e
s u b s t i t u t e d , n a m e l y : — S c h e d u l e t o
the Coo-
sthution.
"PART A

Name Territories

I. Andhra Pradesh The territories specified in sub-section (I)


of section 3 of the Andhra State Act,
1953, and the territories specified in sub-
section (r) of section 3 of the States Re-
organisation Act, 1956.

a. Assam . The territories which immediately before


the commencement of this Constitution
were comprised in the Province of
Assam, the Khasi States and the Assam
Tribal Areas, but excluding the territories
specified in the Schedule to the Assam
(Alteration of Boundaries) Act, 1951.

3 Bihar The territories which immediately before


the commencement of this Constitution
were either comprised in the Province of
Bihar or were being administered as if they
formed part of that Province.

4. Bombay The territories specified in sub-section (r)


of section 8 of the States Reorganisation Act,
1956.

5. Kerala . The territories specified in sub-section (r)


of section 5 of the States Reorganisation Act,
1956.
6. Madhya Pradesh . . The territories specified in sub-section (r)
of section 9 of the States Reorganisation Act,
1956.
8 States Reorganisation, [ACT 37

Name Territories

7. Madras The territories which immediately before


the commencement of this Constitution
were either comprised in the Province of
Madras or were being administered as if
they formed part of that Province and the
territories specified in section 4 of the
States Reorganisation Act, 1956, but
excluding the territories specified in sub-
section (r) of section 3 and sub-section (r)
of section 4 of the Andhra State Act,
1953, and the territories specified in
clause (b) of sub-section (d) of section 5,
section 6 and clause (d) of sub-section Cr)
of section 7 of the States Reorganisation
Act, 1956.

9. Mysore The territories specified in sub-section (r)


of section 7 of the States Reorganisa-
tion Act, 1956.

11. Orissa . The territories which immediately before


the commencement of this Constitution
were either comprised in the Province
of Orissa or were being administered as
if they formed part of that Province.

ro. Punjab . The territories specified in section TI of the


States Reorganisation Act, 1956.
. Rajasthan . The territories specified in section to of the
States Reorganisation Act, 1956.

12. Uttar Pradesh The territories which immediately before the


commencement of this Constitution were
either comprised in the Province known as
the United Provinces or were ' being
administered as if they formed part of that
Province.

14. West Bengal The territories which immediately before the


commencermnt of this Constitution were
either comprised in the Province of West
Bengal or were being administered as if
they formed part of that Province and the
territory of Chandemagore as defined in
clause (c) of section 2 of the
Chandernagore (Merger) Act, 1954.
‘r #

ItiFr195 6 ] States)Re.orgaitisatioit
- ' .1

-L, ,•1 laine ' • ,r :' E.r


.'

1. Jammu and Kashmir . The ,tei-ijitOrY


was Comprised in the 11-idtaA State of
.1 •
Jait'niti"and
coiTtKncern.,ritof ponstiution
.•,
1).w
iT bi ti;
1
„•Nathe ofThrtlibryJd,
brus buni
,
•,1;j .1f.rlie,..territoir which irriinediati19 before the
cornmenc.er.nent•:ofwthiSIV.Constitution
was comprised in the Chief Commissioner's
•• !HAI%L. H01,riin-cP,•PfHP0114tii(IN ,)rIT ( \)
2. Himachal Pradesh . . The territoriesiiwhichi',iininediattlylt14fiire
the commencement of the Himachal Pro.-
,; ,,:ideS1pand'Bilasptir+(NeW State)
Act, 1954,
were comprised in the States of Himachal
 •• !:•:i,.,. Pradesh; ano1113ilasput
3'2 IManipiat ; '1." '" VWThé. t6rtithry " Whicti" ImrhdiatelY before
:ib-cimrrieUdement thiSra Constitution
j j Chief :.Commissioneris„Vroviricc ifl under
i A the
d̀fainut.'
rA "
: 30. ..A.00I Jodi moll
-
. The territory which immediately
4. Tripura ob ef .f ot hr ei s t, hCe o n.sctoi tmu m
V
t i o9 nn cwf aatsi n t
jc•-•`. =!' - -
- `being adinituste -
s rf it 'Were a Chief
1.1';-1z.= fiai;=C6masSibribegfPro Videellifix'Ue-Pilfe name
of Tripura.
5--IPle:.,1-c9,adiYier.11V449.93' gibIggerlitcorlfosWiffied,rili 1PR*1 6 of the
P4, AmindiS1 1
ItatgA IRePrgacilatiP4Ir APP0..d 9,356;1

to
Saving
13. Nothing in the foregoing provisions of this Part shall 'be powers of
deemed tp affec i tpomi.er, . of p o ,Sta,le..,,qo i rrnIrtnto - ta i tatT! ) after State Gov-
ernments.

or division iictne State.


Eci.L 0,4.; lo ±T.)
V,C.1 0110S: j13,)..: '101 Lif)11.00'..-_,s' h4IPARSIII10
"136.0‘; 0.10 10 bOi";:::(4 52., 201 021110 '20i51011 SiC1ji;101
ZONES AND ZONAL COTJNCILS
I4I. ,•, . ,.
11
Ey,
- .
„ .
th =1: 4t4 ormtextPvItterwl's ill= gr " tale
4`4154§ iTo-Ifiith'el
542 M of Law 4
10 States Reorganisation [ACT 37

Establish- 15. As from the appointed day, there shall be a Zonal Council
ment of
Zonal for each of the following five zones, namely:—
Councils.
(a) the Northern Zone, comprising the States of Punjab,
Rajasthan and Jammu and Kashmir and the Elart-C T States- of
Delhi and Himachal Pradesh;
(b) the Central Zone, comprising the States of Uttar
Pradesh and Madhya Pradesh;
(c) the Eastern Zone, comprising the States of Bihar, West
Bengal, Orissa and Assam, and the Dant-C--Strates,of Manipur
and Tripura; Lot f-te,,c2w-fa
(d) the Western Zone, comprising the States of Bombay and
Mysore; and

(e) the Southern Zone, comprising the States of Andhra Pradesh,


Madras and Kerala.

Composition 16. (I) The Zonal Council for each zone shall consist of the
Councils.
(a) a Union Minister to be nominated by the President;

(b) the Chief Minister of each of the States tncluded in


the zone and two other Ministers of each such State to be
nominated by the Sadar-i-Hiyasat, in the case of Jammu and
Kashmir, and by the Governor, in any other case, and if there
is no Council of Ministers in any such State, three members
from that State to be nominated by the President,

(c) where any Partxg-State is includ i ed ,k in r the zone, not


more than two members from each such State to<be nominated
by the President;

(d) in the case of the Eastern Zone, the person for the time
being holding the office of the Adviser to the Governor of
Assam for Tribal Areas.

(2) The Union Minister nominated under clause (a) of sub-


section (1) to a Zonal Council shall be its Chairman.

(3) The Chief Ministers of the States included in each zone


shall act as Vice-Chairman of the Zonal Council for that zone by
rotation, each holding office for a period of ore year at a time:

Provided that if during that period there is no Council of


Ministers in the State concerned, such member from that State as
OF 1956] States Reorganisation II

the President may nominate in this behalf shall act as Vice-


Chairman of the Zonal Council.
(4) The Zonal Council for each zone shall have the following
persons as Advisers to assist the Council in the performance of its
duties, namely:—
( a ) o n e p e r s o n n o min a te d b y th e P l a n n in g Co m mi s s i o n ;
( b ) th e Ch ief Se cr e tar y to th e Gov ernme n t o f ea ch of the
S ta tes in c lud ed in th e Zon e ; and
( c ) the Development Commissioner or any other officer
nominated by the Government of each of the States included in
the Zone.
(5) Every Adviser to a Zonal Council shall have the right to take
part in the discussions of the Council or of any Committee thereof
of which he may be named a member but shall not have a right to
vote at a meeting of the Council or of any such.Committee.

17. (1) Each Zonal Council shall meet at such time as the Meetings
of Chairman of the Council may appoint in this behalf and shall, the
Councils. subject to the other provisions of this section, observe such
rules of procedure in regard to transaction of business at its meetings
as it may, with the approval of the Central Government, lay down from
time to time.
(2) The Zonal Council for each zone shall, unless otherwise
determined by it, meet in the States included in that zone by
rotation.
(3) Th e Ch a ir ma n or in h is abs enc e th e V ice- Cha ir ma n or in
th e ab sence of bo th the Chair man and the Vice- Ch a ir ma n, an y
o th er Member cho sen by the me mb ers pr esen t fro m amongst th em-
selv es sh all pr esid e at a meetin g of th e Council.
(4) A ll q u e s tio n s a t a me e t in g o f a Z o n a l Co u nc i l s n a i l b e
d e c id e d b y a ma j o r i t y o f v o te s o f t h e me mb e r s p r e s e n t a n d in th e
c a s e o f a n e q u a l i t y o f v o t e s th e Ch a ir ma n o r , in h is a b s e n c e a n y
o th e r p e r s o n p r e s id in g s h a l l h a v e a s e c o n d o r c a s tin g v o te .
(5) The proceedings of every meeting of a Zonal Council shall be
forwarded to the Central Government and also to each State
Government concerned.
1 8 . ( i) A Z o n a l Co u n c i l ma y f r o m ti me to t i me b y r e s o l u t i o n PONVer to
rainititees3.
Pc)

p a s s e d a t a me e t i n g a p p o in t Co mmi t t e e s o f i ts me mb e r s a n d e a
It3 Stat. ecirgaril s atibri [AC 2 37,
eithier in conneetion With,(theI affaiiis'-Of the Union or of 'tlieStateS:
as may be nominated in that behalf by the •
f40):)1 agsdeiateditwith ta. Comnfittee; 'of a Zonal 'Council
tintlett obi-sec-UO/190 )!Shall haveithe right 4o-Itake.part in the discus,1
sions of the Committee, but shall not have a right - to ''vote' at • a
meeting thereof, • I( I.

M c i f f i t - L a l v . d )

tic 3 >1 19)CginAiit .tM 1 :1


9 49 )14 CI
o (1) shall, Observe
Pr .10

such rules of procedure in regard, to..triansaction, of business at .its


meetings as the Zonal Council may, with the approval of the Central
GOVer'nrnentPlay ddivnfrOth time • to time '•' •
I.- ;
Staff of the 19. (1) Each Zonal Council shall have a secretarialStaff, Consist-
Council. ing of a Secretary, a Joint Secretary and such other officers as the
Iiiay'donsiaenecesSary to appoint. ,
Ii i,ii„-cift 10 trAeliPArielf„Sec.,r0aries pf the
,States ..representecl in such ConnOltishalkieachr,b,e
4he,SecretaryOf the .Council by, .rotation , and
hold office for a period of one year at a time.
he'jio iMt!Secrelai-Y Of the Council shall:':be:'..Chosen from.
amongs,:tbrIo„ cers,not service of any. o e States
--- .
iA - f represented
” 'the NI:Mal ail& silfr be appointed' by the ,'Chairman •
431 :•!,; : „- ,,; • • •:; .......... „

Office of the rt-=420.) (4y1The-_,officevol the: -Zonal, council ,forceachi-zone.,.shall.. be


Council. located at such place within the zone as may be determined .b, the,
Coun,cil..
%-;1-1 (2)° The- adininistrative-:eic-penses:Of:the• said„office,,including
the salaries and allowances payable to or in respect of members ,pf,the
sectptarial„,staff •pf,the,. Council other, than , the ..Secretary, shall be borne
by
r
the Central' GOverrinient• •'out
-
of Monies' provided 'by Parlia-
;:: T•
.
•;!
nient ,for_ the purpose..
I:, • ••: •:,,, f • ,6
Functions 21. (1) Each Zonal: tGouncili snalli;be. an advisory hody-and may.
of the disellSs.,apy matter in which sorne or, ,all of the States represented
Councils.
in that Council, or the Union and on'i:ir'more of the Stales represent-
ed in that Council, ' have a . comnion interest' and advise the Central
Government and, the Government Of each Stale concerned as to'-the
taken on any
action to bepa,r,tic,1.4F ,f such matter.
P - - ,;: a
-"' -th t re'tidice' to the generality of ,the
provisions " ns of sub-section (1), a Zonal Council' may ' discuss, an make
recommendations with regard to,-7

ot 1,4mq noija02-17 , n-ri :1 - I i•:. - ;, , .-


1
--,T (.0il'any matter. of. common,interest in the field of economic
-.:• • . .. •
!Nit axidEsocialoplanning; .
aic i 'ficatie'r ' r 'concerning border disputes, , : linguistic
7
MinOrities or inter=State transport; and .•,
OF 1956] States Reorganisation 113
(c) any matter connected with, or arising ou of, the
reorganisation of the States under this Act.
22. (1) Where it is represented to the Zonal Council for any zone Joint meet:
that a matter in which a State included in that zone and one or ings of . Zonal
more States included in any other zone or zones have a commdn Councils.
interest should be discussed at a joint meeting, it shall be lawful for the Zonal
Councils concerned—
(a) to meet at such time and place as the Chairman'
thereof may, in consultation with each other, appoint in this
behalf: and,
(b) to discuss the said matter at such joint meefing and
make recommendations to the Governments concerned as to the
action to be taken on that matter.
(2) The Central Government may make rules for iiegulating the
procedure at joint meetings of the Zonal Councils.
I.
PART IV
REPRESENTATION IN THE LEGISLATURES

The Council of States


23. As from the appointed day, in the Fourth Schedule to the Am z en u t i n e te
Constitution, for the Table of Seats, the following Table shall be
substituted, namely:—
tothe
C i tit ti
"Table of Seats
1. Andhra Pradesh 18
2. Assam 6
-
3. Bihar 21-
4. Bombay 27
5. Kerala 9
6. Madhya Pradesh 16
7. Madras 17
8. Mysore 12
9. Orissa 9
10. Punjab 11
11. Rajasthan 10
12. Uttar Pradesh 31-
14. West Bengal 14
15. Jammu and Kashmir 4
17. Delhi
18. Himachal Pradesh
19. Manipur )
20. Tripura

208''.
i4 States Reorganisation [ACT 81

Allocation 2t (/) The twelve sitting members representing the State of


of sitting Andhra and such six of the eleven sitting members representing the
members in
the Council State of Hyderabad as the Chairman shall by order specify shall,
of States, as from the appointed day, be deemed to have been duly elected
to fill the eighteen seats allotted to the State of Andhra Pradesh.
(2) Such five of the six sitting members representing the State
of Travancore-Cochin and such three of the eighteen sitting mem-
bers representing the State of Madras as the Chairman shall by order
specify shall, as from the appointed day, be deemed to have been
duly elected to fill eight of the nine seats allotted to the State of
Kerala.
(3) The eleven sitting members representing the States of
Bhopal, Madhya Bharat and Vindhya Pradesh and such five of the
twelve sitting members representing the State of Madhya Pradesh
as the Chairman shall by order specify shall, as from the appointed
day, be deemed to have been duly elected to fill the sixteen seats
allotted to the new State of Madhya Pradesh.
(4) Such one of the six sitting members representing the State
of Travancore-Cochin as the Chairman shall by order specify shall,
as from the appointed day, be deemed to have been duly elected to
fill one of the seats allotted to the State of Madras.
(5) The six sitting members representing the State of Mysore,
and such four of the seventeen sitting members representing the
State of Bombay, and such two of the eleven sitting members
representing the State of Hyderabad, as the Chairman shall by order
specify shall, as from the appointed day, be deemed to have been
duly elected to fill the twelve seats allotted to the new , State of
Mysore.
(6) The eleven sitting members representing the existing States
of Punjab and Patiala and East Punjab States Union shall, as from
the appointed day, be deemed to have been duly elected to fill the
eleven seats allotted to the new State of Punjab.
(7) The nine sitting members representing the State of Rajas-
than and the sitting member representing the States of Ajmer and
Coorg shall, as from the appointed day, be deemed to have been
duly elected to fill the ten seats allotted to the new State of
Rajasthan:
Provided that if the number of sitting members representing the
State of Rajasthan is less than nine, such one of the sitting members
representing the existing State of Bombay as the Chairman shall by
order specify shall, as from the appointed day, be deemed to have been
duly elected to fill one of the seats allotted to the new State of Raj
asthan.
OF 1956] States Reorganisation -15

(8) The five sitting members. representing the States of Sau-


rashtra and Kutch and the sitting members representing the existing
States of Bombay, Hyderabad and Madhya Pradesh who have not
been allocated under sub-sections (1), (3), (5) and (7) to Andhra
Pradesh, Madhya Pradesh, Mysore or Rajasthan shall, as from the
appointed day, be deemed to have been duly elected to fill the
twenty-seven seats allotted to the new State of Bombay.
(9) In this section, "Chairman" means the Chairman of the Council of
States.
25. As soon as may be after the appointed day, bye-elections shall tc: -vacan-
Bye elections
be held to fill the vacancies existing on the appointed day in the c
seats allotted to the States of Kerala and Madras.
26. In order that, as nearly as may be, one-third of the members Terraoffice
of of
may retire on the 2nd day of April, 1958, and on the expiration of members.
every second year thereafter, the President shall, after consultation
with the Election Commission, make by order such provisions as
he thinks fit in regard to the terms of office of the members elected
under section 25 and such modifications as he thinks fit in the terms
of office of any of the sitting members.

The House of the People


27. Nothing in Part II shall be deemed to affect the constitution Provision as or
duration of the existing House of the People or the extent of the ta 0;x:es tin g
constituency of any sitting member of that House.
The Legislative Assembly
28.
of any Assembly constituency in an existing State is transferredr?
(I) Where by virtue of the provisions of Part II the whole Changes in area
a
to any other existing State or becomes part of a new State other tionmembers. of sitting

than Kerala,- -
(a) that area shall, as from the appointed day, be deemed to
form a constituency provided by law for the purpose of elections
to the Legislative Assembly of such other existing State or of
such new State, as the case may be; and
(h) the sitting member representing that constituency shall,
as from the appointed day, be deemed to have been elected to
the said Legislative Assembly by that constituency and shall
cease to be a member of the Legislati% e Assembly of which he
was a member immediately before that day.
(2) The sitting members representing the assembly constituen-
cies in the State of Madras falling wholly or partly within the tern-
1,6 Ska,tes.iReorganisation: lifACT,37
.toesicf;t1;1-4i4;.State 1A,7404:Pn ;t, he appointed day, become part of the
,,new,iStato.of,,Icerala. ,shall,,as,from:that: day,: cease ;to; be Members ,of
ithe Legistati.ve Asemb1yoflV[aclras. •,
wil 1 \ 1in 1
61 _ , (.. , g ")16proprovisionsofiscueshall
n,relation on
tl'af 'sitting irienibers repregenting .`the'' ASgeinbY.Y'COnstifuencies
 it -1 = •••:! -
, 1111
.
s p e c i R e d therein, partli whici are by virtue of the provisici g of Part
II transieri&I'iroth' an:`disting State to another ekisting l State
r
1 (
I
MJt° 119; 1 4 t§: OP'!;) 214 z•ti wit
L . ,
' titt,t I. :1 i •t ; ;

(4) The members of the electoral college for Kutch- ConstitUted


,1 1
;:tff lunder seqtjop. ri(A. ,c)f t w.gqPrseP4tit7. :ii,Pf. the,PeoPle. Act, ;.-.,1950 43 of 1950.
"' ,sballi as soon :as /nay be after. the commencement, of this Act elect
eight persons from among themselves in accordance NithAhR,systearn of
proportional representation by means of the single transferable !fit"-
' Atoteriand finianch•Manner as may be prescribed, i !and.. the persons
so froth:thea:ripointed "day,,:be)deenied :to-have -been
felebted!_toilheiliegisktive- Assembly; of. ,Bombay '.by-.a:)constituency
:comprisingi the: whOle I of, Kutch,Idistrict.; . c, ',,,!:,! r:: '
'.••i''' "1. • .• i, • ' •, -
The Ace , Of , nietribei Of the Council Of Advisers
Ok Kutch under eàtion 42 of the Government of
Part C States Act, 1951, is h"ei:6115`i''ciciii'ii td`l;e`.6.11`1Offilie of ji6t8ftt 49 of 1951,
under the Governm.ent, of India, which shall ,pot disqualify its holder
for being elected unciei.'sith-seatiO'n'''OY Or fOr becoming a member
. . the ;-.Legislative Assembly of Bonxbay as ; provided:, that sub-
seCtion, I ifo
(6) The sittindi'iWernt:eii • 333' to tep±e-
. . -
sent the Anglo-India,.sow,luritN,A,trig T.Igislative Assemblies of
Madhya Pradesh and Vysore shall; 6.:4-frOni the appointed day, :=1-111 't1"--
)2
casetditid inabats of,:thoseilissernbliesi-and,;hallIbd deemed to
iliaVelEbeen. Lnolnitiated:, ainderi> i !article, [tiby:::::the-,::nrespective
States.
(G i t h l i l i A i bli S O b i b --,LIrnall i di l 4iazit!
Special 01 .1-A21,Ntiell a?.generaLelectin is. next,;heldlin:.the State rof Andhra
groveirettions 444e.sh for_„elsecti,ng .inembersi. to,,t4e1J-Ionse.,.of, the ,People„plections
to the hall) 41§9!::12e4i.9:14:40i,44,t4eAets \-49gecil,t(4.%,t1w.: s_P:i111;.:1Y ,Ponsti-
Andhra
Pradesh tuencies into -which the transferred territory .in that-State ia,divided
Legislative
Assembly. in the order referred. to in subsection (2) of section 47, as if those
.V 4aiittE date aPpoilitdd)under the
aftt1:14)P6OPTioAct,d19.51zak-:thectlate befolVV.ThiCh the 43of1551.
el tioh a-beD:teildtd01.111theAperSOA1W-hb,itaVing been
'erg the a-U-7v 6- c'.A.s"Selfiblyll'Ofilllyderabad,2 become
on the appointed da`P iiieinhefgoclof r=s.the-,-L-egi'slatiVe-P•Assernbly of
- Andhra ipPractesh oun der,. .sub7secti ono arc; subl se ction, -..(3):lof !section
stioggielpkgrs2,
OF 1956] States Reorganisation 17

30. The period of five years referred to in clause (1) of article Duration 172
shall, in the case of the Legislative Assembly of each new State c j v e A g s i s s e l _
except Kerala, as constituted by the provisions of section 28, be blies.
deemed to have commenced on the date on which it actually corn- •
menced in the case of the Legislative Assembly of the correspond-
ing State.

31. (1) As from the appointed day and until the first meeting of Speakers
the Legislative Assembly of a new State other than Kerala, the d
iie pu
persons who immediately before the appointed day are the Speaker S ty peakers.
and Deputy Speaker of the Legislative Assembly of the correspond-
ing State shall, if they are members of the Legislative Assembly
of the new State, be the Speaker and Deputy Speaker, respectively, of that
Assembly.

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


Assembly of the State of Andhra Pradesh shall choose two members
of the Assembly to be respectively Speaker and Deputy Speaker
thereof and until they are so chosen, the persons who immediately
before the appointed day are the Speaker and Deputy Speaker of the
Legislative Assembly of the existing State of Andhra shall be the
Speaker and Deputy Speaker, respectively, of the Legislative
Assembly of the State of Andhra Pradesh.

32. Until rules are made under clause (1) of article 208 by the R u l e s o f
Legislative Assembly of a new State, the rules as to procedure and
p r o c e d u r e , conduct of business in force immediately before the appointed
day with respect to the Legislative Assembly of the corresponding State
shall have effect in relation to the Legislative Assembly of the new
State subject to such modifications and adaptaticns as may be made
therein by the Speaker.

The Legislative Councils

33. (1) As from such date as the President may by order appoint, M a dh ya
there shall be a Legislative Council for the new State of Madhya Pradesh .
Legislative
Pradesh.
Council,
(2) In the said Council there shall be 72 seats of which—

(a) the numbers to be filled by persons elected by the elec-


torates referred to in sub-clauses (a), (b) and (c) of clause (3) of
article 171 shall be 24, 6 and 6 respectively;

(b) the number to be filled by persons elected by the mem-


bers of the Legislative Assembly in accordance with the provi.
sions of sub-clause (d) of the said clause shall be 24; and
54 8 M. of Law 5
18 States Reorganisation [ACT 37

(c) the number to be filled by persons nominated by the


Governor in accordance with the provisions of sub-clause (e) of
that clause shall be 12.
(3) As soon as may be after the commencement of this Act, the
President, after consultation with the Election Commission, shall by order
determine—
(a) the constituencies into which the said new State shall
be divided for the put - pose of elections to the Council under
each of the sub-clauses (a), (b) and (c) of clause (3) of article
171;
(b) the extent of each constituency; and
(c) the number of seats allotted to each constituency.
(4) As soon as may be after the appointed day, steps shall be
taken , to constitute the said Council in accordance with the provi-
sions of this section and the provisions of the Representation of the
People Act, 1950 and the Representation of the People Act, 1951: 43 of 1950.
43 of 1951.
Provided that the election ref erred to in clause (b) of sub-section
(2) shall be held only after the general election to the Legislative
Assembly of the new State of Madhya Pradesh has been held.
Bombay 34. (1) As from such date as the President may by order appoint,
Legislative there shall be a Legislative Council for the new State of Bombay.
Council.
(2) Until the said Council has been reconstituted in accordance with
the provisions of sub-sections (4) and (5) of this section and
summoned to meet for the first time, the said Council shall consist
of—
(a) all the sitting members of the Legislative Council of the
existing State of Bombay, except those representing the Belgaum (Local
Authorities), Bijapur (Local Authorities) and Dharwar (Local
Authorities) constituencies; and
(b) 25 members to represent the territories specified in
clauses (b), (c), (d) and (e) Of sub-section (1) of section 8 who
shall be chosen in such manner as may be prescribed.
(3) After such reconstitution as aforesaid, there shall be 72 seats in the
said Council of which—
(a) the numbers to be filled by persons elected by the elec-
torates referred to in sub-clauses (a), (b) and (c) of clause (3) of
article 171 shall be 24, 6 and 6 respectively;
(b) the number to be filled by persons elected by the mem-
bers of the Legislative Assembly in accordance with the provi-
sions of sub-clause (d) of the said clause shall be 24; and
OF 1956] States it eorganisation xg
(c) the number to be tilled by persons nominated by the
Governor in accordance with the provisions of sub-clause (e)
of that clause shall be 12.
(4) As soon as may be after the commence ment of this Act, the
President, after consultation with the Election Commission, shall by order
determine—
(a) the constituencies into which the said new State shall be
divided for the purpose of elections to the Council under each of
the sub-clauses (a), (b) and (c) of clause (3) of article 171;
(b) t h e e x t e n t o f e a c h c o n s t i t u e n c y ; a n d
(c) the number of seats allotted to each constituency.

(5) As soon as may be after the appointed day, steps shall be taken to
constitute the said Council in accordance with the provi-43 of 1950. sions
of this section and the provisions of the Representation of the 43 of 1951-
People Act, 1950 and the Representation of the People Act, 1951:

Provided that the election referred to in clause (b) of sub-section


(3) shall be held only after the general election to the Legislative
Assembly of the new State of Bombay has been held.
35. (1) In the Legislative Council of Madras, as from the M a d r a s
appointed day, there shall be 48 seats of which—
Legislative
Council.
(a) the numbers to be filled by persons elected by the elec-
torates referred to in sub-clauses (a), (U) and (c) of clause (3) of
article 171 shall be 16, 4 and 4 respectively;

(b) the number to be filled by persons elected by the mem-


bers of the Legislative Assembly in accordance with the provi-
sions of sub-clause (d) of the said clause shall be 16; and

(c) the number to be filled by persons nominated by the


Governor in accordance with the provisions of sub-clause (e) of
that clause shall be 8.

(2) As from the appointed day, the Delimitation of Council


Constituencies (Madras) Order, 1951 shall- have effect subject to the
modifications directed by the Second Schedule, and in the said
Order,—

(a) any reference to the State of Madras shall be construed


as including the territory added to that State by section 4 and
as excluding the territory which ceases to be part of that State
by virtue of section 5, section 6 or section 7;
States Reorganisation [Aar 37
(13) any reference to Tirunelveli district shall be construed
as including the territory added to that district by section 4;
and
(c) any reference to Coimbatore district shall be construed as
excluding Kollegal taluk.
(3) The two sitting members of the said Council representing
the West Coast (Local Authorities) Constituency and such two of
the six sitting members representing the Madras (Graduates)
Constituency, and such two of the eighteen sitting members elected
by the members of the Legislative Assembly, as the Chairman of the
said Council shall by order specify shall, on the appointed day,
cease to be members of the said Council.
(4) If, immediately before the appointed day, the total number
of sitting members nominated by the Governor is nine, such one of
them as the Governor shall by order specify shall, on the appointed
day, cease to be a member' of the said Council.
(5) Save as provided by sub-section (3), every sitting member
of the said Council representing a council constituency the extent
of which is altered by virtue of sub-section (2) shall, as from the
appointed day, be deemed to have been elected to the said Council
by that constituency as so altered.
(6) As soon as may be after the appointed day, bye-elections
shall be held in all the local authorities constituencies to fill the
vacancies existing on that day in the said Council.
(7) In order that, as nearly as may be, one-third of the members
of the said Council may retire on the 20th April, 1958, and on the
expiration of every second year thereafter, the Governor shall after
consultation with the Election Commission, make by order such pro-
visions as he thinks fit in regard to the terms of office of the mem-
bers elected under sub-section (6) and such modifications as he
thinks fit in the terms of office of any of the sitting members.

Mysore 36. (1) As from the appointed day there shall be a Legislative
Legislative Council for the new State of Mysore.
Council.
(2) Until the said Council has been reconstituted in accordance
with the provisions of sub-sections (3) and (4) of this section and
summoned to meet for the first time the said Council shall consist
of—
(a) all the sitting members of the Legislative Councilof
the existing State of Mysore, and
OF 1956] States Reorganisation :5,1
(b) 12 members to represent the territories specified in
clauses (b), (c), (d) and (e) of sub-section (1) of section 7,who
shall be chosen in such manner as may be prescribed.
(3) After such reconstitution as aforesaid, there shall be 52
seats in the said Council of which—
(a) the numbers to be filled by persons elected by the elec-
torates referred to in sub-clauses (a), (b) and (c) of clause
(3) of article 171 shall be 18, 4 and 4 respectively;
(b) the number to be filled by persons elected by the mem-
bers of the Legislative Assembly in accordance with the pro-
visions of sub-clause (d) of the said clause shall be 18; and
(c) the number to be filled by persons nominated by the
Governor in accordance with the provisions of sub-clause (e) of
that clause shall be 8.
(4) The provisions of sub-sections (4) and (5) of section 34 shall
apply in relation to the said Council as they apply in relation to the
Legislative Council for the new State of Bombay.
3 7 . (1 ) A s f r o m t h e ap p o in t ed d a y th ere sh a l l b e a L eg i s la ti v e P u n j a b
Legislative
Council for the new State of Punjab. Council.
(2) Until the said Council has been reconstituted in accordance
with the provisions of sub-sections (3) and (4) of this section and of
any other law for the time being in force and has been summoned to
meet for the first time, the said Council shall consist of—
( a) all th e sitting me mb ers of the Legislativ e Coun cil of
th e ex is ting State of Punj ab ; and
(b) six persons to be elected in such manner as may be
prescribed by the members of the Legislative Assembly of the
existing State of Patiala and East Punjab States Union from
amongst persons who are not members of that Assembly.
(3) After such reconstitution as aforesaid, there shall be 40 seats in the said
Council of which—
(a) the numbers to be filled by persons elected by the elec-
torates referred to in sub-clauses (a), (b) and (c) of clause (3) of
article 171 shall be 13, 3 and 3 respectively;
(b) the number to be filled by persons elected by the mem-
bers of the Legislative Assembly in accordance with the provi-
sions of sub-clause (d) of the said clause shall be 13; and
(c) the number to be filled by persons nominated by the
Governor in accordance with the provisions of sub-clause (e) of
that clause shall be 8.
2 States Reorganisation, [ACT
37
(4) The provisions of sub-sections (4) and (5) of section 34 shall
apply in relation to the said Council as they apply in relation to the
Legislative Council for the new State of Bombay.
Chairman
and Deputy
Chairman. 33. As from the appointed day and until- the first meeting of the
Legislative Council of the new State of Bombay, Mysore or Punjab, as
the case may be, the persons who immediately before the appointed
day are the Chairman and Deputy Chairman of the Legislative Council
of the corresponding State shall be the Chairman and Deputy Chair-
man, respectively, of that Council.
Rules of
procedure. 39. Until rules are made under clause (1) of article 208 by the
Legislative Council of the new State of Bombay, Mysore or Punjab,
the rules as to procedure and conduct of business in force
immediately before the appointed day with respect to the Legislative
Council of the corresponding State shall have effect in relation to the
Legislative Council of the new State subject to such modifications

Delimitation of Constituencies

Allocation 40. The number of seats in the House of the People allotted to
o f s e a t s i n each of the States and the number of seats assigned to the Legisla-
t h e h e H o u s e f iv e A ssembly of each Par t A State and of each Par t B State o th er
of t
People and than Jammu and Kashmir by order of the Delimitation Commission
assignment
f t f under the Delimitation Commission Act, 1952 (hereinafter in this Sr
-1
o s e a s o
1952.
Sta te Leg is - Part referred to as "the former Commission" and the former Act",
lat ive
A s s e mb l i e s , respectively) shall be modified as shown in the Third Schedule.

Modification 41. As soon as may be after the commencement of this Act, the
o f t h e
S c h e d u l e d President shall by order make such modifications in the Constitution
C a s t e s a n d (Scheduled Castes) Order, 1950, the Constitution (Scheduled Castes)
S
T cr ihbeedsu l e d (Part C States) Order, 1951, the Constitution (Scheduled Tribes)
Orders. Order, 1950 and the Constitution (Scheduled Tribes) (Part C States)
Order, 1951, as he thinks fit having regard to the territorial changes
and formation of new States under the provision: of Part II.

Determine- 42. (1) After the said Orders have been so modified, the popula-
tion cat tion as at the last census of the scheduled castes and of the scheduled
population
of Scheduled tribes in the territory which, as from the appointed day, will be
Castes and l
Schedu comprised in each of the States of Andhra Pradesh, Bombay, Kerala,
Tri ed bes. Madhya Pradesh, Madras, Mysore, Punjab and Rajasthan, shall be
ascertained or estimated by the census authority in such manner as
may be prescribed and shall be notified by that authority in the
Gazette of India.
OF 1956] States Reorganisation 23

(2 ) The population figures so notified shall be taken to be the


relevant population figures as ascertained at the last census and
shall supersede any figures previously published.
43. (1) As soon as may be after the commencement of this Act, Constitution
n
the Central Government shall constitute a Commission to be called of ti
the Delimitation Commission which shall consist of three members Commissio n .
as follows:—
(a) two members each of whom shall be a person who is, or
has been, a Judge of the Supreme Court or of a High Court, to
be appointed by the Central Government; and
(b) the Chief Election Commissioner, ex officio.

( 2 ) The Centr a l Gov ernme n t sh all no min a te on e of the me mb ers


appo in ted und er clau se ( a) of sub- section ( 1 ) to b e th e Ch a ir man of
th e Co mmis s ion .
44. it shall be the duty of the Commission— Mules of
theCOM-
(a) to determine on the basis of the population figures
mission. notified under section 42 the number of seats, if any, to
be reserved for the scheduled castes and scheduled tribes of
each of the States mentioned in that section in the House of the
People and in the Legislative Assembly of the State, having
regard to the relevant provisions of the Constitution and of this
Act;

( b ) to determine the parliamentary and assembly consti-


tuencies into which each new State shall be divided, the extent
of, and the number of seats to be allotted to each such consti-
tuency, and the number of seats, if any, to be reserved for the.
scheduled castes and the scheduled tribes of the State in each
such constituency; and

( c ) to revise or cancel any of the orders of the former Com-


mission made under section 8 of the former Act so as to provide,
having regard to the provisions of the Constitution and of this Act,
for a proper delimitation of all parliamentary and assembly
constituencies.
45. (1) For the purpose of assisting the Commis sion in the per-
Asso
formance of its functions under clause (b) of section 44, the Com- mc,
embers.ate
mission shall associate with itself in respect of each new State such
f i v e persons as the Central Government shall by order specify, being
persons who are members either of the House. of the People or of
the Legislative Assembly of an existing State:
24 States Reorganisation [ACT 37

Provided that such persons shall be chosen, so far as practicable,


from among those members who were associated with the former
Commission in delimiting constituencies in any part of the terri-
tories of the new State.
(2) None of the associate members shall have a right to vote or
to sign any decision of the Commission.
Casual 46. If, owing to death or resignation, the office of the Chairman
vacancies,
or of a member or of an associate member falls vacant, it shall be
filled as soon as may be practicable by the Central Government in
accordance with the provisions of section 43 or, as the case may be,
of section 45.
Procedure as
to deli- 47. (1) The provisions of section 7 of the former Act shall apply
mitation. in relation to the Commission as it applied in relation to the former
Commission; and in determining the matters referred to in clauses
(b) and (c) of section 44, the Commission shall have regard to the
provisions contained in clauses (a) to (e) of sub-section (2) of sec-
tion 8 of the former Act.

(2) After determining all the matters referred to in section 44,


the Commission shall prepare an order, to be known as the Delimi-
tation of Parliamentary and Assembly Constituencies Order, 1956
and send authenticated copies thereof to the Central Government
and to each of the State Governments; and thereupon, that Order
shall supersede all the orders made by the former Commission and
have the full force of law and shall not be called in question in
any court.

(3) As soon as may be after the said Order is received by the


Central Government or a State Government, it shall be laid before
the House of the People or, as the case may be, the Legislative
Assembly of the State.

(4) Subject to the provisions of sub-section (5), the readjustment


of the representation of the several constituencies in the House of
the People or in the Legislative Assembly of a State and the delimi-
tation of those constituencies provided for in the said Order shall
apply in relation to every election to the House of the People or to
the Legislative Assembly of a State, as the case may be, held after
the appointed day, and shall so apply in supersession of the provisions
contained in any other law.

(5) Nothing in this section shall affect the representation in the


House of the People or in the Legislative Assembly of a State until
the dissolution of the House or the Assembly, as the case may be,
existing or brought into existence on the appointed day.
OF 19561 States Reorganisation 25
(6) At ariY tithe Within six months of the date of the saithOrder,
any printing mistake found therein and any other error arising
therein from an accidental slip or omission may be corrected by the
Chief Election Commissioner by order published in the Gazette of
India.
48. Where any election is held during the year commencing on Special
the appointed day to fill a seat or seats in the Council of States pasrorc uenrtain

allotted to a new or reorganised State or a seat or seats in the el ectio n s .


Legislative Assembly or Legislative Council, if any, of such State, any
person who is for the time being an elector - for a parliamentary
constituency or assembly constituency in any of the connected States,
shall, for the purpose of sub-section (1) of section 3, clause
(c) of section 5 or sub-section (I) of section 6, as the case may be, 43 of
i951. of the Representation of the People Act, 1951, be deemed to be an
elector for a parliamentary constituency or assembly constituency, as the
case may be, of that new or reorganised State.
Explanation.—In this section "new or reorganised State" means
any of the States specified in the first column of the following
Table, and "connected States", in relation to a new or reorganised
State, means the States specified against that new or reorganised
State in the second column:
New or reorganised State Connected States
1. Andhra Pradesh Bombay and Mysore
2. Bombay . Andhra Pradesh, Madhya Pradesh
and Mysore
3. Kerala . • Madras
4. Madhya Pradesthj Bombay
5. Madras Kerala and Mysore
6. Mysore Andhra Pradesh, Bombay and
Madras.

PART V
HIGH COURTS

49. (1) The High Courts exercising immediately before the High Courts
appointed day jurisdiction in relation to the existing States of Bum- for the
new bay, Madhya Pradesh and Punjab shall, as from the appointed day, States.
be deemed to be the High Courts for the new States of Bombay,
Madhya Pradesh and Punjab, respectively.
(2) As from the appointed day, there shall be established a High
Court for each of the new States of Kerala, Mysore and Rajasthan.
548 M of Law.
26 States Reorganisation LACE 37
Abolition of 50. (1) As from tile appointed day, the High Courts of all the
certain existing Part B States, except Jammu and Ka.shmir, and. the Courts
Courts.
of the Judicial Commissioners for Ajmer, Bhopal, Kutch and
VindIlya Pradesh shall cease to function and are hereby abolished.
(2) , Nothing in sub-section (1) shall prejudice or affect the con-
tinued operation of any notice served, injunction issued, direction
given or proceedings taken before the appointed day by any of the
courts abolished by that sub-section under the powers then conferred
upon that court.
(3) Every such judge of a High Court abolished by sub-section (1)
as the President after consultation with the Chief Justice. of India
may, by order made before the appointed day, specify shall, as from
that day, become a judge, or if so specified the Chief justice, of such
High Court as the President may in that order specify.

Principal 51. (1) The principal seat of the High Court for a new State shall
h
of sitting of
High Courts
for new (2) The President may, after consultation with the Governor of a
States. •
new State and the Chief Justice of the High Court for that State, by
notified order, provide for the establishment of a permanent bench
or benches of that High Court at one or more places within the State
other than the principal seat of the High Court and for any matters
connected therewith.
(3) Notwithstanding anything contained in sub-section (1) or
sub-section (2), the judges and division courts of the High Court
for a new State may also sit at such other place or places in that
State as the Chief Justice may, with the approval of the Governor,
appoint.
Jurisdiction 52. The High Court for a new State shall have, in respect of any
of High
Courts for Part of the territories included in that new State, all such original,
new States. appellate and other jurisdiction as, under the law in force imme-
diately before the appointed day, is exercisable in respect of that
part of the said territories by any High Court or Judicial Com-
missioner's Court for an existing State.
Power to 53. (1) The High Court for a new State. shall have the like pewers
enrol
Advocates, to approve, admit, enrol, remove and suspend advocates and attor-
etc.
neys, and to make rules with respect to advocates and attorneys as
are, under the law in force immediately before the appointed day,
exercisable by the High Court for the corresponding State.
( 2) The right of aud ience in the High Cou rt for a new State
shall be regulated in accordance with the like principles as,
OF 1956] States Reorganisation 27
immediately before the appointed day, are in force-with respect to the
right of audience in the High Court for the corresponding State:
Provided that, subject to any rule made or direction given by the
High Court for a new State in exercise of the power conferred by
this section, any person who, immediately before the appointed day,
is an advocate entitled to practise; or an attorney entitled to act in
any such High Court or Judicial Commissioner's Court as may be
specified in this behalf by the Chief Justice of the High Court for
the new State, shall be recognised as an advocate or an attorney
entitled to practise or to act, as the case may be, in the High Court
for the new State.

54. Subject to the provisions of this Part, the law in force Practice and
immediately before the appointed day with respect to practice and P r ° c e d u r e '
procedure in the High Court for the corresponding State shall, with
the necessary modifications, apply in relation to the High Court for
a new State, and accordingly, the High Court for the new State
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 for the corresponding State:
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 for the corresponding State shall, until varied or
revoked by rules or orders made by the High Court for a new State,
apply with the necessary modifications in relation to practice and
procedure in the High Court for the new State as if made by that
Court.
5 5 . The law in force immediately before the appointed day with Cu s t o d y o f
respect to the custody of the seal of the High Court for the corres- S l e i i i g h ° f C t o t i e r t .
ponding State shall, with the necessary modifications, apply with
respect to the custody of the seal of the High Court for a new State.
5 6 . The law in force immediately before the appointed day with F o r m o f
respect to the form of writs and other processes used; issued orw o t r i tts a n d
awarded by the High Court for the corresponding State shall, with c e s e r P ro

the necessary modifications, apply with respect to the form of writs


and other processes used, issued or awarded by the High Court for a
new State.

57. The law in force immediately before the appointed day P owers of

relating to the powers of the Chief Justice, single judges and division
Judges. courts of the High Court for the corresponding State and with res-
p e c t t o ma t t e r s a n c i l l a r y t o t h e e x e r c i s e o f t h o s e p o w e r s s h a l l , w i t h t h e
necessary modifications, apply in relation to the High Court for
a new State,
28 States Reorganisation [ACT 37

Procedure 58. The law in-force immediately before the appointed day
HS TO
appeals to
relating to appeals to the Supreme Court from the High Court for
the Supreme the corresponding State and the judges and division courts thereof
Court. shall, with the necessary modifications, apply in relation to the High
Court for a new State.
Transfer 59. (1) Except as hereinafter provided, the High Court at Nagpur
of proceed-
ings to Born- (which on the appointed day becomes the High Court for the new
bay High State of Madhya Pradesh and is referred to in this Act as the High
Court.
Court of Madhya Pradesh) shall, as from that day, have no jurisdic-
tion in respect of the territory transferred from the existing State of
Madhya Pradesh to the new State of Bombay.
(2) Such proceedings pending in the High Court at Nagpur OT
the High Court of Hyderabad immediately before the appointed day
as are certified 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 for the new State of Bombay (referred to
in this Act as the High Court of Bombay) shall, as soon as may be
after such certification, be transferred to the High Court of Bombay.
(3) All proceedings pending in the High Court of Saurashtra or
in the Court of the Judicial Commissioner for Kutch immediately
before the appointed day shall stand transferred to the High Court
of Bombay.
(4) Notwithstanding anything contained in sub-sections (1) and
(2), but save as hereinafter provided, the High Court of Madhya
Pradesh shall have, and the High Court of Bombay 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 orders passed by the High Court at Nagpur 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 Bombay, he shall order that they shall be so transferred, and such
proceedings shall thereupon be transferred accordingly.

(5) Any order made before the appointed day by any court referred
to in sub-section (2) or sub-section (3) in any proceedings transferred
to the High Court of Bombay by virtue of sub-section (2) or sub-
section (3) shall for all purposes have effect, not only as an order of
that court, but also as an order of the High Court of Bombay;
OF 1956] States Reorganisation 29
and any order made by the High Court of Madhya Pradesh in any
proceedings with respect to which that court retains jurisdiction by
virtue of sub-section (4) shall for all purposes have effect, not only
as an order of that High Court, but also as an order of the High
Court of Bombay.
60. (1) As from the appointed day the jurisdiction of the High Extension
crr-
Court for the State of Kerala (referred to in..this Act as the High tion i of, and -
Court of Kerala) shall extend to the Part-C-Stat t e ' d l '
the Laccadive, transfer of
proceedingsKerala
to,
Minicoy and Amindivi Islands. High Court.

(2) Except as hereinafter provided, the High Court at Madras
shall, as from the ,appointed day, have no jurisdiction in respect of
0A-tarn 4
the said Part-C-State off in respect of any territory transferred from
the State of Madras to the State of Kerala.
(3) Such proceedings pending in the High Court at Madras
immediately before the appbinted day as are certified 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 Kerala shall, as
soon as may be after such certification, be transferred to the High
Court of Kerala.
(4) Notwithstanding anything contained in sub-sections (1) and
(2), but save as hereinafter provided, the High Court at Madras
shall have, and the High Court of Kerala 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 Madras before the
appointed day:
Provided that if after any such proceedings have been enter-
tained by the High Court at Madras it appears to the Chief Justice of
that High Court that they ought to be transferred to the High Court
of Kerala, he shall order that they shall be so transferred, and such
proceedings shall thereupon be transferred accordingly.
(5) Any order made by the High Court at Madras—
(a) before the appointed day in any proceedings transferred to the
High Court of Kerala by virtue of sub-section (3); or
(b) in any proceedings with respect to which the High Court at
Madras retains jurisdiction by virtue of sub-section (4),
shall for all purposes have effect, not only as an order of the High
Court at Madras, but also as an order made by the High Court of
30 States Reorganisation [ACT 37

(6) All proceedings pending in the High Court of Travancore-


Cochin immediately before the appointed day other than those certi-
fied by the Chief Justice of that High Court under sub-section (2) of
section 66 shall stand transferred to the High Court of Kerala, and
any order made before the appointed day by the-first mentioned
High Court in any such proceedings shall for all purposes have
effect, not only as an order of that High Court, but also as an order
of the High Court of Kerala.

Transfer of 61. (1) Such proceedings pending in the High Court of the exist-
proceedings
t o M a d h y a ing State of Rajasthan immediately before the appointed day as are
Pradesh certified by the Chief Justice of that High Court, having regard
High Court.
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 Madhya Prad, sh shall, as soon as may be after such certifi-
cation, be transferred u the High Court of Madhya Pradesh.

(2) All proceedings pending in the High Court of Madhya Bharat


or in the Court of the Judicial Commissioner for Bhopal or in the
Court of the Judicial Commissioner for Vindhya Pradesh,
immediately before the appointed day, shall stand transferred to the
High Court of Madhya Pradesh.

(3) Any order made before the appointed day by any court
referred to in sub-section (1) or sub-section (2) shall for all purposes
have effect not only as an order of that court but also as an order of
the High Court of Madhya Pradesh.

Transfer of 62. (/) Except as hereinafter provided, neither the High Court of
proceedings
to Mysore Bombay nor the High Court at Madras shall, as from the appoint-
High Court. ed day, have jurisdiction respect of any territory transferred from
the existing State of Bombay or the State of Madras, as the case may be, to the
new State of Mysore.

(2) Such proceedings pending in the High Court of Hyderabad or


the High Court at Bombay or Madras, immediately before the
appointed day, as are certified 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 for the new State of Mysore (referred
to in this Act as the High Cond. of Mysore) shall, as soon as may
be after such certification, be transferred to theI-Egh Court
of
Mysore.
(3) Notwithstanding anything contained in sub-sections (1) and (2) but
save as hereinafter provided, the High Court of Bombay or, as
the case may be, the High Court at Madras shall have, and the
OF 1956] Eltates iteorganisatio)) 31

High Court of Mysore 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 Bombay or Madras before the appointed day:
Provided that if after any such proceedings have been entertain-
ed by the High Court of Bombay or at Madras it appears to the Chief
Justice of that High Court that they ought to be transferred to the I -
Ugh Court of Mysore, 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 Hyderabad before the
appointed day in any proceedings transferred to the High Court of
Mysore by virtue of sub-section (2) shall, for all purposes, have effect
not only as an order of the High Court of Hyderabad, but also as an
order made by the High Court of Mysore.
(5) Any order made by the High Court at Bombay or Madras--
(a) before the appointed day in any proceedings transferred
to the High Court of Mysore by virtue of sub-section (2), or
(b) in any proceedings with respect to which the High Court
of Bombay or at Madras retains jurisdiction by virtue of sub-
section (3),

shall, for all purposes, have effect not only as an order of the High
Court of Bombay or at Madras, but also as an order of the High Court of
Mysore.
(6) All proceedings pending in . the High Court of the existing
State of Mysore immediately before the appointed day, shall stand
transferred to the High Court of Mysore; and any order made before
the appointed day by the first mentioned High Court in any such
proceedings shall for all purposes have effect, not only as an order
of that High Court, but also as an order of the I - ugh Court of
Mysore.

6 3 . (1 ) A l l p r o c e e d in g s p e n d in g in th e H ig h Co u r t o f P a tia l a a n d T r a n s f e r
o f E a s t P u n j a b S t a te s U n io n i m me d i a t e l y
b e f o re th e a p p o in te d d a y t o
s
proceedin g shall stand transferred to the High Court for the new State of High C n o j ' urt.
Punjab (referred to in this Act as the High Court of Punjab).

(a) Any order made before the appointed day by the High Court of
Patiala and East Punjab States Union shall for all purposes have
effect, not only as an order of that Court, but also as an order made
by the High Court of Punjab.
States Reorganisation [ACT 31

transfer of 64. (1) As from the appointed day, the High Court of Bombay
proceedings shall have no jurisdiction in respect of the territory transferred from
to Rajasthan
High Court. the existing State of Bombay, to the new State of Ra]asthan.
(2) Such proceedings pending in the High Court at Bombay or the
High Court of Madhya - Bharat immediately before the appointed day
as are certified 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 for the new State of Rajasthan (referred to in this Act as the
High Court of Rajasthan) shall, as soon as may be after such
certification, be transferred to the High Court of Rajasthan.
(3) All proceedings pending in the High Court of the existing State
of Rajasthan immediately before the appointed day other than those
certified under sub-section (1) of section 61 and all proceedings
pending in the Court of the Judicial Commissioner for Ajmer
immediately before the appointed day shall stand transferred to the
High Court of Rajasthan.
(4) Any order made before the appointed day by any court
referred to in sub-section (2) or sub-section (3) in any
proceedings transferred to the High Court of Rajasthan by virtue
of sub-section (2) or sub-section (3) shall, for all purposes, have
effect not only as an order of that court, but also as an order of
the High Court of Rajasthan.

High Court of 65. (1) As from the appointed day,—


Andhra
Pradesh. (a) the jurisdiction of the High Court of the existing State
of Andhra shall extend to the whole of the territories transfer-
red to that State from the existing State of Hyderabad;
(b) the said High Court shall be known as the High Court of
Andhra Pradesh; and
(c) the principal seat of the said High Court shall be at
Hyderabad.
(2) All proceedings pending in the High Court of Hyderabad
immediately before the appointed day, other than those certified by
the Chief Justice of that High Court under sub-section (2) of section
59 or under sub-section (2) of section 62, shall stand transferred to
the High Court of Andhra Pradesh.
(3) Any order made by the High Court of Hyderabad before the
appointed day in any proceedings transferred to the High Court of
Andhra Pradesh by virtue of sub-section (2) shall, for all pur-
Or 19561 States Reorganisation
poses, have effect not only as an order of the High Court of Hyderabad
but also as an order made by the High Court of Andhra Pradesh.

(4) Any person who, immediately before the appointed day is


an advocate entitled to practise in the I-Egh Court of Hyderabad
shall, as from the appointed day, be recognised as an advocate
entitled to practise in the High Court of Andhra Pradesh:

Provided that if any such person makes, within one year from
the appointed day, an application to the High Court of Bombay or
to the High Court of Mysore for being recognised as an advocate
entitled to practise in that High Court, he shall be so recognised,
and on such recognition, he shall cease to be recognised as an
advocate entitled to practise in the High Court of Andhra Pradesh.

66. (1) Except as hereinafter provided the jurisdiction of the H i g h C ou r t


fortietdhe artoea
High Court at Madras shall, as from the appointed day, extend to the
whole of the territories transferred to the State of Madras from Madras.
the State of Travancore-Cochin.

(2) Such proceedings pending in the High Court of Travancore-


Cochin immediately before the appointed day as are certified before
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
at Madras shall, as soon as may be after such certification ; be
transferred to the High Court at Madras.

(3) Notwithstanding anything contained in sub-sections (1) and


(2), but save as hereinafter provided, the High Court of Kerala shall
have, and the High Court at Madras 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 of Travancore-Cochin before
the appointed day:

Provided that if, after any such proceedings have been entertain-
ed by the High Court of Kerala, it appears to the Chief Justice of
that High Court that they ought to be transferred to the High Court
at Madras, he shall order that they shall be so transferred, and such
proceedings shall thereupon be transferred accordingly.
548 M of Law
34 States Reorganisation [ACT 37
(4) Any order made—
(a) by the High Court of Travancore-Cochin before the
appointed day in any proceedings transferred to the High Court
at Madras by virtue of sub - section (2); or
(b) by the High Court of Kerala in any proceedings with
respect to which that High Court retains jurisdiction by virtue
of sub-section (3),
shall, for all purposes, have effect, not only as an order of the High
Court of Travancore-Cochin or the High Court of Kerala, as the case
may be, but also as an order made by the High Court at Madras.
(5) Subject to any rule made or direction given by the High
Court at Madras, any such person who immediately before the
appointed day is an advocate entitled to practise in the High Court
of Travancore-Cochin as may be specified in this behalf by the
Chief Justice of the High Court at Madras having regard to the
transfer of territories from Travancore-Cochin to Madras, shall be
recognised as an advocate entitled to practise in the High Court at
Madras.
Right to 67. Any person who immediately before the appointed day is an
act in pro- advocate entitled to practise, or an attorney entitled to act, in the appear
or
ceedings High Court for an existing State and was authorised to appear or to
transferred
to other act in any proceedings transferred from that High Court to any H ig h
Courts. other High Court under any of the foregoing provisions f this Part
shall have the right to appear or to act, as the case may be, in the
other High Court in relation to those proceedings.
interpreta- 68. For the purposes of sections 59 to 66,—
on.
(a ) p roceeding s shall be d ee me d to be pending in a cou rt
until that court has disposed of all issues between the parties,
including any issues with respect to the taxation of the costsof
the proceedings and shall include appeals, applications for leave
to appeal to the Supreme Court, applications for review, peti-
tions for revision and petitions •for writs;
(b) references to a High Court shall be construed as includ-
ing references to a judge or division court thereof, and refer-
ences 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.
Savings. 69. Nothing in this Part shall affect the application to the High
Court for a new State 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.
OF 1956] States Reorganisation 35

PART VI

AUTHORISATION OF EXPENDITURE

'70. In the case of every new State, the Governor or Rajpramukh ALaho isaf
of the corresponding State may at any time before the appointed offfnew
etlx°prienditure
day authorise such expenditure from the Consolidated Fund of the
new State as he deems necessary for any period not extending S t a t e s.
beyond the 31st day of March, 1957:
Provided that the Governor of the new State may, after the
appointed day, authorise such further expenditure from the Conso-
lidated Fund of the State as he deems necessary for the said period.
non -f
m e ne
for

71, of
lature (1)the
AsState
fromoftheAndhra
appointed day, any
or Madras Act that
before passed
daybyforthe
theLegis-
appro-I''irpropria-
ys
priation of any money out of the Consolidated Fund of the State to expenditurein transfer-
meet any expenditure in respect of any part of the financial year red terri-
etoxedander
1956-57 shall have effect also in relation to the transferred territory r i i e un
in that State, and it shall be lawful for the State Government to Appropri-
spend any amount in such transferred territory out of the amount anon AGM
authorised by such Act to be expended for any service in that State.
(2) The Governor of Andhra Pradesh or of Madras may, after the
appointed day, authorise such expenditure from the Consolidated
Fund of the State as he deems necessary for any purpose or service
in the transferred territory of the State for any period not extending
beyond the 31st day of March, 1957.
'72. (1) Where the whole or any part of the territory of an R e p o r t s r e -
lating to the
existing State has been transferred to another existing State or to accounts
States.
a n e w S t a te b y t he p r o v i s i o ns o f P a r t I I , th e r e p o r t s of t he o f c e r t a i n
Comptroller and Auditor-General of India referred to in clause (2)
of article 151 relating to the accounts of that existing State in respect
of any period nrior to the appointed day, shall be submitted to the
Governor of such State or of each of such States as the President
may by order specify and the Governor shall thereupon 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 Consoli-
dated Fund of Bombay, Madhya Pradesh or Punjab or of any
Part B or Part C State on any service during the financial year
1955-56 or 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
36 States Reorganisation, [Act- 37
(b) provide for any action to be taken on any matter arising out of
the said reports.
Allowances 73. The allowances and privileges of the Governor of Andhra
and privi-
leges of Pradesh or of Madras or of each new State shall, until provision in
Governors of that behalf is made by Parliament by law under clause (3) of article
certain
States. 158, be such as the President may, by order, determine.
Distgibution 74. (1) Section 3 of the Union Duties of Excise (Distribution) Act,
of revenues. 3 of 1953.
1953 and paragraphs 3 and 5 of the Constitution (Distribution of
Revenues) Order, 1953, shall, in respect of the financial year 1956-57, have
effect in the modified form set out in the Fourth Schedule.
(2) There shall be charged on the Consolidated Fund of India in
respect of each of the three financial years 1957-58, 1958-59 and 1959-60
as grants-in-aid of—
(a) the State of Bombay, the sum, if any, by which 8 - 58
per cent, of the total of the amounts payable to that
State under articles 270 and 272 falls short of 248.04
lakhs of rupees;
(b) the State of Kerala, the sum, if any, by which 61 91 per
cent. of the total of the amounts payable to that State
under the said articles falls short of 232 38 lakhs of
rupees;
(c) the State of Madras, the sum, if any, by which 2-97 per
cent. of the total of the amounts payable to that State
under the said articles falls short of 24.65 lakhs of
rupees;
(d) the State of Mysore, the sum, if any, by which 46.75 per
cent, of the total of the amounts payable to that State
under the said articles falls short of 289 . 80 lakhs of
rupees.

PART VII

APPORT.IONMENT OF ASSETS AND LIABILITIES OF CERTAIN PART A


AND PART B STATES
Application
of Part. 75. The provisions of this Part shall apply in relation to the
apportionment of the assets and liabilities immediately before
the appointed day of every Part A or Part B State the whole or
any part of whose territories is transferred to another State or
becomes a Part C State by virtue of the provisions of Part II; and
the expression "existing State" shall accordingly be conatroed to
mean any such Part A State or Part B State.
OF 1956] States Reorganisation 37
Land
goods.and
76. (1) Subject to the other provisions of this Part, all land and
all stores, articles and other goods belonging to an existing State
shall—
(a) if within the existing State, pass to the successor State in
which they are situated; or
(b) if outside the existing State, pass to the successor State
or if there be two or more successor States, to the principal
successor State:
Provided that where there are two or more successor States
and the Central Government is of opinion that ar.y goods or
class of goods should be distributed among them 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 succes-
sor States accordingly.
(2) Any unissued stores of any class in an existing State shall
pass to the successor State, or if there be two or more successor
States, shall be divided between them in proportion to the total
indents for stores of that class made in the period of three years
ending with the 31st day of March, 1956, for the territories of the
existing State included respectively in each of those successor
States excluding the indents relating to the Secretariat and offices
of Heads of Departments having jurisdiction over the whole of the
existing State:
Provided that nothing in this sub-section shall apply to stores held
for specific purposes, such as use or utilisation in particular institu-
tions, workshops or undertakings or on particular works under
construction.
(3) 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.

77. The total of the cash balances in all treasuries of an existing Treasury and
State and the credit balances of that State with the Reserve Bank of bank
balances.
India immediately before the appointed day shall pass to the
successor State, or, if there be two or more successor States, be
divided between them according to the population ratio:

Provided that for the purpose of such division, there shall be no


transfer of cash balances from any treasury to any other treasury and
the aPPortionm'ent shall be effected by adjusting the credit
38 States Reorganisation [ACT 37

balances of the successor States in the books of the Reserve Bank


of India on the appointed day:
Provided further that if any successor State has no account with
the Reserve Bank of India the adjustment shall be made in such
manner as the Central Government may by order direct.
Arrears of 78. The right to recover arrears of any tax or duty on property,
taxes.
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
territorier, the place of assessment of that tax or duty is included.
R i g h t t o
recover loans 79. (1) The right to recover any loans or advances made before
a n d a d - t h e appointed day b y an existing State to an y local bod y, so ciety,
vances. agriculturist or other person in an area within that State shall
belong to the successor State in which that area is included.
(2) The right to recover any loans or advances made before the
appointed day by an existing State to any person or institution
outside that State shall belong to the successor State or, if there be
two or more successor States, to the principal successor State:
Provided that where there are two or more successor States, any
sum recovered in respect of any such loan or advance shall be
divided between all the successor States according to the population
ratio.
Credits in 80. The investments in the cash balance investments account,
certain funds
the famine relief fund and the general fund of an existing State and
the sums at the credit of an existing State in the central road fund
shall pass to the successor State or, if there be two or more
successor States, be divided between them according to the popula-
tion ratio; and the investments in any special fund the objects of
which are confined to a local area in an existing State shall pass to
the successor State in which' that area is included.
Assets and 81. (/) The assets and liabilities relating to any commercial or
liabilities of industrial undertaking of an existing State shall pass to the successor
State under
takings, State in which the undertaking is located.

(2) Where a depreciation reserve fund is maintained by an


existing State for any commercial or industrial undertaking, the
securities held in respect of investments made from that fund shall
pass to the successor State in which the undertaking is located.
Public debt. 82. (1) The public debt of the existing State of Hyderabad attri-
butable to loans raised by the issue of Government securities and
outstanding with the public immediately before the 31st day of
October, 1956, shall as from that day be the debt of the Union, and
immediately on such transfer of the debt, the Central Government
OF 1956] States Reorganisation 39
shall be deemed to have made a loan to that State of an amount
equal to the debt so transferred on the same terms in regard to
interest and repayment as are applicable to the loans so raised by
that State.
(2) The public debt of any other existing State attributable to
loans raised by the issue of Government securities and outstanding
with the public immediately before the appointed day shall, as from
that day, be the debt of the successor State or, if there be two or
more successor States, be the debt of such one of them as the Central
Government may, by order, specify; and in the latter case,—
(a) the other successor States shall be liable to pay to the
successor State so specified their shares of the sums due from
time to time for the servicing and repayment of the debt, and
(b) for the purpose of determining the said shares, the debt
shall be deemed to be divided between the successor States as if
it were a debt referred to in sub-section (3).
(3) The public debt of an existing State attributable to loans
taken from the Central Government, the Reserve Bank of India or
any other bank before the appointed day, including in the case of
Hyderabad the loan deemed to have been made by the Central
Government under sub-section (/), shall pass to the successor State,
or if there be two or more successor States, be divided between
them in proportion to the total expenditure on all capital works and
other capital outlays incurred up to the appointed day in the terri-
tories of the existing State included respectively in each of those
successor States:
Provided that for the purposes of such division, only expenditure on
assets for which capital accounts have been kept shall be taken into
account:
Provided further that any loan taken from the Central Govern-
ment by the Government of an existing State before the appointed
day in connection with the construction of buildings, roads or other
works for the capital of a new State or any State affected by the
provisions of Part II or for purposes incidental thereto shall, to the
extent of the expenditure so incurred until that day, be wholly the
liability of the successor State in which the capital is included.
(4) Where a sinking fund or depreciation fund is maintained by
an existing State for the repayment of any loan raised by it, the
securities held in respect of investments made from that fund shall
pass to the successor State or, if there be two or more successor
States, be divided between them in the same proportion as the pub-
lic debt referred to in sub-section (3).
40 States Reorganisation tam 27
(5) 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. a of 1944.
Refund of 83. The liability of an existing State to refund any tax or duty
t a x e s c o l l e c - on property, including land revenue, collected in excess shall be
ted i n the liability of the successor State in which the property is situated,
e x c e s s.
and the liability of an existing State 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.
Deposits. 84. The liability of an existing State in respect of any civil
deposit or local fund deposit shall, as from the appointed day, be
the liability of the successor State in whose area the deposit has
been made.
Provident 85. The liability of an existing State in respect of the provident
funds. fund account of a Government servant in service on the appointed
day shall, as from that day, be the liability of the successor State to
which that Government servant is permanently allotted.
Pensions. 36. The liability of the existing States in respect of pensions shall
pass to, or be apportioned between, the successor States in accord-
ance with the provisions contained in the Fifth Schedule.
Contracts. 87. (1) Where before the appointed day an existing State 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 there be only one successor State—of that State;
(b) if there be two or more successor States and the pur-
poses of the contract are, as from the appointed day, exclusively
purposes of any one of them,—of that State; and
(c) if there be two or more successor States and the pur-
poses of the contract are, as from that day, not exclusively pur-
poses of any one of them,—of the principal successor State;
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, be rights or
liabilities of the successor State or the principal successor State
specified above:
Provided that in any such case as is referred to in clause (c), 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 all the successor States concerned, or in default of such
agreement, as the Central Government may by order direct.
OF 1956] States Reorganisation 41
(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 ) a n y l ia b i li ty to s a t is f y a n o r d e r o r a w a r d ma d e b y
a n y c o u r t o r o th e r tr i b u n a l in p r o c e e d in g s r e l a tin g to th e
c o n tr a c t; a n d

( 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.

88. Where, immediately before the appointed day, an existing Liability res f in
State is subject to any liability in respect of an actionable wrong a c t Fo e n c a t b o l e
wr
other than breach of contract, that liability shall— ong.
(a) if there be only one successor State, be a liability of
that State;

(b) i f t h e r e b e t w o o r m o r e s u c c e s s o r S t a t e s a n d t h e c a u s e
of action arose wholly within the territories which as from that
day are the territories of one of them, he a liability of that
successor State; and

(c) in any other case, be initially a liability of the principal


successor State, but subject to such financial adjustment as may
be agreed upon between all the successor States concerned, or in
default of such agreement, as the Central Government mat. by
order direct.

89. Where, immediately before the appointed day, an existing Liability as


State is liable as guarantor in respect of any liability of a registered guarantor
of co-opera-
co-operative society, that liability of the existing State shall— tive society.

(a) if there b e on ly on e successo r State, b e a liab ility of


that State;

(b) if there be two or more successor States and the area


of the society's operations is limited to the territories which as
f r o m th a t d a y a r e th e te r r i to r ie s o f o n e o f th e m, b e a l i a bi l i t y
of that successor State; and
548 M of Law 8
42 States Reorganisation [ACT 37

(c) in any other case, be a liability of the principal successor


State:
Provided that in any such case as is referred to in clause (c),
the initial allocation of liabilities under this section shall be
subject to such financial adjustment as may be agreed upon bet-
ween all the successor States, or in default of such agreement,
as the Central Government may by order direct.

Items in
90. If any item in suspense is ultimately found to affect an
Suspense. 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.

Residuary
91. The benefit or burden of any assets or liabilities of an
provision. existing State not dealt with in the foregoing provisions of this Part

(a) if there be only one successor State, pass to that State,

and

(b) if there be two or more successor States, pass to the


principal successor State in the first instance, subject to such
financial adjustment as rimy be agreed upon between all the
successor States before the 1st day of October, 1957, or in default
of such agreement, as the Central Government may by order
direct.

Power of 92. Where by virtue of any of the provisions of this Part, any
the Central of the successor States becomes entitled to any property or obtains
Ccernm ant any benefits or becomes subject to any liability, and the Central
to order al-
location or Government is of opinion, on a reference made within a period of
adjustment three years from the appointed day by any State that it is just and
in certain
cases. equitable that that property or those benefits should be transferred to
or shared with, one or more of the other successor States, or that a
contribution towards that liability should be made by one or more of
the other successor States, the said property or benefits shall be
allocated in such manner, or the other successor State or States shall
make to the State primarily subject to the liability such contribution
in respect thereof, as the Central Government may, after consultation
with the State Governments concerned by order determine.

Certain ex- 93. All sums payable by the Union to any State or by any State
penditure to ,
b e c h a r g ed To any other State or to the Union by virtue of the provisions of
on theated
solid Con- this Part shall be charged on the Consolidated Fund of India or, as
Fund, the case may be, the Consolidated Fund a the State by which such
sums are payable.
OF 1956] States Reorganisation 43
PART VIII
APPORTIONMENT OF CERTAIN ASSETS AND LIABILITIES OF THE UNION
94. In this Part,— Definitions.

(a) "existing State" means any of the existing Part C States of


Ajmer, Bhopal, Coorg, Kutch and Vindhya Pradesh;
(b) "Union purposes" mean the purposes of Government
relatable to any of the matters mentioned in the Union List.
95. Subject to the other provisions of this Part— Passing o
certain assci
and
(a) such of the assets of the Union within an existing State ties of the
as are immediately before the appointed day held by the Union sUasutiac essisot or
-
for purposes of the governance of that State shall, as from that
day, pass to the successor State, unless the purposes for which
the assets are - so held are Union purposes; and
(b) all liabilities of the Union arising out of, or in relation
to, the governance of an existing State shall, as from the appoint-
ed day, be liabilities of the successor State, unless the liabilities
are relatable to a Union purpose.
96. The right to recover arrears of any tax (including land A r r e a r s o f
revenue) due in an existing State, being a tax enumerated in the t a X e s ' State
List, shall pass to the successor State.
97. The right to recover any loans or advances made before the Loans and
appointed day to any local body, society, agriculturist or other person advances ' in
an existing State shall belong to the successor State unless the loan or advance
was made in connection with a Union purpose.
98. Any debt of an existing State attributable to any loan given by Debts doP. to the
Central Government on or after the 1st day of April, 1954, and Central (3°-
vernment,
outstanding immediately before the appointed day shall be a debt
due by the successor State to the Central Government.
99. The liability of the Union in respect of the provident fund P r o v i d e n t
account of a Government servant serving immediately before toe f u n t h
appointed day in an existing State under the administrative control of
theiLieutenant-Governor or Chief Commissioner thereof shall, as from
that day, be the liability of the successor State:
Provided that the Central Government shall transfer to the suc-
cessor State funds equal to the liability of the Union as on the
appointed day.

100. Where a Government servant under the administrative con- Pensions.


trol of the Lieutenant-Governor or Chief Commissioner of an existing
State has, before the appointed day, retired or proceeded on leave
44 States Reorganisation [ACT 31
preparatory to retirement, any outstanding claim in respect of his
pension shall be settled by the successor State; but the liability in
respect of the pension sanctioned to any such Government servant,
whethes before or after the appointed day, shall be the liability of
the Union_
Contracts. 101. (1) Any contract made before the appointed day by the Union
in the exercise of its executive power for purposes of the governance
of an existing State shall, as from that day, be deemed to have been
made in the exercise of the executive power of the successor State,
unless the purposes of the contract are Union purposes; 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 and
liabilities of the Union if this Act had not been passed, be rights and
liabilities of the successor State.

(2) The provisions of sub-sections (2) and (3) of section 87 shall


apply in relation to any such contract as they apply in relation to a
contract to which sub-section (I) of that section applies.

PART IX
PROVISIONSASTOCERTAINCORPORATIONSANDINTER-STATEAGREEMENTS
ANDARRANGEMENTS
Prevision as 102. (1) As from the appointed day, the Financial Corporations
to certain established under the State Financial Corporations Act, 1951, for the 63 of 195z.
State Finan-
cial Corpota - existing States of Madhya Bharat, Punjab, Rajasthan and Travancore-
tions. Cochin shall be deemed to be the Financial Corporations established
under the said Act for the new States of Madhya Pradesh, Punjab,
Rajasthan and Kerala, respectively.
(2) The States of Kerala, Madhya Pradesh and Rajasthan shall be
liable to pay to the States of Madras, Rajasthan and Madhya
Pradesh, respectively, on account of the share of each of the last-
named States in the paid-up capital of the Financial Corporations for
the existing States of Travancore-Cochin, Madhya Bharat and
Rajasthan, respectively, such amount as the Central Government may
by order determine.
(3) As from the appointed day, the Financial Corporations
established under the State Financial Corporations Act, 1951, for
the existing States of Andhra and Hyderabad shall stand
amalgamated and shall be deemed to he the Financial Corporation
established under the said Act for the State of Andhra Pradesh.
(4) After consulting the Governments of the existing States of
Andhra and Hyderabad, the Central Government may, before the
appointed day, by notified order, provide for the constitution of the
Or 1956] . States Reorganisation 45
Board of Directors of the Financial Corporation for the State of
Andhra Pradesh and for such consequential, incidental and supple-
mental matters as may, in the opinion of the Central Government, be
necessary to give effect to the provisions of sub-section (3).

(5) The State of Andhra Pradesh shall be liable to pay to each


of the new States of Mysore and Bombay on account of its share of
the paid-up capital of the Financial Corporation for the existing
State of Hyderabad such amount as the Central Government may,
by order, determine.
(6) As from the appointed day, the Financial Corporations estab-
lished under the State Financial Corporations Act, 1951, for the
existing States of Bombay and Saurashtra shall stand amalgamated
and shall be deemed to be the Financial Corporation established
under the said Act for the new State of Bombay.

(7) After consulting the Governments of the existing States of


Bombay and Saurashtra, the Central Government may, before the
appointed day, by notified order, provide for the constitution of the
Board of Directors of the Financial Corporation for the new State of
Bombay and for such consequential, incidental and supplemental
matters as may, in the opinion of the Central Government, be neces-
sary to give effect to the provisions of sub-section (6).
(8) The new State of Bombay shall be liable to pay to each of
the new States of Mysore and Rajasthan en account of its share of
the paid-up capital of the Financial Corporation for the existing
State of Bombay such amount as the Central Government may, by
order, determine.
103. (1) As from the appointed day, the Madras Industrial Invest- Provisions as
ment Corporation constituted for the existing State of Madras shall tos it d M uad-be
deemed to have been constituted for that State with its area as trial Invest-
altered by the provisions of Part II. ment Corpo-
ration.
(2) The State of Madras shall be liable to pay to each of the new
States of Kerala and Mysore on account of its share of the paid-up
capital of the said Corporation such amount as the Central Govern-
ment may by order determine.
101. With effect from the appointed day, the following amend- Amendment
ments shall be made in the Reserve Bank of India Act, 1934, of ACC 2 Of
z of 1934 namely:— 1931.

(1) in section 2, in the proviso to clause (f), for the words


"any Central co-operative society in that State to be a State co-
operative bank", the words "any one or more co-operative
48 States Reorganisation [Aux 37
regarding the formation of new co-operative societies and the
transfer thereto of the assets and liabilities of that society.
(3) If the scheme is sanctioned by a resolution passed by a
majority of the members present at the said meeting, either
without modifications or with modifications to which the Central
Registrar agrees, he shall certify the scheme and upon such cer-
tification, the scheme shall, notwithstanding anything to the con-
trary contained in any law, regulation or bye-law for the time
being in force, be binding on all the societies affected by the
scheme, as well as the shareholders and creditors of all such
societies.
(4) If the scheme is not sanctioned under sub-section (3),
the Central Registrar may refer the scheme to such Judge of the
appropriate High Court as may be nominated in this behalf by
the Chief Justice thereof, and the decision of that Judge in
regard to the scheme shall be final and shall be binding on all
the societies affected by , the scheme as well as the shareholders
and creditors of all such societies.
Explanation.—In this sub-section "appropriate High Court"
means the High Court within whose jurisdiction the principal
place of business of the multi-unit co-operative society is situat-
ed.
Power to 5B. The Central Government may, by notification in the
delegate.
Official Gazette, cheat that any power or authority exercisable
by the Central Registrar of Co-operative Societies under this Act
shall, in relation to such matters and subject to such conditions
as may be specified in the direction, be exercisable also by such
Registrar of Co-operative Societies of a State or by such officer
subordinate to the Central Government or to a State Government
as may be specified in the notification.".

Provision a5 106. (/) The State Electricity Board constituted under the Electri-
State Elec-
city(Supply) Act, 1948, for any of the existing States of Bombay. 54 of 1948.
tricity Madhya Pradesh and Saurashtra shall as from the appointed day
Boards and continue to function in those areas in respect of which it was func-
apportion-
ment of their tioning immediately before that day, subject to the provisions of this
assets and section and to such directions as may from time to time be issued
liabilities.
by the Central Government.

(2) Any directions issued by the Central Government under sub-


section (1) in respect of any such Board shall include a direction that
the said Act shall in its application to that Board have effect subject
to such exceptions and modifications as the Central Government
thinks fit.
OF 1956] States Reorganisation 49
(3) A State Electricity Board continued under sub-section (1) shall
cease to function as from, and shall be deemed to be dissolved on,
the 1st day of November, 1957, or such earlier date as the Central
Government may by order appoint; and upon such dissolution, its
assets and liabilities shall,—

(a) in the case of the Board for Saurashtra, pass to the State of
Bombay, and
(b) in the case of the Board for the existing State of
Bombay or Madhya Pradesh, be apportioned between the
successor States in such manner as may be agreed upon between
them within one year of the dissolution of the Board or if no
agreement is reached, in such manner as the Central Government
may by order determine.

(4) Nothing in the preceding provisions of this section shall be


construed as preventing the Government of any of the successor
States to the existing States of Bombay, Madhya Pradesh and Sau-
rashtra from constituting at any time after the appointed day a State
Electricity Board for that successor State under the provisions of
the said Act; and if such a Board is so constituted before the dis-
solution of a Board continued under sub-section (1) and functioning
in any part of that successor State,—
(a) provision may be made by order of the Central
Government enabling the new Board to take over from the
existing Board all or any of its undertakings, assets and liabilities
in that State, and
(b) upon the dissolution of the existing Board, any assets
and liabilities which would otherwise have passed to the succes-
sor State by or under the provisions of sub-section (3) shall pass
to the new Board instead of to the successor State.

107. If it appears to the Central Government that the arrange -


Continuance
m e n t i n r e g a r d t o t h e g e n e r a t i o n o r s u p p l y o f e l e c t r i c p o w e r ofo r t h e
of water for any area or in regard to the development of any regard to
project for such generation or supply has been or is likely to be a g n en d e s r n atil
modified to the disadvantage of that area by reason of the fact that of electric it
has been transferred by the provisions of Part II from the State P s Z e i y o n f d in
which the power stations and other installations for the genera- water.
tion and supply of such power, or the catchment arc-ca reservoirs and
other works for the supply of water, as the case may be, are located,
the Central Government may give such directions as it deems pro-
per to the State Government or other authority concerned for the
maintenance, so far as practicable, of the previous arrangement.
548 M. of Law 9
50 States R eorga nisation [ACT 37
Continuance 108. (1) Any agreement or arrangement entered into between the
of agree-
m e n t s a n d Central Govern men t and on e o r mo re ex isting States o r between
arrangements two or more existing States relating to—
relating to
certain
irrigation, (a) the administration, maintenance and operation of any
power Or
multi - pur - project executed before the appointed day, or
owe projects.
(b) the distribution of benefits, such as, the right to receive
and utilise water or electric power, to be derived as a result of
the execution of such project,
which was subsisting iminediately before the appointed day shall
continue in force, subject to such adaptations and modifications, if
any (being of a character not affecting the general operation of the
agreement or arrangement) as may be agreed upon between the Cen-
tral Government and the successor State concerned or between the
successor States concerned, as the case may be, by the 1st day of
November, 1957, or, if no agreement is reached by the said date, as
may be made therein by order of the Central Government.
(2) Where a project concerning one or more of the existing
States affected by the provisions of Part II has been taken in hand,
but not completed, or has been accepted by the Government of India
for inclusion in the Second Five Year Plan before the appointed day,
neither the scope of the project nor the provisions relating to its
administration, maintenance or operation or to the distribution of
benefits to be derived from it shall be varied,—

(a) in the case where a single successor State is concerned


with the project after the appointed day, except with the previ-
ous approval of the Central Government, and

(b) in the case where two or more successor States are con-
cerned with the project after that day, except by agreement
between those successor States, or if no agreement is reached,
except in such manner as the Central Government may by order
direct,
and the Central Government may from time to time give such direc-
tions as may appear to it to be necessary for the due completion of the
project and for its administration, maintenance and operation
thereafter.
(3) In this section, the expression "project" means a project
for the promotion of irrigation, water supply or drainage or for the
development of electric power or for the regulation or develop-
ment of any inter-State river or river valley,
o 1056] States Reorganisation
109. (1) Save as otherwise expressly provided by the foregoing General
provisions of this Part, where any body corporate has been constituted
under a Central Act, State Act or Provincial Act for an exist- tory corpo- ing
State the whole or any part of which is by virtue of the provi-
ration
s. sions of Part II transferred to any other existing State or to a new
State, then, notwithstanding such transfer, the body corporate shall, as
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.

110. (1) Notwithstanding anything Contained in section 63 GI the Temporary


4 o f 1 9 3 9 . M o tor Vehicles Act, 193 9, a permit g r a n ted b y t h e S ta t e o r a Re pr
g iovisions
onal
the coati-
Transport Authority in an existing State, the whole or any part of ace-I-ginecx9isft-

the territories of which is transferred to another existing State or to jag road


a new State shall, if such peimit was, immediately before the pp:in:port
appointed day, valid and effective in any area in the territories so
transferred, 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 any other State or Regional
Transport Authority for the purpose of validating it for use in such
transferred territories:
Provided that the Central Government may, after consultation
with the State Government or Governments concerned, add to,
amend or vary the conditions attached to the permit by the Autho-
rity 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 transferred territory 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 beyond the boundaries of the State in which such
permit was granted:
Provided that the Central Government may, after consultation
with the State Government or Governments concerned, authorise the
52 States Reorganisation [ACT 37

levy of any such toll, entrance fees or other charges, as the case
may be.
Sp zcial 111 Where on account of the reorganisation of the States under this
provision
relating to Act, any body corporate constituted under a Central Act, State Act or
retrench- Provincial Act, any co-operative society registered under any law
ment corn-
pensationr, relating to co-operative societies or any commercial or industrial
in certain undertaking of an existing State, is reconstituted or reorganised in any
cases.
manner whatsoever or is amalgamated with any other body corporate 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 undertaking is transferred to, or re-
employed by, any other body corporate or undertaking, then,
notwithstanding anything contained in section 25F of the Industrial
Disputes Act, 1947, such transfer or re-employ- 5 4 o f 1047 ment 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 imme-
diately before the transfer or re-employment; and
(b) the employer in relation to the body corporate 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 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.
Provision RS 112. (I) As from the appointed day, there shall be established in
to the
Devaswom the State of Madras a Devaswom Fund for the management of
Surplus Fund Hindu temples and shrines in the territories transferred to that State
of
Travancore. from the State of Travancore-Cochin.
(2) The assets as on the appointed day of the Devaswom Surplus
Fund constituted by section 26 of the Travancore-Cochin Hindu
Religious Institutions Act, 1950, shall be divided into two parts in the
ratio of 37 . 5 to 13 . 5 in such manner as the Central Government may,
by order, direct, and the smaller part shall, as from the appointed day,
be transferred to the Fund mentioned in sub-section (/).
Continuance 113. The Central Government may, in respect of the institutions
of facilities
in certain of the categories specified in the Sixth Schedule located in a new
State insti-
tutions. State or in the State of Andhra Pradesh or Madras, direct that such
facilities as may be specified in the direction shall be provided to
OF 1956] States Reorganisation 53
the Government and the people of one or more adjoining States for
such period as may be so specified; and thereupon those facilities
shall be provided for the said period upon such terms and
conditions as may be agreed upon between the State Governments
concerned before the 31st day of March, 1957, or, if no agreement
is reached by the said date, as may be fixed by order of the Central
Government.

PART X ,
PROVISIONS AS TO SERVICES
114. (1) In this section, the expression "State cadre"— Provisions
relating to
(a) in relation to the Indian Administrative Service, has All-India
the meaning assigned to it in the Indian Administrative Service Services. (Cadre)
Rules, 1954, and
(b) in relation to the Indian Police Service, has the meaning
assigned to it in the Indian Police Service (Cadre) Rules, 1954.
(2) As from the appointed day, there shall be constituted for
each of the new States a State cadre of the Indian Administrative
Service and a State cadre of the Indian Police Service.
(3) The initial strength and composition of each of the said
cadres shall be such as the Central Government may by order deter-
mine before the appointed day..
(4) The cadres of each of the said services for the existing States
of Bombay, Madhya Pradesh, Punjab and Vindhya Pradesh and for
the existin,g Part B States shall, as from the appointed day, cease to
exist, and the members of each of the said services borne on those
cadres shall be allocated to the State cadres of the same service for
the new States or for the other existing States 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 opera-
6i of 1951. tion after the appointed day of the All-India Services Act, 1951, or the
rules made thereunder in relation to the State cadres of the said
services constituted under sub-section (2) and in relation to the
members of those services borne on the said cadres.
115. (1) Every person who immediately before the appointed day
is serving in connection with the affairs of the Union under the Provisions
roetlhaetrinsgerto
administrative control of the Lieutenant-Governor of Chief Com-
vices. missioner in any of the existing States of Ajmer, Bhopal, Coorg,
Kutch and Vindhya Pradesh, or is serving in connection with the
affairs of any of the existing States of Mysore, Punjab, Patiala and
54 States Reorganisation [Au 37
East Punjab States Union and Saurashtra shall, as from that day, be
deemen to have been allotted to serve in connection with the affairs
of the successor State to that existing State.

(2) Every person who immediately before the appointed day is


serving in connection with the affairs of an existing State part of
whose territories is transferred to another State by the provisions
of Part II shall, as from that day, provisionally continue to serve in
connection with the affairs of the principal successor State to that
existing State, unless he is required by general or special order of
the Central Government to serve provisionally in connection with
the affairs of any other successor State.
(3) As soon as may be after the appointed day, the Central
Government shall, by general or special order, determine the suc-
cessor State to which every person referred to in sub-section (2)
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.
(4) Every person who is finally allotted under the provisions of
sub-section (3) to a successor State shall, if he is not already serving
therein be made available for serving in that successor State from
such date as may be agreed upon between the Governments con-
cerned, and in default of such agreement, as may be determined by
the Central Government.
(5) The Central Government may by order establish one or
more Advisory Committees for the purpose of assisting it in
regard to—
(a) the division and integration of the services among the
new States and the States of Andhra Pradesh and Madras; and
(b) the ensuring of fair and equitable treatment to all
persons affected by the provisions of this section and the proper
consideration of any representations made by such persons.
(6) The foregoing provisions of this section shall not apply in
relation to any person to whom the provisions of section 114 apply.
(7) Nothing in this section shall be deemed to affect after the
appointed day the operation of the provisions of Chapter I of Part
XIV of the Constitution in relation to the determination of the condi-
tions 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 to the case of any person referred to in
OF 1956] States Reorganisation 55
sub-section (1) or sub-section (2) shall not be varied to his disadvantage
except with the previous approval of the Central Government.

1 1 6 . (1 ) Every person who imme d i ately befo re th e appointed day 1 .: s r


o t o v e s i o v n o l is holding o r discharging the duties o f any po st o r o ffice in
connec- nuance o f tion with the affairs of the Union or o f an existing State
in an y tohthec erssmi n e area which on that d l a t y r . , falp4 thin another ex isting
State or a ne w po st s. Pa rt -A State o r a Pa rt -ate shall , except wh ere by
virtue o r in con sequence of the p rovisions of this Act such po st o r o f fice
ceases to exist on th at day, continue to hold th e same po st ; o r ) j offict inthe
othe r ex isting Stat e o r ne w Pa rt -A. St ate o r Pait t - CttStaXeThnkwh ich such
area is included on that d a y, and shall b e d e e me d a s f r o m t h a t d a y t o h av e
been duly appointed to such po st o r o f fice by th e Governme n t - o f, or other
app rop riate au thori t y in, such St ate, or b y the Central Govern me nt or other
app rop riate au thori t y in such Pa rt C , tbu riL 4 2 "` Stat e, as the case ma y be.

(2) Nothing in this section shall be deemed to prevent a com-


petent authority, after the appointed day, from passing in relation to
any such person any order affecting his continuance in such post or
office.

117. The Central Government may at any time before or after Power of Central
Gov. the appointed day give such directions to
any State Government as eminen t t o
may appear to it to be necessary for the purpose of giving effect to give direc-
the foregoing provisions of this Part and the State Government shall tions.
comply with such directions.
118. (1) The Public Service Commissions for the existing States Provisions gitbo2tsaeter.
of Bombay, Mysone, Punjab, Rajasthan and Travancore-Cochin shall as from
the appointed day, be deemed to be the Public Service Corn- vice com-
missions for the corresponding new States. missions.

(2) As from the appointed day, the Public Service Commissions


for the existing States of Hyderabad, Madhya Bharat, Madhya
Pradesh, Patiala and East Punjab States Union and Saurashtra shall
cease to exist.
(3) Every person holding office immediately before the appointed
day as chairman or other member of any of the Commissions men-
tioned in sub-section (2)—

(a) shall become a member, and if so specified also the


chairman, of such one of the Public Service Commissions for
the States of Andhra Pradesh, Bombay, Madhya Pradesh,
Punjab and Mysore as the President shall by order specify; and
56 States Reorganisation [Act 37
(b) shall, as such member or chairman, be entitled to receive
from the Government of the State conditions of service not less
favourable than those to which he was entitled under the pro-
visions applicable to him immediately before the appointed day.

(4) Every person Who becomes a member of a Public Service


Commission on the appointed day under sub-section (1) or sub-
section (3) shall, 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 imme-
diately before the appointed day.

PART XI
LEGAL AND MISCELLANEOUS PROVISIONS

Territorial 119. The provisions of Part II shall not be deemed to have effect-
extent of
laws. ed any change in the territories to which any law in force imme-
diately before the appointed day extends or applies, and territorial
references in any such law to an existing State shall, until otherwise
provided by a competent Legislature or other competent authority,
be construed as meaning the territories within that State immediately
before the appointed day.
Power to 120. For the purpose of facikatiugA25, ,, applI c ation of any law in
adapt laws.
relation to any of the Stateforme'd or territorially altered by the
provisions of Part II, the appropriate Government may, before the
expiration of one year from the appointed day, by order make such
adaptations and modifications of the law, whether by way of repeal
or amendment, as may be necessary or expedient, and thereupon
every such law shall have effect subject to the adaptations and
modifications so made until altered, repealed or amended by a
competent Legislature or other competent authority.
Explanation.—In this section, the expression "appropriate Government"
means—
(a) as respects any law relating to a matter enumerated in the Union
List, the Central Government; and
(b) as respects any other law,—
(1) in its application to a -Part---A State, the State Government,
and
in its application to a Part-C- - Sff4e, the Central
(ii)

Government. /4:1
Or 19563 States Reorganisation 57
121. Notwithstanding that no provision or insufficient p rov i s i on Power to
ia o w iltrue has been made under section
120 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 auswe of facilitating
its application in relation to any StaVornia or' territorially altered by
the provisions of Part II, 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. ,
lAltt frelAitatetai
122. The Central Government, as respects any Par1--C i -iState,'and Power
to the State Government as respects any new State or any transferred
territory, May by notification in the Official Gazette, specify the etc., for
authority, officer or person who, as from the appointed day, shall statutory
be competent to exercise such functions exercisable under any law f " ncti " s ' in
force on that day as may be mentioned in that notification and such law
shall have effect accordingly.
123. Where immediately before the appointed day, the Union or 1 -
ce e e z d a i l ag p s t m oan existing State is a party to any legal proceedings with
respect to any property, rights or liabilities subject to apportionment
under this Act, the successor State which succeeds to, or acquires a
share in, that property or those rights or liabilities by virtue of any pro-
vision of this Act shall be deemed to be substituted for the Union or the
existing State as a party to those proceedings, or added as a party
thereto, as the case may be, and the proceedings may continue
accordingly.
124. Any person who immediately before the appointed day, is Right of p p
Iea n cl u e s r e s i t n o enrolled as a pleader entitled
to practise in any subordinate courts r
in an existing State which is affected by the provisions of Part II certain
shall, for a period of six .months from that day, continue to be 'It'
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 another State.

125. (I) Every proceeding pending immediately before the Provisions as pr on ncdeirnt ga n
appointed day before a court (other than a High Court), tribunal, authority
or officer in any area which on that day falls within a proceedings State shall,
if it is a proceeding relating exclusively to any part of the ttrritories , whiclis
from that day are the territories of another State Ittlit a rita i ritre 4 Weg. to the
correspond' mg court, tribunal, autho-
rity or officer ha the other State& tirs rofircritite,45, a a re,ratst
(2) If any question arises as to whether any proceeding should
stand transferred under sub-section (I), it shall be referred to the
High Court having jurisdiction in respect of the area in. which the
court, tribunal, authority or officer before which or whom such
548 M. of Law io
58 States neorganisation [ACT 37
proceeding is pending on the appointed day, is functioning 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
a Statelirigaiir—la"thetit
(i) the court, tribunal, authority or officer in that Statebin
which, or before whom, the proceeding would have lain if the
proceeding had been instituted after the appointed day, or
(ii) in case,o4douip.t,s,uch court, tribunal, authority or officer in
that StatelaSigaY-filie-tleternied_hater the aippgntedg_daz by the
Government of that State;or beforeld appointed dayVby the
Government of the corresponding State, to be the corresponding
court, tribunal, authority or officer.

Declaration 126, (/) All ancient and historical monuments in Part C States •
Of certain
ancient which, before the 1st day of April, 1956, have either been declared
monuments, by the Central Government to be protected monuments within the
e t c . , i n P a r t meaning of the Ancient Monuments Preservation Act 1904 or i
C States to 7 0.. 1904.
be of na- which have been taken possession of by the Central Government as
tional im-
portance. protected monuments are hereby declared to be ancient and historical
monuments of national importance.

(2) All archaeological sites and remains in Part C States which,


before the 1st day of April, 1956 have either been declared by the
Central Government to be protected areas or which have been
taken possession of by the Central Government as protected areas
are hereby declared to be archaeological sites and remains of
national importance.

(3) With effect from the appointed day, the following amend:nents
shall be made in tne Ancient and Historical Monuments and
Archaeological Sites and Remains (Declaration of National Importance)
Act, 1951, namely:—
71 of 1951.
(a) in the long title, the words and letters "in Part A States
'rid Part B States" shall be omitted; and
(5) in the Schedule, in item I of Part I and item I of Part II,
for the words and letters "in Part A States and Part B States
which, before the commencement of this Act" the words and
figures "which, before the 1st day of April, 1956" shall be sub-
stituted.
OF 1956] States Reorganisation 59
127. The provisions of this Act shall have effect notwithstanding Effect.of the
provisions
anything inconsistent therewith contained in any other law. of the Act
inconsistent
with other
laws.
128. If any difficulty arises in giving effect to the provisions of Power to
this Act, the President may by order •do anything not inconsistent rdeirLies.
with such provisions which appears to him to be necessary or
expedient for the purpose of removing the difficulty.
129. (/) The Central Government may, by notification in the power to
Official Gazette, make rules to give effect to the provisions of this make mica '
Act.
(2) All rules made under this section shall be laid before both
Houses of Parliament as soon as may be after they are made.
130. (I) The Government of Part C States Act, 1951, is repealed Repeal
of ton.
with effect from the appointed day. Act 49
(2) The said repeal shall not affect any laws made by the Legis-
lature of a Part C State by virtue of any power conferred on that
Legislature by the Act so repealed, and all such laws in force imme-
diately before the appointed day shall continue in force, subject to
such adaptations and modifications as may be made therein under
section 120, until altered, repealed or amended by a competent
Legislature or other competent authority.

 THE FIRST SCHEDULE


[See section 28 (3)]
Every sitting member representing a constituency specified in
the first column of the Table below in the Legislative Assembly of
the existing State specified against it in the second column shall, as
from the appointed day, be deemed to have been elected to the
Legislative Assembly of the State specified against that constituency
in the third column and cease to be a member of the Legislative
Assembly of which he was a member immediately before that day:
TABLE
Name of Constituency Existing State State to which
transferred
(I) (2) (3)
1. Palanpur-Abu- Bombay . Bombay:
Vadagam-Danta.
2. Chandgad . Bombay . Bombay,
3. Halsur . . Hyderabad . Bombay,
4. Tddgir . . Hyderabad • Bombay,
6o States Reorganisation [ACT 37

(2) (3)
5. Kodangal . Hyderabad •

. Andhra Pradesh.
6. Tandur-Seram . Hyderabad • • Mysore.
7. Bidar . Hyderabad •
 Mysore.
8. Zahirabad Hyderabad • Andhra Pradesh.
9. Mudhol . Hyderabad • Andhra Pradesh
To. Deglur . Hyderabad • • Bombay.
ri. Kinwat . Hyderabad •
 Bombay.
12. Asifabad . Hyderabad • • Andhra Pradesh.
13. Bhanpura . Madhya Bharat . Madhya Pradesh
14. Panemangalore . Madras . . Mysore.

THE SECOND SCHEDULE


[See section 35 (2)]
MODIFICATIONS IN ME DELIMITATION OF COUNCIL
CONSTITUENCIES (MADRAS) ORDER, 1951
In the Table—
(a) for the entry relating to the Madras (Graduates) Constituency,
substitute:—
"Madras (Graduates) Entire State 4";
(b) for the entry in the second column relating to the
Madras (Teachers) Constituency, substitute "Entire State";
(c) in the third column, for the figure "3" wherever it occurs,
substitute "4"; and
(d) omit the entry . relating to the West Coast (Local
Authorities) Constituency.

THE THIRD SCHEDULE


[See section 40]

ALLOCATION OF SEATS IN THE HOUSE OF THE PEOPLE AND ASSIGNMENT OR


SEATS TO STATE LEGISLATIVE ASSEMBLIES
The number of ,ses_.ts in the House of the People to be allotted to “")r--
1,--(ere‘..Marape;
each of the States i k and the number of seats to bs , assigned to the
OF 1956] States Reorganisation f /ad e.AJ
Legislative Assembly of each .Part--A StateAshall be as shown in the following
Table:—
TABLE
Number of seats Number of seats
States in the House of in the Legisla-
the People tive Assembly
I. Andhra Pradesh 43 301
2. Assam . . 12 I o8
3. Bihar . 55 330-
4. Bombay 66 396
5. Kerala . . IS 126
6. Madhya Pradesh 36 288 -
7. Madras. 41 205
8. Mysore. 26 208
9. Ori§sa 20 140
I o. Punjab 22 154
TT. Rajasthan . 22 176
12. Uttar Pradesh 86 430
13. West Bengal . . 34 238
r4. Jammu and Kashmir 6
15. Delhi. . . . 5
16. Himachal Pradesh 4
17. Manipur . 2
18. Tripura . 2

THE FOURTH SCHEDULE


[See section 74(1)]

I. MODIFIED FORM OF SECTION 3 OF THE UNION DUTIES


OF EXCISE (DISTRIBUTION) ACT, 1953
3. (1) During the first half of the Financial year commencing on
t h e 1 s t d a y o f A p r i l , 1 9 5 6 , t h e r e s h a l l b e p a i d o u t o f t h e C o n s oDistribution
olf iadpar
a t -i of
On
ed Fund of India to each of the States Specified in column 1 of the d u l ti e s of ex_
Table below such percentage of the distributable Union duties of cise a i n ° 1 'g
the States.
excise for the half year as is set out against it in column 2:
TABLE
State Percentage
Andhra 5.92
Assam 2'61
62 States Reorganisation [ACT 37
State Percentage
Bihar ............................................................... 11.6o
Bombay 10-37
Hyderabad . 5'39
Madhya Bharat ................................................. 2.29
Madhya Pradesh ............................................... 6.13
Madras 10-30
Mysore 2 8
' 4
Orissa .............................................................. 4.22
Patiala and East Punjab States Union i.00
Punjab .................................................................... 3.66
Rajasthan 44 1
Saurashtra . 1-19
Trayaneore-Cochin r 68
Uttar Pradesh 18.23
West Bengal 7.16
(2) During the second half of the said financial year, there shall
be paid out of the Consolidated Fund of India to each of the States
specified in column 1 of the Table below such percentage of the
distributable Union duties of excise for the half yea} as is set out
against it in column 2 and such additional percentage, if any, of the
said duties as is set out against it in column 3:

TABLE
State Percentage Additional
percentage
Andhra Pradesh . 9.03 ..
Assam 2 ' 6 1 QV

Bihar ....................... it •6o ..


Bombay . . 12.57 1.19
Kerala . T49 2
- 42
Madhya Pradesh 6.25 ..
Madras 8'39 o•26
Mysore 2.90 2* 62
Orissa 4.22  d i

Punjab . . . 466 ..
Rajasthan . • 44 0
Uttar Pradesh 18.23
West Bengal 7.16
(3) For the purposes of this section—
(a) the first half and the second half of the financial year
commencing on the 1st day of April, 1956, shall be deemed to
OF: 1956] States Reorganisation 63
be the first seven months and the remaining five months, respec-
tively, of that financial year;
(b) the distributable Union duties of excise for the first half and for the
second half of the said financial year shall be deemed to be seven-
twelfths and five-twelfths, respectively, of the distributable Union
duties of excise for that financial year. II. MODIFIED FORM OF
PARAGRAPHS 3 AND 5 OF THE CONSTITUTION
(DISTRIBUTION OF REVENUES) ORDER, 1953
3. (1) For the purposes of clause (2) of article 270, the proceeds( te-e_e-'
-{acx
attributable to Part C States for the first half andAfor the second e
half, of the financial year commencing on the 1st day of April, 1956
shall be taken to be 2/ per cent. and 1 per cent. respectively, of so
much of the net proceeds of taxes on income for the half year as
does not represent the net proceeds of taxes payable in respect of
Union emoluments.
(2) The percentage of the net proceeds of taxes on income, except
in so far as those proceeds represent proceeds attributable to Part C
States or to taxes payable in respect of Union emoluments, which is
to be assigned to Part A States and Part B States (other than the
State of Jammu and Kashmir) under clause (2) of article 270 in the
first half of the said financial year shall be 55 per cent.; and the total
amount to be so assigned shall be distributed among the said States
as follows:—
State Percentage
Andhra 5'49
Assam 2 • 25
Bihar 975
Bombay 17' 50
Hyderabad . 4'50
Madhya Bharat 1'75
Madhya Pradesh ................................................ 5:25
Madras 9 : 56
Mysore 2 • 45
Orissa . 3:50
Patiala and East Punjab States Union 0 '75

Punjab. 3-25
Rajasthan 3'50
Saurashtra i-oo
Travancore-Cochin 2' 50
Uttar Pradesh 15:75
West Bengal it-25
64 .tates _Reorganisation [ACT 81
(3) The percentage of the net proceeds of the taxes on income,
.'Pa-rt
except in so or
-e-Stakes farthe
astaxes
thosepayable
proceeds represent proceeds
in respect attributable
Union to
pmQlutnents
e-
which is to be assigned to P-art-a StatesIneier cra'ase rz
of article
270 in the second half of the said financial year shall be 55 per cent.;
and the total amount to be so assigned shall be distributed among
the said States as follows:—

State Percentage Additional


percentage
Andhra Pradesh 8-09
Assam 2'25 •

Bihar ........................................... 9'75


Bombay 18 to I 'co
Kerala .......................................... I *38 2.26
Madhya Pradesh 5'14
Madras .................................... 7'79 0 • 24

Mysore . 3'74 225

Orissa . 35 0
Punjab ......................................... 4.00
Rajasthan 5.51
Uttar Pradesh '5 . 75
West Bengal II '25

(4) For the purposes of this paragraph—


(a) the first half and the second half of the financial year
commencing on the 1st day of April, 1956, shall be deemed to be
the first seven months and the remaining five months, res-
pectively, of that financial year;
(b) the net proceeds of taxes on income for the first half
and for the second half of the said financial year shall be
deemed to be seven-twelfths and five-twelfths, respectively, of
the net proceeds Of such taxes for that financial year.

5. (1) In accordance with the provisions of clause (1) of article


275, there shall be charged on the Consolidated Fund of India—
(a) in the first seven months of the said financial year, as
grants-in-aid of the revenues of each of the States specified
below, the sum specified against it:
OF 1956] States Reorganisation 65
(i) For general purposes—
Assam
 58.33 lakhs of rupees.
Mysore
 23.33 lakhs of rupees.
Orissa 43.75 lakhs of rupees.
Punjab 72.92 lakhs of rupees.
Saurashtra .
. 23.33 lakhs of rupees.
Travancore-Cochin 26.25 lakhs of rupees.
West Bengal
 46-67 lakhs of rupees.
(ii) For the expansion of primary education—
Bihar 48.42 lakhs of rupees.
Hyderabad . 23-33 lakhs of rupees.
Madhya Bharat . to'so lakhs of rupees.
Madhya Pradesh . 29.17 lakhs of rupees.
Orissa 18.67 lakhs of rupees:
Patiala and East Punjab States
Union . 5.25 lakhs of rupees.
Punjab 16-33 lakhs of rupees.
Rajasthan 23-33 lakhs of rupees.
(b) in the remaining five months of the said financial year, as grants in-
aid of the revenues of each of the States specified below, the sum specified
against it :
(i) For general purposes—
Assam 41.67 lakhs of rupees.
Mysore 16 .67 lakhs of rupees.
Orissa 3V25 lakbs of rupees.
Punjab • 52.08 lakhs of rupees.

Bombay • 16.67 lakhs of rupees.


Kerala 16 • 93 lakhs of rupees.
Madras I •82 lakhs of rupees.
West Bengal 33.33 lakhs of rupees.
(ii) For the expansion of primary education—
Bihar 34.58 lakhs of rupees.
Andhra Pradesh . 9.62 lakhs of rupees.
Mysore . 2.41 lakhs of rupees.
Bombay . I2 10 lakhs of rupees:
Madhya Pradesh • 20 • 98 lakhs of rupees.
Orissa
 13-33 lakhs of rupees.
Punjab
 15.42 lakhs of rupees.
Rajasthan .
 16.56 lakhs of rupees. (2)
There shall also be charged on the Consolidated Fund of India—
(a) in the first seven months of the said financial year, as
grants-in-aid of each of the States of Mysore, Saurashtra and
66 States Reorganisation [ACT 37
Travancore-Cochin, the sum by which the total of the amounts
payable to that State under sub-paragraph (2) of paragraph 3 of this
Order and under sub-section (/) of section 3 of the Union Duties of
Excise (Distribution) Act, 1953 falls short of 201.25 lakhs of
rupees, 160 - 42 lakhs of rupees and 163-33 lakhs of rupees,
respectively; and
(b) in the remaining five months of the said financial year, as
grants-in-aid of each of the States of Mysore, Bombay, Kerala and
Madras, the sum by which the total of the amounts payable to that
State as additional percentages under sub-paragraph (3) of
paragraph 3 of this Order and under sub-section (2) of section 3 of
the said Act falls short of 143-75 lakhs of rupees, 114 - 58 lakhs of
rupees, 105-38 lakhs of rupees and 11-29 lakhs of rupees,
respectively.
(3) Any sum or sums payable under this paragraph shall be in
addition to any sum or sums payable to the States under each of the
provisos to clause (1) of article 275

THE FIFTH SCHEDULE

[See section 86j


APPORTIONMENT OF LIABILITY IN RESPECT OF PENSIONS
1. Subject to the adjustments mentioned in paragraph 3, the
successor State or each of the successor States shall, in respect of
pensions granted before the appointed day by an existing State, pay
the pensions drawn in its treasuries.
2. Subject to the said adjustments, the liability in respect of pen-
sions of officers serving in connection with the affairs of an existing
State who retire or proceed on leave preparatory to retirement before
the appointed day, but whose claims for pensions are outstanding
immediately before that day, shall be the liability of the successor
State, or, if there be two or more successor States, of such one of
them as the Central Government may by order specify.
3. In any case where there are two or more successor States,
there shall be computed, in respect of the period commencing on the
appointed day and ending on the 31st day of March, 1957 and in
respect of each subsequent financial year, the total payments made
in all the successor States in respect of the pensions referred to in
paragraphs 1 and 2. That total representing the liability of the
existing State in respect of pension shall be apportioned between
the successor States in the population ratio and any successor State
OF 1956] States Reorganisation 67
paying more than its due share shall be reimbursed the excess
amount by the successor State or States paying less.
4. (I) The liability in respect of the pension of any officer
serving immediately before the appointed day in connection with
the affairs of an existing State and retiring on or after that day,
shall be that of the successor State granting the pension; but the
portion of the pension attributable to the service of any such
officer before the appointed day in connection with the affairs of
that existing State shall, if there be two or more successor States,
be allocated between them in the population ratio, and the
Government granting the pension shall be entitled to receive from
each of the other successor States its share of this liability.
(2) If any such officer was serving after the appointed day in
connection with the affairs of more than one successor State, the
successor State or States other than the one granting the pension
shall reimburse to the Government by which the pension is granted
an amount which bears to the portion of the pension attributable to
his service after the appointed day the same ratio as the period of his
qualifying service after the appointed day under that successor State
bears to the total qualifying service of such officer after the
appointed day reckoned for the purposes of pension.
(3) In 'reckoning the said total qualifying service, any service of
such officer before the appointed day in connection with the affairs
of the Union under the administrative control of the Lieutenant-
Governor or Chief Commissioner in any of the existing States of
Ajmer, Bhopal, Coorg, Kutch and Vindhya Pradesh shall be added
as if the said service had been service after the appointed day in
connection with the affairs of the successor State to that existing
State.
5. Any reference in this Schedule to a pension shall be construed as
including a reference to the commuted value of the pension.

THE SIXTH SCHEDULE


(See section 113)
(1) Engineering Colleges and Schools of Technology.
(2) Medical Colleges.
(3) Agricultural Colleges.
(4) Veterinary Colleges.
(5) Government hospitals providing for special treatment, such as
(i) tuberculosis hospitals and sanatoria,
(ii) Cancer hospitals,
68 States Reorganisation [ACT 37
(iii) radium institutes,
(iv) mental hospitals,
(v) leprosy hospitals and sanatoria, and
(vi) hospitals providing for Unani or Ayurvedic treatment.
(6) Research Institutes, such as,—
(1) irrigation research institutes,
(ii) Government analysts' departments, and
(iii) serum institutes.
(7) Central Jails.
(8) Borstal Schools, Refoimatory Schools and Certified Schools.
(9) Police Training Colleges and Institutes.
(10) Fire Services Training Schools.
(11) Hostels for Scheduled 'Castes, Scheduled Tribes and Backward
Classes.
(12) Photo Registry Offices.
(13) Central Records Offices.
(14) Forest Schools.
(15) Finger Print Bureaux.

GIPND—M-50 NI of 1_4w-15-10-56-2,000
[Adaptations made by the Adaptation of Laws (No. i)
Order, 1956]
THE STATES REORGANISATION ACT, 1956
ACT No. 37 OP 1956
Section 2.--In clause (i) omit "Part A".
Section 5.--Omit "Part A".
Section 6.--For "new Part C State" substitute "Union territory".
Sections 7, 8, 9, 10 and 11.—Omit "Part A". Omit
section 14.
Section 15.—In clauses (a) and (c), for "Part C States" substi-
tute "Union territories".
Section 16.—In sub-section (1) (c), for "Part C State" substitute
"Union territory", and for "such State", substitute "such territory".
Section GO.—In sub--sections (1) and (2), for "Part C State" substitute
"Union territory".
Section 75.—For "Part C State" substitute "Union territory".
Section 116.—Omit "Part A" wherever it occurs, and for "Part C
State" wherever it occurs substitute "Union territory".
Section 120.—After "any of the States" insert "or Union territo-
ries"; and in clause (b) of the Explanation, omit "Part A" and for
"Part C State" substitute "Union territory".
Section 121.—After "in relation to any State" insert "or Union
territory".
Section 122.—Fer "Part C State" substitute "Union territory".
Section 125.—In sub-section (1), after "territories of another
State" insert "or form a Union territory" and after "in the other
State" insert 'for the Union territory, as the case may be".
In clause (b) of sub-section (3), after "in a State" insert "or
Union territory", after "in that State" occurring in both the places
insert "or Union territory" and after "of that State" insert "or the
Central Government, as the case may be".
The Third Schedule. — In the opening paragraph, after "each of
the States" insert "and Union territories" - and for "Part A State"
substitute "State other than Jammu and Kashmir".
In the Table, omit the heading "States".
The Fourth Schedule—Under the heading "II. Modified form of
paragraphs 3 and 5 cf the Constitution (Distribution of Revenues)
Order, 1953", in sub-paragraph (1) of paragraph 3, after "first half
and" insert "to Union territories" and in sub-paragraph (3) of
paragraph 3, - for "Part C States" substitute "Union territories"
and for "Part A States" substitute "States (other than the State 04'
Yammu and Kashmir)".
P

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