Eastern Book Company: Lucknow
Eastern Book Company: Lucknow
Sections
1. ShorttitleDefinitions
2.
REORGANISATION OF
PART II
Pages 1 1
THE
STATE
OF
UTTAR
PRADESH
4. 3.
State Formation of
Uttar ('f
Uttaranchal Pradesh
and
State. territorial
divisions
thereof
..
2
5. Amendment of the First Schedule to the Constitution ..
2 2
6.
Saving
powers
of
State
Governments PART
III
REPRESENTATION
IN
THE
LEGISLATURES
The
Council
of
States
7.
Amendment
of
the
Fourth
Schedule
to
the
Constitution
..
2
2
8.
Allocation
of
sitting
of
the
People
10. 9.
Delimitation Representation
of
of and the
Assembly People.
Constituencies.
11.
Provision
as
to
sitting
Assembly
3 3 3 3 3
4 4
of as
Legislative Assemblies.
Assembly
of
Uttaranchal
of
of
Uttar
Pradesh
4 4
18. 19. Legislative Amendment Council the of Delimitation of Uttar Pradesh.of Council Constituencies. .
20. 21.
Provision J)pnlltv
rh~irm~n as
to
certain
sitting
members
--r--J
Delimitation of constitutencies
5 5 5
CONTENTS
IV
Sections
23.
Pages
of Election Commission to maintain Delimitation Orders up-to-date Scheduled Castes and Scheduled Tribes
Power
6 6 6
24.25.
Amendment
of
the
Scheduled
Castes
Order.
...
Amendment
of
the
Scheduled
Tribes
Order.
...
PART
IV
HIGH
COURT
High
Court Council
and
advocates
7
7 7
Practice and procedure in Uttaranchal High Court. .
Custody
of
seal
of
Uttaranchal
High
Court.
...
32. 33.
34. 35.
of
to processes Supreme
Court.
...
8 8 8 8 8
Transfer
of
proceedings
from
Allahabad
High
Court
to
Right
Uttaranchal to
appear
High or
to
Court act
in
proceedings
transferred
to
High
Court
9
9
Q
37. 38.
PART V
AUTHORISATION OF EXPENDITURE AND DISTRIBUTION OF REVENUES
39.
Authorisation
of
expenditure
of
Uttaranchal
State.
...9
40.
Reports
relating
to
accounts
of
Uttar
Pradesh
State.
...10
41.
Distribution
of
revenue
10
PART VI
APPORTIONMENT 43. 42. Land Application and goods of Part OF ASSETS """ AND LIABILITIES
certain advances
funds.
...
48.
Assets
and
liabilities
of
State
undertakings.
...
49.
Public
Debt
10 10 11 11 12 12 12 13
36.
CONTENTS
Sections 50. ]
51.
52.
Items Contracts Pensions Refund Floating Residuary Liability Provident Deposits, Apportionment
in
of
of collected
assets of
actionable
or in
liabilities excess.
wrong.
by
agreement.
...
]
"
53. 54.
55. I
56.
57.
58. 59.
60.
61.
Power of Central Government to order allocation or adjustment Certain in certain expenditure cases to be charged on Consolidated Fund ..
Pages 13 13 14 14 14 14 15 15 15 15 15
PART VII
PROVISIONS AS TO CERTAIN CORPORATIONS
Provisions Continuance
for
of
Power arrangements
Corporation
in
regard Limited,
to
etc generation
and
16
supply
of
electric
power
and
supply
of
water.
...
65.66.67.
Provisions Provisions Temporary General
as
to
Uttar
Pradesh
State
Financial
Corporation.
provision as provisions to
certain
as
to
as Companies statutory to
continuance
Corporations
of
certain
existing
19
68.
Special road provisions transport permits relating to retrenchment compensation
19
...
Special
in
certain
provision
cases
as
to
Income-tax.
...I'.
202021
71
Continuance
of
facilities
in
certain
States
institutions.
.;
PARTVIII
PROVISIONS AS TO SERVICES
7.,
provisions
relating relating as
to
continuance to relating
other All
to India
services. Services of
Services. officers
in
same
post.
...
74.75. 76.
77
Power Advisory
of
Committees Central
Government
to
give
directions.
...
78.
Provisions
as
to
State
Public
Service
Commission.
..,
21 21 22 22 22 23 23
VI
ACT, 2000
Sections
PART IX MANAGEMENT AND DEVELOPMENT OF WATER RESOURCES
Pages
79.
Water
Resources
Development
and
its
Management.
...
23
.
80.
Constitution
and
functions
qf
the
Ganga
Management
Board.
24
of
of
the
to
of
the
River
Yamuna
..
25
26 26 26
PART X
LEGAL AND MISCELL4NEOUS PROVISIONS 87. 89. 88. 86. 85. Power Territorial Amendment to name extent construe adapt of authorities lawsSection laws of Laws 15 etc., of Act for 37 exercising of 1956 statutory functions
to
practise of proceedingsthe
Act
in
inconsistent certain
cases.
with
other
laws.
Power
remove
difficulties
.,
26 26 26 27 27 27 27 28 28 28 28 29 30 33
33
35 35 36
SCHEDULE X IX .."
37
40
Definitions.-In this Act, unless the context otherwise requires,(a) "appointed day" means the day which the Central Government may, by notification in the Official Gazette, appoint; (b) "article" means an article of the Constitution; (c) "assembly constituency", "council constituency" and "parliamentary constituency" have the same meanings as in the Representation of the People Act 1950; (d) "Election Commission" means the Election Commission appointed by the President under Article 324; (e) "existing State of Uttar Pradesh" means the State of Uttar Pradesh as existing immediately before the appointed day; (f) "law" includes any enactment, ordinance, regulation, order, bye-law, rule, scheme, notification or other instrument having, immediately before the appointed day, the force of law in the whole or in any part of the existing State of Uttar Pradesh; (g) "notified order" means an order published in the Official Gazette; (h) "population ratio", in relation to the States of Uttar Pradesh and Uttaranchal, means the ratio of 1321:70; (i) "sitting member", in relation to either House of Parliament or of the Legislature of the existing State of Uttar Pradesh, means a person who immediately before the appointed day, is a member of that House; (]) "successor State", in relation to the existing State of Uttar Pradesh, means the State of Uttar Pradesh or Uttaranchal; (k) "transferred territory" means the territory which on the appointed day is transferred from the existing State of Uttar Pradesh to the State of Uttaranchal; (l) "treasury" includes a sub-treasury; and (m) any reference to a district, tehsil or other territorial division of the existing State of Uttar Pradesh shall be construed as a reference to the area comprised within that territorial division on the appointed day.
Uttar
[S.3
PARTII REORGANISATIONOF THE STATE OF UTTAR PRADESH. 3. Formation of Uttaranchal State.-On and from the appointedday, there shall be formed a new Stateto be known as the Stateof Uttaranchal comprisingthe following territoriesof the existingStateof Uttar Pradesh, namely:Pauri Garhwal,Tehri Garhwal,Uttar Kashi, Chamoli, Dehradun,Nainital, Almora, Pithoragarh, Udham Singh Nagar, Bageshwar, Champawat, Rudraprayag Hardwar districts, and and thereuponthe said territories shall ceaseto form part of the existing Stateof Uttar Pradesh. 4. State of Uttar Pradeshand territorial divisions thereof.-On and from the appointed day, the State of Uttar Pradeshshall comprisethe territories of the existing Stateof Uttar Pradesh otherthanthosespecifiedin Section3. 5. Amendment of the First Scheduleto the Constitution.-On and from the appointedday, in the First Schedule the Constitution,underthe heading"I. THE to STATES".(a) in the paragraph relating to the territoriesof the Stateof Uttar Pradesh, after the words,bracketsand figures "clause (a) of sub-section of Section3 (1) of the Bihar and Uttar Pradesh(Alteration of Boundaries)Act, 1968", the following shallbe inserted, namely:"and the territories specified in Section 3 of the Uttar Pradesh Reorganisation Act, 2000"; (b) after entry 26, the following entry shallbe inserted, namely:"27. Uttaranchal : The territories specified in Section 3 of the Uttar Pradesh Reorganisation 2000.". Act, 6. Saving powers of State Governments.-Nothing in the foregoing provisions of this Part shall be deemedto affect the power of the Government of Uttar Pradeshor Uttaranchalto alter, after the appointedday, the name, area,or boundaries any district or otherterritorial division in the State. of
PART III
REPRESENTATION THE:LEGISLATURES IN The Council of States 7. Amendment of the Fourth Scheduleto the Constitution.-On and from the appointedday, in the FourthSchedule the Constitution,in the Table,to (a) entries 17to 28 shallbe remembered entries18 to 29 respectively; as (b) in entry 16, for the figures "34", the figures "31" shallbe substituted; (c) after entry 16,the following entry shallbe inserted, namely:"17.Uttaranchal 3". 8. Allocation of sitting members.-(I) On and from the appointed day, thirty-four sitting members the Councilof States of representing existingStateof the Uttar Pradesh shall be deemedto have beenelectedto fill the seatsallotted to the Statesof Uttar Pradesh and Uttaranchal, specified in the First Scheduleto this as Act. (2) The term of office of suchsitting membersshall remainunaltered.
s.
TheHouse of the People 9. Representation in the House of the People.-On and from the appointed day,there shallbe allocated80 seats the successor to Stateof Uttar Pradesh, 5 to and the successorState of Uttaranchal, in the House of the People, and the First Scheduleto the Representation the People Act, 1950 shall be deemedto be of amended accordingly. 10. Delimitation of Parliamentary and AssemblyConstituencies.-On and from the appointed day, the Delimitation of Parliamentary and Assembly Constituencies Order, 1976,shallstandamended directedin the Second as Schedule to this Act. 11. Provision as to sitting members.-(l) Every sitting member of the House of the People representinga constituencywhich, on the appointedday by virtue of the provisions of Section 10, standsallotted, with or without alterationof boundaries, the successor to Stateof Uttar Pradesh Uttaranchal,shall be deemed or to have beenelectedto the Houseof the Peopleby that constituency so allotted. as (2) The termof office of suchsitting members shall remainunaltered. TheLegislativeAssembly 12. Provisions as to Legislative Assemblies.-(l) The numberof seats on as the appointedday in the LegislativeAssemblies the Statesof Uttar Pradesh of and Uttaranchalshallbe four hundredandthreeand seventy respectively. (2) In the SecondSchedule the Representation the PeopleAct, 1950,under to of heading "I States"(a) entries25 and 26 shallbe renumbered entries26 and 27 respectively; as (b) after entry 24, the following entry shallbe inserted, namely:"25.Uttaranchal 70".
,
(c) in entry 26 as so renumbered, the figures "425", the figures "403" for shallbe substituted. 13. Allocation of sitting members.-(l) Every sitting member of the Legislative Assemblyof the existing Stateof Uttar Pradesh electedto fill a seatin that Assembly from a constituencywhich on the appointedday by virtue of the provisionsof Section10 standsallotted,with or without alterationof boundaries, to the Stateof Uttaranchalshall, on and from that day, ceaseto be a memberof the Legislative Assemblyof Uttar Pradeshand shallbe deemed have beenelectedto to fill a seat in the provisional Legislative Assembly of Uttaranchal from that constituency so allotted. as (2) All other sitting membersof the Legislative Assemblyof the existing State of Uttar Pradeshshall continueto be members the Legislative Assemblyof that of State and any such sitting memberrepresenting constituencythe extent or the a nameand extentof which are alteredby virtue of the provisionsof Section10 shall be deemed have beenelectedto the LegislativeAssembly Uttar Pradesh that to of by constituency so altered. as (3) Notwithstandinganything containedin any other law for the time being in force, the Legislative Assemblies Uttar Pradesh Uttaranchalshallbe deemed of and to be duly constitutedon the appointed day.
(S.14
(4) The sitting memberof the Legislative Assemblyof the existing State of Uttar Pradesh nominated to that Assembly under Article 333 to representthe Anglo-Indian community shall be deemedto have beennominatedto represent the said community in the Legislative Assembly Uttar Pradeshunderthatarticle. of 14. Composition of provisional Legislative Assemblyof Uttaranchal.-(I) On and from the appointedday and until the Legislative Assemblyof the successor Stateof Uttaranchalhas beenduly constitutedand summoned meetfor the first to session underthe provisionsof the Constitution,a provisionalLegislative Assembly of the State of Uttaranchal,consisting of the twenty-two sitting membersof the Legislative Assemblyand nine membersof the Legislative Council of the existing State of Uttar Pradesh representing the Assembly constituencies or Council constituencies the territories transferred virtue of the provisions of Section3 of by shallbe constituted. (2) The provisional Legislative Assembly of the State of Uttaranchal shall exerciseall the powersand perform all the dutiesconferredby the provisionsof the Constitutionon the Legislative Assemblyof thatState. (3) The term of office of the members the provisionalLegislative Assembly of of the State of Uttaranchalshall, unlessthe said Legislative Assemblyis ~ooner dissolved,expire immediatelybefore the first meetingof the Legislative Assembly of the Stateof Uttaranchal. 15. Duration of Legislative Assemblies.- The period of five yearsreferred to in clause (I) of Article 172 shall, in the caseof the Legislative Assemblyof the State of Uttar Pradesh,be deemedto have commencedon the date on which it actuallycommenced the caseof the Legislative Assemblyof the existing State. in of Uttar Pradesh. 16. Speaker and Deputy Speaker.-(I) The persons ~ho immediately before the appointed day are the Speakerand Deputy Speakerof the Legislative Assemblyof the existing Stateof Uttar Pradesh shallcontinueto be the Speaker and Deputy Speaker respectively that Assemblyon and from thatday. of (2) As soon as may be after the appointed day, the provisional Legislative Assemblyof the successor Stateof Uttaranchal shall choosetwo membersof that Assemblyto be respectivelySpeaker and Deputy Speaker thereofand until they are so chosen, dutiesof the office of Speaker the shallbe performedby suchmember of the Assemblyasthe Governormay appointfor the purpose. 17. Rules of procedure.- The rules of procedure and conductof business of the Legislative Assembly of Uttar Pradeshas in force immediately before the appointed day shall, until rules are made underClause (I) of Article 208, be the rules of procedure and conduct of business of the Legislative Assembly of Uttaranchal,subjectto suchmodificationsand adaptations may be made therein as by the Speaker thereof. TheLegislativeCouncil of Uttar Pradesh 18. Legislative Council of Uttar Pradesh.-On and from the appointedday, there shall be ninety-nine seatsin the Legislative Council of Uttar Pradesh, and in the Third Scheduleto the Representation the PeopleAct, 1950,for the existing of entry 8, the following entry shallbe substituted, namely:"8. Uttar Pradesh 99,36,883710".
S.22
19. Amendment of the Delimitation of Council Constituencies.-On and from the appointed day, the Delimitation of the Council Constituencies(Uttar Pradesh) Order,1951 shallstandamended directedin the Third Schedule. as 20. Provision as to certain sitting members.-(l) On and from the appointedday, the sitting members the Legislative Council of the existing State of of Uttar Pradeshspecified in the Fourth Scheduleto this Act shall ceaseto be membersof that Council and shall be deemed be the members the provisional to of LegislativeAssembly. (2) On and from the appointed day, all sitting membersof the Legislative Council of the existing Stateof Uttar Pradeshother than thosereferredto in subsection(1) shallcontinueto be members thatCouncil. of (3) The termof office of the members referredto in sub-section shall remain (2) unaltered. 21. Deputy Chairman.- The personwho immediatelybefore the appointed day is the Deputy Chairmanof the Legislative Councilof the existing Stateof Uttar Pradeshshall continue to be the Deputy Chairman,on and from that day of that Council.
Delimitation of constituencies 22. Delimitation of constituencies.-(I) For the purpose of giving effect to the provisions of Section 12, the Election Commission shall determine in the manner hereinafter provided(a) the number of seats to be reserved for the Scheduled Castes and the Scheduled Tribes in the Legislative Assemblies of the States of Uttar Pradesh and Uttaranchal, respectively, having regard to the relevant provisions of the Constitution; (b) the assembly constituencies into which each State referred to in clause (a) shall be divided, the extent of each of such constituencies and in which of them seats shall be reserved for the Scheduled Castes or for the Scheduled Tribes; and (c) the adjustments in the boundaries and description of the extent of the parliamentary constituencies in each State referred to in clause (a) that may be necessary or expedient. (2) In determining the matters referred to in clauses (b) and (c) of sub-section (I), the Election <;::ommission shall have regard to the following provisions,
namely:(a) all the constituencies shall be single member constituencies; (b) all constituencies shall as far as practicable, be geographically compact areas, and in delimiting them, regard shall be had to physical features, existing boundaries of administrative units, facilities of communication and conveniences to the public; and (c) constituencies in which seats are reserved for the Scheduled Castes and the Scheduled Tribes shall, as far as practicable, be located in areas where the proportion of their population to the total population is the largest.
[S.23
(3) The Election Commission shall, for the purpose of assisting it in the performance of its f~nctions. under sub-section (1), associate with itself as associate members, five persons as the Central Government may by order specify, being persons who are members of the Legislative Assembly of the State or of the House of the People representing the State: Provided that none of the associate members shall have a right to vote or to sign any decision of the Election Commission. (4) If, owing to death or resignation, the office of an associate member falls vacant, it shall be filled as far as practicable, in accordance with the provisions of sub-section (3). (5) The Election Commission shall(a) publish its proposals for the delimitation of constituencies together with the dissenting proposals, if any, of any associate member who desires publication thereof in the Official Gazette and in such other manner as the Commission may consider fit, together with a notice inviting objections and suggestions in relation to the proposals and specifying a date on or after which the proposals will be further considered by it; (b) consider all objections and suggestions which may have been received by it before the date so specified; and (c) after considering all objections and suggestions which may have been received by it before the date so specified, determine by one or more orders the delimitation of constituencies and cause such order or orders to be published in the Official Gazette; and upon such publication, the order or orders shall have the full force of law and shall not be called in question in any court. (6) As soon as may be after such publication, every such order relating to assembly constituencies shall be laid before the Legislative Assembly of the concerned State. 23. Power of Election Commission to maintain Delimitation Orders upto-date.-(l) The Election Commissions may, from time to time, by notification in the Official Gazette,(a) correct any printing mistakes in any order made under Section 22 or any error arising therein from inadvertent slip or omission; and (b) where the boundaries or name of any territorial division mentioned in any such order or orders is or are altered, make such amendments as appear to it to be necessary or expedient for bringing such order up-to-date. (2) Every notification under this section relating to an assembly constituency shall be laid, as soon as may be after it is issued, before the concerned Legislative
Assembly. Scheduled Castes Scheduled and Tribes 24. Amendment of the Scheduled Castes Order.-On and from the appointed day, the Constitution (Scheduled Castes) Order, 1950, shall stand amended directedin the Fifth Schedule this Act. as to 25. Amendment of the Scheduled Tribes Order .-On and from the appointed day, the Constitution (Scheduled Tribes) Order, 1950, shall stand amended directedin the SixthSchedule this Act. as to
S.29
HIGH COURT
"7
PARTIV HIGH COURT 26. High Court of Uttaranchal.-(l) As from the appointedday, there shall be a separate High Court for the Stateof Uttaranchal(hereinafter referredto as "the High Court of Uttaranchal") and the High Court of Judicatureat Allahabad shall becomethe High Court for the Stateof Uttar Pradesh (hereinafter referredto as the High Court at Allahabad). (2) The principal seatof the High Court of Uttaranchalshallbe at suchplaceas the Presidentmay,by notified order,appoint. (3) Notwithstanding anything contained in sub-section(2), the Judges and division courts of the High Court of Uttaranchal may sit at such other place or places in the State of Uttaranchalother than its principal seatas the Chief Justice may, with the approvalof the Governorof Uttaranchal, appoint. 27. Judgesof Uttaranchal High Court.-(I) Suchof the Judges the High of Court at Allahabadholding office immediatelybefore the appointedday as may be determinedby the Presidentshall on thatday cease be Judges the High Court at to of AllahabadandbecomeJudgesof the High Courtof Uttaranchal. (2) The personswho by virtue of sub-section(1) becomeJudgesof the High Court of Uttaranchal shall, except in the case where any such person is appointed to be the Chief Justice of that High Court, rank in that Court according to the priority of their respectiveappointmentsas Judgesof the High Court at Allahabad. 28. Jurisdiction of Uttaranchal High Court.-The High Court of Uttaranchalshall have, in respectof any part of the territories included in the State of Uttaranchal,all suchjurisdiction, powersand authorityas, underthe law in force immediatelybefore the appointedday, are exercisablein respectof that part of the saidterritories by the High Court at Allahabad. 29. Special provision relating to Bar Council and advocates.-(l) On and from the appointedday, in the AdvocatesAct, 1961,in Section3, in sub-section (1), in clause (a), for the words "and Uttar Pradesh", the words "Uttar Pradesh and Uttaranchal" shallbe substituted. (2) Any personwho immediatelybefore the appointedday is an advocateon the roll of the Bar Council of the existing State of Uttar Pradeshmay give his option in writing, within one year from the appointedday to the Bar Council of such existing State, to transfer his name on the roll of the Bar Council of Uttaranchaland notwithstanding anything contained in the Advocates Act, 1961 and the rules made thereunder,on suchoption so given his name shall be deemed to have beentransferredon the roll of the Bar Council of Uttaranchal with effect from the date of the option so given for the purposes the said Act and the rules of madethereunder. (3) The personsother than the advocates who are entitled immediatelybefore the appointed day, to practise in the High Court at Allahabad or any subordinate court thereof shall, on and after the appointedday, be recognised suchpersons as entitled also to practise in the High Court of Uttaranchalor any subordinatecourt thereof,asthe casemaybe.
[S.30
(4) The right of audiencein the High Courtof Uttaranchalshallbe regulatedin accordance with the like principles as immediatelybefore the appointedday are in force with respect the right of audience the High Court at Allahabad. to in 30. Practice and procedure in Uttaranchal High Court.-Subject to the provisions of this Part, the law in force immediatelybefore the appointedday with respectto practice and procedurein the High Court at Allahabad shall, with the necessarymodifications, apply in relation to the High Court of Uttaranchal,and accordingly,the High Court of Uttaranchalshallhave all suchpowersto makerules and orders with respectto practice and procedureas are immediatelybefore the appointedday exercisable the High Court at Allahabad: by Provided that any rules or orders which are in force immediatelybefore the appointedday with respect practiceandprocedurein the High Court at Allahabad to shall, until varied or revoked by rules or orders made by the High Court of Uttaranchal, apply with the necessary modifications in relation to practice and procedurein the High Court of Uttaranchal if madeby thatCourt. as 31. Custody of seal of Uttaranchal High Court.-The law in force immediatelybefore the appointedday with respect the custodyof the sealof the to High Court at Allahabad shall, with the necessary modifications,apply with respect to the custodyof the sealof the High Courtof Uttaranchal. 32. Form of writs and other processes.-The law in force immediately before the appointedday with respect the form of writs and otherprocesses to used, issued or awarded by the High Court at Allahabad shall, with the necessary modifications, apply with respectto the form of writs and other processes used, issuedor awarded the High Court of Uttaranchal. by 33. Powers of Judges.-The law in force immediatelybefore the appointed day relating to the powersof the Chief Justice,Single Judges and division courts of the High Court at Allahabadand with respect all mattersancillaryto the exercise to of thosepowersshall, with the necessary modifications,apply in relationto the High Court of Uttaranchal. 34. Procedure as to appeals to Supreme Court.- The law in force immediatelybeforethe appointed relating to appeals the SupremeCourt from day to the High Court at Allahabadand the Judgesand division courts thereof shall, with the necessary modifications,apply in relationto the High Courtof Uttaranchal. 35. Transfer of proceedings from Allahabad High Court to Uttaranchal High Court.-(I) Except as hereinafterprovided, the High Court at Allahabad shall, as from the appointedday, have no jurisdiction in respectof the transferred territory. (2) Such proceedingspending in the High Court at Allahabad immediately before the appointedday as are certified, whetherbefore or after that day, by the Chief Justiceof that High Court, having regardto the place of accrualof the cause of action and other circumstances, be proceedings to which ought to be heard and decided by the High Court of Uttaranchal shall, as soon as may be after such certification,be transferred the High Courtof Uttaranchal. to (3) Notwithstanding anything contained in sub-sections(1) and (2) of this section or in Section 28, but save as hereinafterprovided, the High Court at Allahabad shall have,and the High Courtof Uttaranchalshall not have,jurisdiction to entertain,hear or disposeof appeals, applicationsfor leaveto the SupremeCourt,
8,
S. 39]
applications for review and other proceedings where any such proceedings seek any relief in respect of any order passed by the High Court at Allahabad before the appointed day: Provided that if after any such proceedings have been entertained by the High Court at Allahabad, it appears to the Chief Justice of that High Court that they ought to be transferred to the High Court of Uttaranchal, he shall order that they shall be so transferred, and such proceedings shall thereupon be transferred accordingly. (4) Any order made by the High Court at Allahabad(a) before the appointed day, in any proceedings transferred to the High Court:of Uttaranchal by virtue of sub-section (2), or (b) in any proceedings with respect to which the High Court at Allahabad retains jurisdiction by virtue of sub-section (3), shall for all purposes have effect, not only as an order of the High Court at Allahabad, but also as an order made by the High Court of Uttaranchal. 36. Right to appear or to act in proceedings transferred to Uttaranchal High Court.-Any person who, immediately before the appointed day, is an advocate entitled to practice or any other persons entitled to practice in the High Court at Allahabad and was authorised to appear in any proceedings transferred from that High Court to the High Court of Uttaranchal under Section 35, shall have the right to appear in the High Court of Uttaranchal in relation to those proceedings. 37. Interpretation.-For the purposes of Section 35(a) proceedings shall be deemed to be pending in a court until that court has disposed of all issues between the parties, including any issues with respect to the taxation of the costs of the proceedings and shall include appeals, applications for leave to appeal to the Supreme Court, applications for review, petitions for revision and petitions for writs; and (b) references to a High Court shall be construed as including references to a Judge or division court thereof, and references to an order made by a court or a Judge shall be construed as including references to a sentence, judgment or decree passed or made by that court or Judge. 38. Savings.-Nothing in this Part shall affect the application to the High Court of Uttaranchal of any provisions of the Constitution, and this Part shall have effect subject to any provision that may be made on or after the appointed day with respect to that High Court by any Legislature or other authority having power to make such provision. PART V
AUTHORISATION OF EXPENDITURE AND DISTRffiUTION OF REVENUES 39. Authorisation of expenditure of Uttaranchal State.- The Governorof Uttar Pradesh may, at anytime beforethe appointedday,authorisesuchexpenditure from the ConsolidatedFund of the Stateof Uttaranchal as he deemsnecessary for any period not more than six monthsbeginning with the appointedday pendingthe sanction of such expenditure by the Legislative Assembly of the State of Uttaranchal: Provided that the Governor of Uttaranchal may, after the appointed day, authorise such further expenditureas he deems necessary from the Consolidated
10
[S.40
40. Reports relating to accounts of Uttar Pradesh State.-(I) The reports of the Comptroller and Auditor-General of India referred to in Clause (2) of Article 151 relating to the accounts of the existing State of Uttar Pradesh in respect of any 0 period prior to the appointed day shall be submitted to the Governor of each of the successor States of Uttar Pradesh and Uttaranchal who shall cause them to be laid before the Legislature of that State. (2) The President may by order(a) declare any expenditure incurred out of the Consolidated Fund of Uttar Pradesh on any service in respect of any period prior to the appointed day during the financial year or in respect of any earlier financial year in
excess of the amount granted for that service and for that year as
disclosed in the reports referred to in sub-section (1) to have been duly authorised; and (b) provide for any action to be taken on any matter arising out of the said reports. 41. Distribution of revenue.-The President shall, by order, determine the share of the States of Uttar Pradesh and Uttaranchal in its total amount payable to the existing State of Uttar Pradesh on the recommendation of the Finance Commission constituted under Article 280 in such manner as he thinks fit. PART VI OF ASSETS AND LIABILITIES
APPORTJ(~MENT
42. Application of Part.-(I) The provisions of this Part shall apply in relation to the apportionment of the assets and liabilities of the existing State of Uttar Pradesh immediately before the appointed day. (2) The successor States shall be entitled to receive benefits arising out of the decisions taken by the predecessor State and the successorStates shall be liable to bear the financial liabilities arising out of the decisions taken by the existing State of Uttar Pradesh. (3) The apportionment of assets and liabilities would be subject to such financial adjustment as may be necessary to secure just, reasonable and equitable apportionment of the assetsand liabilities amongst the successorStates. (4) Any dispute regarding the amount of financial assetsand liabilities shall be settled through mutual agreement, failing which by order by the Central Government on the advice of the Comptroller and Auditor-General of India. 43. Land and goods.-( 1) Subject to the other provisions of this Part, all land and all stores, articles and other goods belonging to the existing State of Uttar Pradesh shall,(a) if within the transferred territory, pass to the State of Uttaranchal; or (b) in any other case, remain the property of the State of Uttar Pradesh: .Provided that. where the Central Government is of opinion that any goods or class of goods should be distributed among the States of Uttar Pradesh and Uttaranchal, otherwise than according to the situation of the goods, the Central Government may issue such directions as it thinks fit for a just and equitable
S.45
distribution of the goods and the goods shall pass to the successorStates accordingly: Provided further that in caseof any disputerelating to the distribution of any goods or class of goods under this sub-section,the Central Government shall endeavour settle suchdispute through mutual agreement to arrived at betweenthe Governmentsof the successor States for that purpose,failing which the Central Governmentmay, on requestby any of the Governments the successor of States, after consulting both the Governments the successor of States, issue suchdirection as it may deem fit for the distribution of suchgoods or classof goods,as the case may be, underthis sub-section. (2) Stores held for specific purposes,such as use or utilisation in particular institutions,workshopsor undertakingsor on particularworks under construction, shall passto the su~""ssorStatesin whoseterritories such institutions,workshops, undertakings works are located. or (3) Storesrelating to the Secretariat offices of Headsof Departments and having jurisdiction over the whole of the existing Stateof Uttar Pradeshshall be divided betweenthe successor States in accordancewith such directions as the Central Governmentmay, after consultationwith the Government eachsuccessor of States, think fit to issuefor a just andequitabledistributionof suchstores. (4) Any otherunissued storesof any classin the existing Stateof Uttar Pradesh shall be divided between successqr the Statesin proportionto the total storesof that class purchasedin the period of three years prior to the appointed day, for the territories of the existing Stateof Uttar Pradesh included respectivelyin eachof the successor States: Provided that where such proportion cannotbe ascertained respectof any in classof storesor wherethe value of any classof suchstoresdoesnot exceedrupees ten thousand... class of stores shall be divided betweenthe successor that States accordingto the populationratio. (5) In this section,the expression "land" includesimmovablepropertyof every kind and any rights in or over suchproperty,and the expression "goods" does not include coins,banknotesand currencynotes. 44. Treasury and bank balances.- The total of the cash balancesin all treasuries the Stateof Uttar Pradesh the creditbalances the State with the of and of Reserve Bank of India, the State Bank of India or any other bank immediately before the appointedday shall be divided betweenthe Statesof Uttar Pradesh and Uttaranchalaccordingto the populationratio: Provided that for the purposesof such division, there shall be no transferof cashbalancesfrom any treasury any othertreasury the apportionment to and shallbe effected by adjusting the credit balancesof the two States in the books of the ReserveBank of India on the appointed day: Provided further that if the Stateof Uttaranchal no accounton the appointed has day with the ReserveBank of India, the adjustment shallbe madein suchmanneras the CentralGovernment may, by order,direct. 45. Arrears of taxes.- The right to recover arrearsof the tax or duty on property, including arrearsof land revenue,shall belong to the successor State in which the property is situated,and the right to recoverarrearsof any other tax or
12
[S.46
duty shall belong to the successor Statein whoseterritoriesthe placeof assessment of that tax or duty is included on the appointed day. 46. Right to recover loans and advances.-(l) The right of the existing State of Uttar Pradesh recoverany loans or advances to madebefore the appointed day to any local body, society, agriculturist or other personin an area within that Stateshallbelongto the successor Statein which thatareais includedon thatday. (2) The right of the existing State of Uttar Pradesh recover any loans or to advancesmade before the appointedday to any personor institution outside that Stateshallbelongto the Stateof Uttar Pradesh: Provided that any sumrecoveredin respect any suchloan or advanceshallbe of divided betweenthe States of Uttar Pradeshand Uttaranchalaccording to the populationratio. 47. Investments and credits in certain funds.-(l) The securitiesheld in respectof the investmentsmade from CashBalancesInvestmentAccount or from anyfund in the Public Accountof the existingStateof Uttar Pradesh specifiedin as the Seventh Scheduleshallbe apportioned the ratio of populationof the successor in States: Provided that the securitiesheld in investments madefrom the CalamityRelief Fund of the existing Stateof Uttar Pradesh shall bedivided in the ratio of the areaof the territoriesoccupiedby the successor States: . Provided further that the balancein the Reserve Funds in the Public Accountof Uttar Pradesh createdwholly out of appropriationsfrom the Consolidated Fund of the existing Stateof Uttar Pradesh, the extentthe balances to have not beeninvested outside Governmentaccount,shall not be carriedforward to similar ReserveFunds in the Public Accountof the successor States. (2) The investmentsof the existing State of Uttar Pradeshimmediatelybefore the appointedday in any specialfund, the objectsof which are confined to a local area,shallbelongto the Statein which thatareais includedon the appointed day. (3) The investmentsof the existing State of Uttar Pradeshimmediatelybefore the appointedday in any private, commercialor industrial undertaking,in so far as suchinvestments have not beenmadeor aredeemed to havebeenmadefrom the not CashBalancesInvestmentAccount, shall passto the State in which the principal Seat business the undertakingis located. of of (4) Where any body corporateconstitutedunder a Central Act, State Act or Provincial Act for the existing State of Uttar Pradeshor any part thereof has,by virtue of the provisions of Part II, become an inter-State body corporate,the investmentsin, or loans or advancesto, any such body corporateby the existing State of Uttar Pradeshmade before the appointed day shall, save as otherwise expresslyprovided by or under this Act, be divided betweenthe Statesof Uttar Pradeshand Uttaranchal in the same proportion in which the assetsof the body corporatearedivided underthe provisionsof this Part. 48. Assets and liabilities of State undertakings.-(l) The assets and liabilities relating to any commercialor industrialundertakingof the Stateof Uttar Pradesh shallpassto the Statein which the undertaking located. is (2) Where a depreciationreserve fund is maintainedby the State of Uttar Pradeshfor any such commercialor industrial undertaking,the securitiesheld in
S.51
APPORTIONMENT.
13
respectof investmentsmade from that fund shall passto the State in which the undertakingis located. 49. Public Debt.-(l) All liabilities on accountof Public Debt and Public Account of the existing Stateof Uttar Pradesh outstandingimmediatelybefore the appointedday shall be apportionedin the ratio of populationof the successor States unlessa different mode of apportionment provided underthe provisionsof this is Act. (2) The individual items of liabilities to be allocatedto the successor Statesand the amountof contributionrequiredto be madeby one successor Stateto another shallbe suchas may be orderedby the CentralGovernment consultationwith the in Comptrollerand Auditor-General India: of Provided that till suchordersare issued, liabilities on account Public Debt the of and Public Account of the existing Stateof Uttar Pradeshshall continue to be the liabilities of the successor Stateof Uttar Pradesh. (3) The liability on accountof loan raised from any sourceand re-lent by the existing Stateof Uttar Pradesh suchentities as may be specified by the Central to Governmentand whose area of operationis confined to either of the successor Statesshalldevolve on the respective States specifiedin sub-section as (4). (4) The public debt of the existing Stateof Uttar Pradesh attributableto loan taken from any sourcefor the expresspurposeof re-lendingthe sameto a specific institutionand outstandingimmediatelybeforethe appointeddayshall,(a) if re-lent to any local body, body corporateor other institution in any local area,be the debtof the Statein which the local areais included on the appointedday; or (b) if re-lent to the Uttar PradeshPower Corporation Limited, the Uttar PradeshJal Vidyut Nigam Limited, the Uttar PradeshRajya Vidyut Utpadan Nigam Limited, the Uttar Pradesh State Road Transport Corporation,or the Uttar Pradesh HousingBoard or any other institution which becomesan inter-Stateinstitution on the appointedday,be divided between the States of Uttar Pradeshand Uttaranchal in the same proportion in which the assets suchbody corporateor institution are of divided underthe provisionsof Part VII. (5) Where a sinking fund or a depreciationfund is maintainedby the existing Stateof Uttar Pradeshfor repayment any loan raised by it, the securitiesheld in of respectof investmentsmade from that fund shallbe divided betweenthe successor Statesof Uttar Pradeshand Uttaranchalin the sameproportion in which the total public debt is divided betweenthe two Statesunderthis section. (6) In this section,the expression"Government security" meansa security createdand issuedby a State Governmentfor the purposeof raising a public loan andhaving anyof the forms specifiedin, or prescribed under,clause(2) of Section2 of the Public Debt Act, 1944(18 of 1944). . 50. Floating Debt.-The liability of the Stateof Uttar Pradeshin respectof any floating loan to provide short-term financeto any cQmmercial undertakingshall be the liability of the StateiIi,whoseterritoriesthe undertaking located. is 51. Refund of taxes collected'in excess.- The liability of the existing State of Uttar Pradeshto refund any tax or duty on property, including land revenue,
14
[S.52
collected in excess shall be the liability of the successor State in whose territories the property is situated, and the liability of the existing State of Uttar Pradesh to refund any other tax o! duty collected in excess shall be the liability of the successor State in whose territories the place of assessment that tax or duty is included. of 52. Deposits, etc.-(l) The liability of the existing State of Uttar Pradesh in respect of any civil deposit or local fund deposit shall, as from the appointed day, be the liability of the State in whose area the deposit has been made. (2) The liability of the existing State of Uttar Pradesh in respect of any charitable or other endowment shall, as from the appointed day, be the liability of the State in whose area the institution entitled to the benefit of the endowment is located or of the State to which the objects of the endowment, under the terms thereof, are confined. 53. Provident Cund.-The liability of the existing State of Uttar Pradesh in respect of the provident fund account of a Government servant in service on the appointed day shall, as from that day, be the liability of the State to which that Government servant is permanently allotted. 54. Pensions.-The liability of the existing State of Uttar Pradesh in respect of the pensions shall pass to, or be apportioned between, the successor States of Uttar Pradesh and Uttaranchal in accordance with the provisions contained in the Eighth Schedule to this Act. 55. Contracts.-(l) Where, before the appointed day, the existing State of Uttar Pradesh has made any contract in the exercise of its executive power for any purposes of the State, that contract shall be deemed to have been made in the exercise of the executive power,(a) if the purposes of the contract are, on and from the appointed day, exclusive purposes of either of the successorStates of Uttar Pradesh and Uttaranchal; and (b) in any other case,of the State of Uttar Pradesh, and all rights and liabilities which have accrued, or may accrue under any such contract shall, to the extent to which they would have been rights or liabilities of the existing State of Uttar Pradesh, be rights or liabilities of the State of Uttaranchal or the State of Uttar Pradesh, as the case may be: Provided that in any such case as is referred to in clause (b), the initial allocation of rights and liabilities made by this sub-section shall be subject to such financial adjustment as may be agreed upon between the successor States of Uttar Pradesh and Uttaranchal or in default of such agreement,as the Central Government may, by order, direct. (2) For the purposes of this section, there shall be deemed to be included in the liabilities which have accrued or may accrue under any contract(a) any liability to satisfy an order or award made by any court or other tribunal in proceedings relating to the contract; and (b) any liability in respect of expenses incurred in or in connection with any such proceedings. (3) This section shall have effect subject to the other provisions of this Part relating to the apportionment of liabilities in respect of loans, guarantees and other financial obligation; and bank balances and securities shall, notwithstanding that they partake of the nature of contractual rights, be dealt with under those provisions.
S.61
15
56. Liability in respect of actionable wrong.-Where, immediatelybefore the appointedday, the existing Stateof Uttar Pradesh subjectto any liability in is respectof anyactionablewrong otherthanbreach contract,that liability shall,of (a) if the causeof action arosewholly within the territories which, as from that day, are the territories of either of the successor Statesof Uttar Pradesh Uttaranchal, a liability of that successor or be State;and (b) in any other case, initially a liability of the State,of Uttar Pradesh, be but subjectto such financial adjustment may be agreedupon between as the Statesof Uttar Pradesh and Uttaranchalor, in defaultof suchagreement, asthe CentralGovernment may,by order,direct. 57. Liability as guarantor.-Where, immediatelybefore the appointedday, the existing Stateof Uttar Pradesh liable as guarantor respect any liability of is in of a registeredcooperativesocietyor other person,that liability of the existing Stateof Uttar Pradesh shall,(a) if the area of operationsof such society or personsis limited to the territories which, as from that day, are the territories of either of the States of Uttar Pradeshor Uttaranchal,be a liability of that successor State;and (b) in any other case,be initially a liability of the State of Uttar Pradesh, subjectto suchfinancial adjustment may be agreedupon betweenthe as Statesof Uttar Pradesh Uttaranchal in defaultof suchagreements, and or, asthe CentralGovernment may,by order,direct. 58. Items in suspense.-1f any item in suspense ultimatelyfound to affect is an assetor liability of the naturereferredto in anyof the foregoingprovisionsof this Part, it shallbe dealt with in accordance with thatprovision. 59. Residuary provision.-The benefit or burdenof any assetor liability of the existing Stateof Uttar Pradesh dealt with in the foregoingprovisionsof this not Part shall passto the State of Uttar Pradeshin the first instance,subjectto such financial adjustment may be agreeduponbetween States Uttar Pradesh as the of and Uttaranchalor, in default of such agreement, the Central Government as ~ay, by order,direct. 60. Apportionment of assets or liabilities by agreement.-Where the successor Statesof Uttar Pradesh Uttaranchal and agreethatthe benefit or burdenof any particular assetor liability should be apportionedbetweenthem in a manner other than that provided for in the foregoingprovisionsof this Part,notwithstanding anything containedtherein,the benefit or burdenof that assetor liability shall be apportionedin the manner agreed upon. 61. Power of Central Government to order allocation or adjustment in certain cases.-Where, by virtue of any of the provisionsof this Part, any of the successor Statesof Uttar Pradesh Uttaranchalbecomes and entitled to any property or obtains any benefits or becomes subject to any liability, and the Central Government of opinion, on a reference is made within a period of three years from the appointedday by eitherof the States, that it is just andequitablethat propertyor thosebenefitsshouldbe transferredto, or sharedwith, the other successor State,or that a contribution towards that liability should be made by the other successor State,the said property or benefits shall be allocatedin such mannerbetweenthe
16
[So62
two States, or the other State shall make to the State subject to the liability such contribution in respect thereof, as the Central Government may, after consultation with the two State Governments, by order, determine. 62. Certain expenditure to be charged on Consolidated Fund.-AII sums payable either by the State of Uttar Pradesh or by the State of Uttaranchal to the other States or by the Central Government to either of those States, by virtue of the provisions of this Act, shall be charged on the Consolidated Fund of the State by which such sums are payable or, as the case may be, the Consolidated Fund of India. PART VII PROVISIONS AS TO CERTAIN CORPORATIONS .63. Provisions for Power Corporation Limited, etc.-(I) The following bodies corporate constituted for the existing State of Uttar Pradesh,namely:(a) the Uttar Pradesh Power Corporation Limited, the Uttar Pradesh Jal Vidyut Nigam Limited and the Uttar Pradesh Rajya Vidyut Utpadan Nigam Limited; {b) the Uttar Pradesh Electricity Regulatory Commission; and (c) the State Warehousing Corporation established under the Warehousing Corporations Act, 1962 (58 of 1962), shall, on and from the appointed day, continue to function in those areas in respect of which they were functioning immediately before that day, subject to the provisions of this section and to such directions as may, from time to time, be issued by the Central Government. (2) Any directions issued by the Central Government under sub-section (1) in respect of the Power Corporation, Commission or Warehousing Corporation shall include a direction that the Act under which the Power Corporation, Commission or Warehousing Corporation was constituted shall, in its application to that Power Corporation, Commission or Warehousing Corporation, have effect subject to such exceptions and modifications as the Central Government thinks fit. (3) The Power Corporation, Commission or W~rehousing Corporation referred to in sub-section (1) shall cease to function as from, and shall be deemed to be dissolved on such date as the Central Government may, by order, appoint; and upon such dissolution, its assets,rights and liabilities shall be apportioned between the successorStates of Uttar Pradesh and Uttaranchal in such manner as may be agreed upon between them within one year of the dissolution of the Power Corporation, Commission or Warehousing Corporation, as the case may be, or if no agreement is reached, in such manner as the Central Government may, by order, determine: Provided that any liabilities of any of the said Power Corporations referred to in clause (a) of sub-section (1) relating to the qnpaid dues of the coal supplied to the Power Corporation by any public sector coal company shall be provisionally apportioned between the corresponding Power Corporations constituted respectively in the successor States of the existing State of Uttar Pradesh or after the date appointed for the dissolution of the Power Corporations under this sub-section in such manner as may be agreed upon between the Governments of the successor States within one month of such dissolution or if no agreement is reached, in such manner as the Central Government may by order determine subject to reconciliation and finalisation of the liabilities which shall be completed within three months from
S.63
17
the date of such dissolution by the mutual agreement between the successorStates or failing such agreement by the direction of the Central Government: Provided further that an interest at the rate of two per cent higher than the cash credit interest shall be paid on outstanding unpaid dues of the coal supplied to the Electricity Corporation by the public sector coal company till the liquidation of such dues by the concerned State Power Corporation constituted in the successor States on or after the date appointed for the dissolution of the Power Corporation under this sub-section. (4) Nothing in the preceding provisions of this section shall be construed as preventing the Government of the State of Uttar Pradesh or, as the case may be, the Government of the State of Uttaranchal from constituting, at any time on or after the appointed day, a State Power Corporation, an Electricity Regulatory Commission or a State Warehousing Corporation for the State under the provisions of this Act relating to such Power Corporation, Commission or Warehousing Corporation; and if such a Power Corporation, Commission or Warehousing Corporation is so constituted in either of the States before the dissolution of the Power Corporation, Commission or Warehousing Corporation referred to in sub-section (1),(a) provision may be made by order of the Central Government enabling the new Power Corporation, new Commission or the new Warehousing Corporation to take over from the existing Power Corporation, Commission or Warehousing Corporation all or any of its undertakings, assets,rights and liabilities in that State, and (b) upon the dissolution of the existing Power Corporation, Commission or Warehousing Corporation,(i) any assets,rights and liabilities which would otherwise have passed to that State by or under the provisions of sub-section (3) shall pass to the new Board, new Commission or the new Warehousing Corporation instead of to that State; (ii) any employee who would otherwise have been transferred to or reemployed by that State under sub-section (3), read with clause (i) of sub-section (5), shall be transferred to or re-employed by the new Power Corporation, new ,Commission or the new Warehousing Corporation instead of to or by that State. (5) An agreement entered into between the successor States under sub-section (3) and an order made by the Central Government under that sub-section or under clause (a) of sub-section (4) may provide for the transfer or re-employment of any employee of the Power Corporation, Commission or Warehousing Corporation referred to in sub-section (1),(i) to or by the successor States, in the case of an agreement under subsection (2) or an order made under that sub-section; (ii) to or by the new Power Corporation, new Commission or the new Warehousing Corporation constituted under sub-section (4), in the case of an order made under clause (a) of that sub-section, and, subject to the provisions of Section 68, also for the terms and conditions of service applicable to such employees after such transfer or re-employment.
18
[S.64
64. Continuance of arrangements in regard to generation and supply of electric power and supply of water.-If it appearsto the Central Government that the arrangement regard to the generationor supplyof electric power or the in supply of water for any area or in regard to the executionof any project for such generationor supply has been or is likely to be modified to the disadvantage of that area by reason of the fact that it is, by virtue of the provisions of Part II, outside the State in which the power stations and other installations for the generationand supply of such power, or the catchmentarea,reservoirsand other works for the supply of water, as the case may be, are located, the Central Government may, after consultation with the Governmentof each successor States wherever necessary, give such directions as it deems proper to the State Government or other authority concerned for the maintenance, so far as practicable,of the previous arrangement. 65. Provisions as to Uttar PradeshState Financial Corporation.-(l) The Uttar PradeshState Financial Corporationestablishedunder the State Financial CorporationsAct, 1951 (63 of 1951)shall, on and from the appointedday,continue to function in thoseareasin respect which it was functioning immediatelybefore of that day, subjectto the provisionsof this sectionand to suchdirectionsas may, from time to time, be issuedby the CentralGovernment. (2) Any directions issuedby the Central Governmentunder sub-section in (1) respect of the Corporation may include a direction that the said Act, in its application to the Corporation, shall have effect subjectto such exceptionsand modificationsas may be specifiedin the direction. (3) Notwithstanding anything containedin sub-section(1) or sub-section(2), the Board of Directors of the Corporationmay, with the previous approvalof the CentralGovernment and shall,if so requiredby the CentralGovernment, conveneat any time after the appointedday a meetingfor the consideration a schemefor the of reconstitution or reorganisation or dissolution, as the case may be, of the Corporation,including proposals regardingthe formationof new Corporations, and the transfertheretoof the assets, rights and liabilities of the existing Corporation, and if sucha scheme approvedat the general is meetingby a resolutionpassed a by majority of the shareholders present and voting,the scheme shallbe submittedto the CentralGovernmentfor its sanction. (4) If the schemeis sanctionedby the Central Governmenteither without modifications or with modifications which are approvedat a generalmeeting,the Central Government shall certify the scheme,and upon such certification, the schemeshall, notwithstandinganythingto the contrarycontainedin any other law for the time being in force,be binding on the Corporations affectedby the scheme as well asthe shareholders creditorsthereof. and (5) If the scheme not so approvedor sanctioned, CentralGovernment is the may refer the schemeto suchJudgeof the High Court of Uttar Pradesh and Uttaranchal as may be nominatedin this behalf by the Chief Justicethereof,and the decisionof the Judge in regard to the scheme shall be final and shall be binding on the Corporations affected by the schemeas well as the shareholders and creditors thereof. (6) Nothing in the precedingprovisions of this section shall be construedas preventing the Governmentof the Statesof Uttar Pradeshand Uttaranchalfrom
S. 68]
19
constituting, at any time on or after the appointed day, a State Financial Corporation for that State under the State Financial Corporations Act, 1951 (63 of 1951). 66. Provisions as to certain Companies.-(I) Notwithstanding anything contained in the foregoing provisions of this Part, each of the companies specified in the Ninth Schedule to this Act shall, on and from the appointed day and until otherwise provided for in any law, or in any agreement among the successor States, or in any direction issued by the Central Government, continue to function in the areas in which it was functioning immediately before that day; and the Central Government may from time to time issue such directions in relation to such functioning as it may deem fit, notwithstanding anything to the contrary contained in the Companies Act, 1956(1 of 1956), or in any other law. (2) Any directions issued under sub-section (1) in respectof a company referred to in that sub-section, may include directions(a) regarding the division of the interests and sharesof existing State of Uttar Pradesh in the Company among the successorStates; (b) requiring the reconstitution of the Board of Directors of the Company so as to give adequate representation to all the successorStates. 67. General provision as to statutory Corporations.-(I) Save as.otherwise expressly provided by the foregoing provisions of this Part, where any body corporate constituted under a Central Act, Sta~e Act Of Provincial Act for the existing State of Uttar Pradesh or any part thereof has, by virtue of the provisions of Part II, become an inter-State body corporate, then, the body corporate shall, on and from the appointed day, continue to function and operate in those areas in respect of which it was functioning and operating immediately before that day, subject to such directions as may from time to time be issued by the Central Government, until other provision is made by law in respect of the said body corporate. (2) Any directions issued by the Central Government under sub-section (1) in respect of any such body corporate shall incluqe a direction that any law by which the said body corporate is governed shall, in its application to that body corporate, have effect subject to such exceptions and modifications as may be specified in the direction. 68. Temporary provisions as to continuance of certain existing road transport permits.-(I) Notwithstanding anything contained in Section 89 of the Motor Vehicles Act, 1988 (59 of 1988), a permit granted by the State Transport Authority of the existing State of Uttar Pradesh or any Regional Transport Authority in that State shall, if such permit was, immediately before the appointed day, valid and effective in any area in the transferred territory, be deemedto continue to be valid and effective in that area after that day subject to the provisions of that Act as for the time being in force in that area; and it shall not be necessary for any such permit to be countersigned by the State Transport Authority of Uttaranchal or any Regional Transport Authority therein for the purpose of validating it for use in such area: Provided that the Central Government may, after consultation with the successor State Government or Governments concerned add to amend or vary the conditions attached to the permit by the Authority by which the permit was granted. (2) No tolls, entrance fees or other charges of a like nature shall be levied after the appointed day in respect of any transport vehicle for its operations in any of the
20
[S.69
successor Statesunder any suchpermit,if suchvehicle was,immediatelybefore that day, exemptfrom the paymentof any suchtoll, entrance fees or otherchargesfor its operationsin the transferred territory: Provided that the Central Governmentmay, after consultationwith the State Government or Governments concerned,authorise the levy of any such toll, entrance fees or other charges, the casemaybe: as Provided further that the provisionsof this sub-section shall not be applicable where any such tolls, entrancefees or otherchargesof a like natureis leviable for the use of any road or bridge which is constructedor developedfor commercial purposeby the State Government, undertakingof the State Government, joint an a undertakingin which the StateGovernment a shareholder aprivate sector. is or 69. Special provisions relating to retrenchment compensation in certain cases.-Where on account of the reorganisationof the existing State of Uttar Pradeshunder this Act, any body corporateconstitutedundera Central Act, State Act or Provincial Act, any cooperativesocietyregisteredunder any law relating to cooperativesocietiesor any commercialor industrial undertakingof that State is reconstitutedor reorganisedin any mannerwhatsoever is amalgamated or with any other body corporate,cooperativesociety or undertaking,or is dissolved,and in consequence such reconstitution,reorganisation,amalgamation dissolution, of or any workmanemployedby suchbody corporateor in any suchcooperativesociety or undertaking, transferredto, or re-employedby, any other body corporate, in is or any other cooperative society or undertaking, then, notwithstanding anything contained in Section 25-F or Section25-FF or Section25-FFF of the Industrial Disputes Act, 1947 (14 of 1947), such transferor re-emp1oyment shall not entitle him to any compensation underthatsection: Provided that(a) the terms and conditionsof serviceapplicableto the workmanafter such transfer or re-employment not less favourableto the workmanthan are those applicable to him immediately before the transfer or reemployment; (b) the employerin relationto the body corporate, cooperativesocietyor the the undertaking where the workman transferredor re-employedis, by agreement otherwise,legally liable to payto the workman,in the event or of his retrenchment, compensation under Section25-F or Section25-FF or Section25-FFF of the IndustrialDisputesAct, 1947(14 of 1947)on the basisthat his servicehasbeencontinuous hasnot beeninterrupted and by the transferor re-employment. 70. Special provision as to Income-tax.-Where the assets,rights and liabilities of any body corporatecarrying on businessare, underthe provisionsof this Part,transferredto any other bodiescorporatewhich after the transfercarry on the same business, lossesor profits or gains sustainedby the body corporate the first-mentionedwhich, but for suchtransfer,would have beenallowedto be carried forward and setoff in accordance with the provisionsof ChapterVI of the Income Tax Act, 1961 (43 of 1961), shall be apportionedamongstthe transfere~bodies corporatein accordance with the rules to be madeby the CentralGovernment this in behalf and, upon such apportionment, shareof loss allotted to eachtransferee the body corporateshall be dealt with in accordance with the provisionsof ChapterVI of the said Act, as if the transferee bodycorporate had itself sustained suchloss in a business carried on by it in the yearsin whichtheselosses weresustained.
S.73
PROVISIONSAS TO SERVICES
71. Continuance of facilities in certain States institutions.-(I) The Government of State of Uttar Pradesh or Uttaranchal. as the case may be, shall, in respect of the institutions specified in the Tenth Schedule to this Act, located in that State, continue to provide facilities to the people of the other State which shall not, in any respect, be less favourable to such people than what were being provided to them before the appointed day, for such period and upon such terms and conditions as may be agreed upon between the two State Governments before the 1st day of December, 2001 or if no agreement is reached by the said date as may be fixed by order of the Central Government. (2) The Central Government may, at any time before the 1st day of December, 2001, by notification in the Official Gazette, specify in the Tenth Schedule referred to in sub-section (1) any other institution existing on the appointed day in the States of Uttar Pradesh and Uttaranchal and on the issue of such notification, such Schedule shall be deemed to be amended by the inclusion of the said institution
therein. PARTVIII PROVISIONSAS TO SERVICES 72. Provisions relating to All India Services.-(I) In this section, the expression "State Cadre"(a) in relationto the IndianAdministrativeService, the meaningassigned has to it in the Indian AdministrativeService(Cadre)Rules,1954; (b) in relation to the Indian Police Service,hasthe meaningassigned it in to the IndianPolice Service(Cadre)Rules,1954;and (c) in relation to the Irldian ForestService,hasthe meaningassigned it in to the Indian ForestService(Cadre)Rules,1966. (2) In place of the cadresof the Indian Administrative Service,Indian Police Serviceand Indian ForestServicefor the existing Stateof Uttar Pradesh, there shall, on and from the appointedday, be two separate cadres, one for the Stateof Uttar Pradeshand the other for the State of Uttaranchalin respect of each of these
services.
(3) The initial strengthand compositionof the Statecadresreferredto in subsection(2) shallbe suchas the CentralGovernment may, by orderdetermine before the appointedday. (4) The membersof each of the said servicesborne on the Uttar Pradesh cadre thereof immediatelybefore the appointedday shall be allocatedto the Statecadres of the sameserviceconstitutedundersub-section in suchmannerand with effect (2) from suchdate or datesasthe CentralGovernment may,by order,specify. (5) Nothing in this sectionshall be deemedto affect the operation,on or after the appointedday,of the All-India ServicesAct, 1951,or the rulesmadethereunder. 73. Provisions relating to other services.-(I) Every person who immediatelybeforethe appointed is serving in connection day with the affairs of the existing Stateof Uttar Pradesh shall, on and from thatday provisionallycontinueto serve in connection with the affairs of the State of Uttar Pradeshunless he is required, by general or special order of the Central Government to serve provisionally in connectionwith the affairs of the Stateof Uttaranchal:
21
22
[S.74
(a) the discharge of any of its functions under this Part; and
S.79
23
(b) the ensuring of fair and equitable treatment to all persons affected by the provisions of this Part and the proper consideration of any representations made by such persons. 77. Power of Central Government to give directions.- The Central Government may give such directions to the State Government of Uttar Pradesh and the State Government of Uttaranchal as may appear to it to be necessary for the purpose of giving effect to the foregoing provisions of this Part and the State Government shall comply with such directions. 78. Provisions as to State Public Service Commission.-( 1) The Public Service Commission for the existing State of Uttar Pradesh shall, on and from the appointed day, be the Public Service Commission for the State of Uttar Pradesh. (2) The persons holding office immediately before the appointed day as the Chairman or other member of the Public Service Commission for the existing State of Uttar Pradesh shall, as from the appointed day, be the Chairman or, as the case may be, the other member of the Public Service Commission for the State of Uttar
Pradesh.
(3) Every person who becomes the Chairman or other member of the Public Service Commission for the State of Uttar Pradesh on the appointed day under subsection (2), shall(a) be entitled to receive from the Government of the State of Uttar Pradesh conditions of service not less favourable than those to which he was entitled under the provisions applicable to him; (b) subject to the proviso to clause (2) of Article 316, hold office or continue to hold office until the expiration of his term of office as determined under the provisions applicable to him immediately before the appointed
day.
(4) The report of the Uttar Pradesh Public Service Commission as to the work done by the Commission in respect of any period prior to the appointed day shall be presented under clause (2) of Article 323 to the Governors of the States of Uttar Pradesh and Uttaranchal, and the Governor of the State of Uttar Pradesh shall, on receipt of such report, cause a copy thereof together with a memorandum explaining as far as possible, as respects the cases,if any, where the advice of the Commission
was not accepted,the reasons for such non-acceptance be laid before the to
Legislature of the State of Uttar Pradesh and it shall not be necessaryto cause such report or any such memorandum to be laid before the Legislative Assembly of the State of Uttaranchal. MANAGEMENT PART IX AND DEVELOPMENT OF WATER RESOURCES
79. Water Resources Development and its Management.-(l) Notwithstanding anything contained in this Act but subject to the provisions of Section 80, all rights and liabilities of the existing State of Uttar Pradesh in respect of water resource projects in relation to(i) Ganga and its tributaries traversing the successor States excluding the Upper Yamuna River up to Okhla; and (ii) Upper Yamuna River and its tributaries up to Okhla,
24
[S.80
shall, on the appointed day, be the rights and liabilities of the successor States in such proportion as may be fixed, and subject to such adjustments as may be made, by agreement entered into by the said States after consultation with the Central Government, or, if no such agreement is entered into within two years of the appointed day, then, the Central Government may, by order, determine within one year having regard to the purposes of the project: Provided that the order so made by the Central Government may be varied by any subsequent agreement entered into by the successor States after consultation with the Central Government.
include(a) the right to receive and utilise the water available for distribution as a result of the projects; and (b) the right to receive and utilise the power generated as a result of the projects, but shall not include the rights and liabilities under any contract entered into before the appointed day by the Government of the existing State of Uttar Pradesh with any person or authority other than Government. 80, Constitution and functions of the Ganga Management Board.-(I) The Central Government shall constitute a Board to be called the Ganga Management Board (hereinafter referred to as the Board) for administration, construction, maintenance and operation of projects referred to in sub-section (1) of Section 79 for any or for a combination of the following purposes,namely:(i) irrigation; (ii) rural and urban water supply; hydro power generation; navigation; industries; and for any other purpose which the Central Government may, by notification in the Official Gazette, specify. (2) The Board shall consist of(a) a whole-time Chairman to be appointed by the Central Government in consultation with the successorStates; (b) two full-time members, one from each of the successor States, to be nominated by the respective State Government; (c) four part-time members, two from each of the successor States, to be nominated by the respective State Government; (d) two representatives of the Central Government to be nominated by that Government. (3) The functions of the Board shall include(a) the regulation of supply of water from the projects referred to in clause (i) of sub-section (1) of Section 79 to the successorStates having regard to(iii) (iv) (v) (vi)
S.81
25
(i) any agreement entered into or arrangement made covering the Government of existing State of Uttar Pradesh and any other State or Union territory, and (ii) the agreement or the order referred to in sub-section (2) of Section
79;
(b) the regulation of supply of power generated at the projects referred to in clause (i) of sub-section (1) of Section 79, to any Electricity Board or other authority in-charge of the distribution of power having regard to(i) any agreement entered into, or arrangement made covering the Government of the existing State of Uttar Pradesh and any other State or Union territory, and (ii) the agreement or the order referred to in sub-section (2) of Section
79;
(c) the construction of such of the remaining on-going or new works connected with the development of the water resources projects relating to the rivers or their tributaries as the Central Government may specify by notification in the Official Gazette; (d) such other functions as the Central Government may, after consultation with the successorStates entrust to it. 81. Staff of the Management Board.-(1) The Board may employ such staff, as it may consider necessary for the efficient discharge of its functions under this Act. Such staff shall at the first instance, be appointed on deputation from the successorState failing which through any other method: Provided that every person who, immediately before the constitution of the said Board, was engaged in the construction, maintenance or operation of the works relating to the projects referred to in clause (i) of sub-section (1) of Section 79 shall continue to be so employed under the Board in connection with the said works on the same terms and conditions of service as were applicable to him before such constitution until the Central Government, by order, directs otherwise: Provided further that the said Board may, in consultation with the Government of the successorState or the Electricity Board concerned and with the prior approval of the Central Government, retain any such person for service under that State Government or Board. (2) The Government of the successor States shall at all times provide the necessary funds to the Board to meet all expenses (including the salaries and allowances of the staff) required for the discharge of its functions and such amounts shall be apportioned between the States concerned in such proportion as the Central Government may, having regard to the benefits to each of the said States specify. (3) The Board shall be under the control of the Central Government and shall comply with such directions, as may, from time to time, be given to it by that Government. (4) The Board may delegate such of its powers, functions and duties as it may deem fit to the Chairman of the said Board or to any officer subordinate to the Board. (5) The Central Government may, for the purpose of enabling the Board to function efficiently, issue such directions to the State Governments concerned, or
26
[S.82
any other authority, and the StateGovernments, the other authority shall comply or with suchdirections. 82. Jurisdiction of the Board.-(I) The Board shall, ordinarily exercise jurisdiction in regardto anyof the projectsreferredto in clause(i) of sub-section (1) of Section 79 over head works (barrages, dams, reservoirs,regulating structures), part of canal network and transmission lines necessary deliver water or powerto to the States concerned. (2) If any questionarisesas to whetherthe Board has jurisdiction under subsection(1) over any projectreferredthereto, sameshallbe referredto the Central the Government decisionthereon. for 83. Power of Board to make regulations.- The Board may make regulations,consistent with the Act and the rulesmadethereunder, provide forto (a) regulatingthe time andplaceof meetingsof the Board and the procedure to be followed for the transaction business suchmeetings; of at (b) delegationof powers and duties of the Chairmanor any officer of the Board; (c) the appointment regulationof the conditionsof serviceof the officers and and otherstaff of the Board; (d) any other matter for which regulationsare" considerednecessary the by Board. 84. Allocation of the water resources of the River Yamuna.-(I) The utili sablewaterresources the YamunaRiver up to Okhla,as allocated, of beforethe appointed day, to the existing State of Uttar Pradeshunder the Memorandumof Undertakings,dated the 12th May, 1994 shall be further allocated betweenthe successor Statesby mutual agreement within a period of two years,failing which, the Central Governmentshall, by order, determinethe allocation of such water resourcebetween successor the Stateswithin afurther periodof one year. (2) The State of Uttaranchal shall, on the appointed day, be inducted as a member of the Upper Yamuna Board constituted for the implementationof the Memorandum Undertakingreferredto in sub-section of (1).
PART~
LEGAL AND MISCELLANEOUSPROVISIONS 85. Amendment of Section 15 of Act 37 of 1956.-0n and from the appointedday, in Section 15 of the StatesReorganisation Act, 1956,in clause(b), for the words "Uttar Pradeshand Madhya Pradesh", the words "Uttar Pradesh, Uttaranchal MahdyaPradesh" shallbe substituted. and 86. Territorial extent of Laws.- The provisions of Part II shall not be deemedto have affected any changein the territories to which the Uttar Pradesh Imposition of Ceiling of Land Holding Act, 1961 and any other law in force immediatelybefore the appointedday, extendsor applies,and territorial references in any such law to the Stateof Uttar Pradeshshall, until otherwiseprovided by a competentLegislature or other competentauthority be construedas meaning the territories within the existingStateof Uttar Pradesh beforethe appointed day. 87. Power to adapt laws.-For the purposeof facilitating the applicationin relation to the State of Uttar Pradeshor Uttaranchalof any law made before the appointedday, the appropriateGovernment may,beforethe expirationof two years
S.91
27
from that day, by order, make such adaptations and modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient, and thereupon every such law shall have effect subject to the adaptations and modifications so made until altered, repealed or amended by a competent Legislature or other competent authority. Explanation.-In this section, the expression "appropriate Government" means as respects any law relating to a matter enumerated in the Union List, the Central Government, and as respects any other law in its application to a State, the State Government. 88. Power to construe laws.-Notwithstanding that no provision or insufficient provision has been made under Section 87 for the adaptation of a law made before the appointed day, any court, tribunal or authority, required or empowered to enforce such law may, for the purpose of facilitating its application in relation to the State of Uttar Pradesh or Uttaranchal, construe the law in such manner, without affecting the substance,as may be necessary or proper in regard to the matter before the court, tribunal or authority. 89. Power to name authorities etc., for exercising statutory functions.The Government of the State of Uttaranchal, as respects the transferred territory may, by notification in the Official Gazette, specify the authority, officer or person who, on or after the appointed day, shall be competent to exercise such functions exercisable under any law in force on that day as may be mentioned in that notification and such law shall have effect accordingly. 90. Legal proceedings.- Where, immediately before the appointed day, the existing State of Uttar Pradeshis a party to any legal proceedings with respect to any property, rights or liabilities subject to apportionment bet~een the States of Uttar Pradesh and Uttaranchal under this Act, the State of Uttar Pradesh or Uttaranchal which succeeds to, or acquires a share in, that property or those rights or liabilities by virtue of any provision of this Act shall be deemed to be substituted for the existing State of Uttar Pradesh or added as a party to those proceedings, and the proceedings may continue accordingly.
91.
immediately before the appointed day before a court (other than High Court), tribunal, authority or officer in any area which on that day falls within the State of Uttar Pradesh shall, if it is a proceeding relating exclusively to the territory, which as from that day are the territories of Uttaranchal State, stand transferred to the corresponding court, tribunal, authority or officer of that State. (2) If any question arises as to whether any proceeding should stand transferred under sub-section (1) it shall be referred to the High Court at Allahabad and the decision of that High Court shall be final. (3) In this section(a) "proceeding" includes any suit, case or appeal; and (b) "corresponding court, tribunal, authority or officer" in the State of
Uttaranchalmeans(i) the court, tribunal, authority or officer in which, or before whom, the proceeding would have laid if it had been instituted after the appointed day; or
28
[S.92
(ii) in case of doubt, such court, tribunal, authority, or officer in that State, as may be determined after the appointed day by the Government thatStateor the Central. of Government, the casemay as be, or before the appointedday by the Government the existing of State of Uttar Pradeshto be the correspondingcourt, tribunal, authority or officer. 92. Right of pleaders to practise in certain cases.-Any person who, immediatelybefore the appointedday,is enrolledas a pleaderentitled to practisein any subordinate courts in the existing Stateof Uttar Pradesh shall, for a period of one year from that day, continue to be entitled to practise in those courts, notwithstandingthat the whole or any partof the territorieswithin the jurisdiction of thosecourtshas beentransferred the Stateof Uttaranchal. to 93. Effect of provisions of the Act inconsistent with other laws.--'The provisions of this Act shall have effect notwithstanding anything inconsistent therewithcontainedin anyotherlaw. 94. Power to remove difficulties.-(l) If any difficulty arisesin giving effect to the provisions of this Act, the President may, by order, do anything not inconsistentwith suchprovisionswhich appears him to be necessary expedient to or for the purposeof removingthe difficulty: Provided that no suchorder shall be made after the expiry of a period of three yearsfrom the appointed day. (2) Every order made under this section shall be laid before each Housesof Parliament. THE FIRST SCHEDULE
(SeeSection8)
(i) Of the elevensitting members whosetermof office will expire in November, 2002, namely, Shri NarendraMohan, Shri Raj Nath Singh, Shri Chaudhary Chunni Lal, Shri Devi PrasadSingh, Shri Manohar Kant Dhyani, Shri Amar Singh, Shri MohammadAzam Khan, Shri R.N. Arya, Shri GandhiAzad, Shri AkhileshDas and Shri Balwant Singh Ramoowalia. Shri Manohar Kant Dhyani shall be deemedto have beenelectedto fill one seatout of the three seatsallocatedin the Council of Statesto the Stateof Uttaranchal the other ten sitting membersshallbe deemed and to have beenelectedto fill tenof the seats allottedto the Stateof Uttar Pradesh. (ii) Of the twelve sitting memberswhose term of office will expire in July, 2004, namely, Shri Arun Shourie, Shri T.N. Chaturvedi,Shri B.P. Singhal, Shri DharamPal Yadav,Shri DeenaNath Mishra, Shri Ram Gopal Yadav, Shri Kanshi Ram, Shri SanghPriya Gautam,Shri MunavvarHasan,Shri Khan GhufranZahidi, Shri Syed Akhter Hasan Rizvi, Shri Rama Shanker Kaushik, such one as the Chairmanof the Councilof Statesmay determineby drawing lot shallbe deemed to have beenelectedto fill one of the seatsallottedto the Stateof Uttaranchal and the other elevensitting membersshall be deemed have beenelectedto fill elevenof to the seats allotted to the Stateof UttarPradesh. (iii} Of the eleven sitting membersrepresentingthe State of Uttar Pradesh whose term of office will expire on 2nd April, 2006, suchone as the Chairmanof the Council of Statesmay determineby drawing lot shall be deemedto have been electedto fill one of the seats allottedto the Stateof Uttaranchal.
SCH.II]
29
AMENDMENTS TO THE DELIMIT ATION OF PARLIAMENTARY AND ASSEMBLY CONSTITUENCIE-5 ORDER,1976 In the Delimitation of Parliamen~ary and Assembly Constituency Order, 1976,I. In Schedule XXII,(i) in PARTA-Parliamentary Constituencies,(~) serial numbers 1, 2, 3,4 and 85 and entries relating thereto shall be
omitted;
(b) in serial n1Jmber i2 at the end, the following figures and word shall be inserted, namely:"56-Baheri"; (c) in serial number 82 at the end, the following figures and word shall be inserted, namely:"416-Deoband"; (d) in serial number 84 at the end, the following figures, brackets and 1etters shall be inserted, namely:. "415-Nagal (SC)"; f,! G ,;, iflcA);J.J ~
(ii) in PART B-Assembly Constituencies,serial numbers r to 16 (both inclusive) and 420 to 425 (both inclusive) and the entries relating thereto shall be omitted. 2. After Schedule XXII, the following shall be inserted, !lamely:-
No.
1. Tehri Garhwal.-1-Uttar Kashi (SC), 2-Tehri, 3-Deoprayag, 4Mussootieand 5-Chakrata (ST). Garhwal.-6-Lansdowne, 7-Pauri, 8-Karanprayag, 9-Badri-Kedar and 10-Dehra Dun. 3. Almora-11-Didihat, 12-Pithoragarh,13-Almora, J4-Bageshwar(SC) and 15-Ranikhet, 4. Nainital.-1.6-Nainital, 17-Khatima (SC), 18-Haldwani and 19Kashipur. 5. Hardwar (SC).-20-Roorkee, 21-Lhaksar 22-Hardwar.". and
,
2.
PART B'-Assembly
Constituency
C"
Serial
No.
The detailedparticularsregardingthe nameand extentof the Constituencies in eachof the districts in the Stateof Uttaranchalshall be as delimited by the Election Commission.".
30
U1TAR PRADESHREORGANISATIONACT,2000
[SCH. III
MODIFICATION IN THE DELIMIT A TION OF COUNCIL CONSTITUENCIES (UTTAR PRADESH)ORDER,1951 For the table appended the Delimitation of Council Constituencies(Uttar to Pradesh) Order, 1951,the following table shallbe substituted, namely:"TABLE
Name of Constituency
Extent of Constituency
Number
of Seats
Graduates' Constituencies
1..
Bareilly, Shahjahanpur,
Pilibhit, Badaun,
Moradabad,
Jyotibaphule Nagar and Bijnor Hardoi, Kheri, Barabanki, Rae and Pratapgarh
districts.
3.
Bahraich, Shravasti, Gonda, Balrampur, Basti, Siddharthnagar, Santkabir Nagar, Gorakhpur, Maharajganj, Deoria, Kushinagar, Azamgarh, Mau, Sultanpur, Faizabad and Ambedkamagar districts. Gazipur, Jaunpur, Varanasi, Chandauli, Sant Ravidas Nagar, Mirzapur and Sonbhadra districts. Allahabad, Kaushambi, Fatehpur, Banda, Chitrakoot, Hamirpur, Mahoba, Jalaun, Jhansi and Lalitpur districts. Kanpur Nagar and Kanpur Dehat and Unnao Districts. Agra, Firozabad, Mathura, Aligarh, Hathras, Etah, Mainpuri, Etawah, Kannauj, Auraiya and Farrukhabad
6. 7.
districts.
5. 4. 1 2.
SCH. III]
Name of Constituency
8. Meerut Division Graduates
Extent of Constituency
Bulandshahar, Ghaziabad, Gautambuddhnagar, Meerut Bagpat, Muzaffamagar and Saharanpur districts. 2
Bareilly, Pilibhit, Shahjahanpur, Badaun, Rampur, Moradabad, Jyotibaphule Nagar, and Bijnor districts. Lucknow, Hardoi, Kheri, Sitapur, Barabanki, Rae Bareli, and Pratapgarh
Number
of Seats
Teachers'Constituencies 1
1. Bareilly-Moradabad Division Teachers'
3
1
2.
districts.
3. Gorakhpur-Faizabad Division Teachers Bahraich, Shravasti, Gonda, Balrampur, Basti, Siddarthnagar, Santkabir Nagar, Gorakhpur, Maharajganj, Deoria, Kushinagar, Azamgarh, Mau, Sultanpur, Faizabad and Ambedkamagar districts. Ballia, Gazipur, Jaunpur, Varanasi, Chandauli, Sant Ravidas Nagar, Mirzapur and Sonbhadra districts. Allahabad, Kaushambi, Fathepur, Banda, Chitrakoot, Hamirpur, Mahoba, Jalaun, Jhansi and Lalitpur districts. Kanpur Nagar and Kanpur Dehat and Unnao districts. Agra, Firozabad, Mathura, 1
4.
5.
Allahabad-Jhansi Teachers
Division
6. 7.
1 1
Aligarh, districts.
8. Meerut Division Teachers
Hathras,
Etah,
Mainpuri, Etawah, Kannauj, Auraiya and Farrukhabad Bulandshahar, Ghaziabad, Gautambuddhnagar, Bagpat, Meerut, Muzaffarnagar and 1
Saharanpur districts.
31
32
[SCH.III
Sultanpurdistrict. Barabankidistrict. Bahraich and Shravasti districts. GondaLocal Authorities Gondadistrict. 15. FaizabadLocal Authorities Paizabad and Ambedkamagar districts. 16. Basti-SiddharthNagar Local Basti, Santkabir Nagar and Authorities Siddharthnagar districts. Gorakhpur-Mahrajganj Local Gorakhpur and Mahrajganj Authorities districts. 18. Deoria Local Authorities Deoria and Kushinagar districts. 19. Azamgarh-Mau Local Azamgarhand Mau districts. Authorities Ballia Local Authorities Ballia district. 21. GhazipurLocal Authorities Ghazipurdistrict. 22.23. JaunpurLocal Authorities Jaunpur district. VaranasiLocal Authorities Varanasi,Chandauliand Sant Ravidasnagar districts. 24. Mirzapur-Sonbhadra Local Mirzapur and Sonbhadra Authorities districts. 25. AllahabadLocal Authorities Allahabad and Kaushambi districts. 26. Banda-Hamirpur Local Banda, Chitrakoot, Hamirpur Authorities andMahobadistricts. 27. Jhansi-Jalaun-LalitpurLocal Jalaun, Jhansi and Lalitpur Authorities districts.
Moradabad-Bijnor Local Authorities Rampur-Bareilly Local Authorities 3.4. BadaunLocal Authorities Pilibhit-Shahjahanpur Local Authorities Hardoi Local Authorities Kheri Local Authorities SitapurLocal Authorities Lucknow-Unnao Local Authorities 9.10. Rae Bareli Local Authorities Prataphgarh Local Authorities 11. SultanpurLocal Authorities 12. BarabankiLocal Authorities 13. BahraichLocal Authorities
Moradabad, Jyotibaphule Nagar, and Bijl l1ordistricts. Rampur and B:~eilly districts. Badaun district. Pilibhit and Shahjahanpur
districts.
Hardoi district. Kheri district. Sitapur district.
Lucknow districts.
and
Unnao
.3
Local Kanpur Nagar and Kanpur Kanpur-Fatehpur Authorities Dehatand Fatehpur districts. 29. Etawah-Farrukhabad Local Etawah. Farrukhabad, Authorities Kannauj and Auraiya districts. 30. Agra-Firozabad ]Local ,AgraandFirozabad districts. Authorities 31. Mathura-Etah-Mainpuri Mathura. Etah and Mainpuri Local Authorities districts. 32. Aligarh Local Authorities Aligarh andHathrasdistricts. 33. Bulandshahar Local Bulandshahar and Authorities Gautambuddhnagar districts. 34. Meerut-Ghaziabad Local Meerut. Bagpat and Authorities Ghaziabad districts. 35. Muzaffarnagar-Saharanpur Muzaffarnagar and Local Authorities Saharanpur districts.
1 2 1 1 1 1".
THE FOURTHSCHEDULE
(SeeSection20)
List of membersof the Legislative Council of Uttar Pradesh who shall cease to such members on the appointed day and deemed to be the members of the ProvisionalLegislative Assembly:1. Shri Nitya Nand Swami. 2. Dr. (Smt.)Indira Hridayesh. 3. Shri NarayanSinghRana. 4. Shri Tirath SinghRawat. 5. Shri Sri Prakash Pant. 6. Smt. NirupamaGaur. 7. Shri BhagatSinghKoshiyari. 8. Shir IshamSingh. THE FIFTH SCHEDULE
(SeeSection24) AMENDMENT OF THE CONSTITUTION (SCHEDULED CASTES) ORDER,
1950
In the Constitution (Scheduled Castes) Order, 1950,(a) in paragraph 2, for the figures "XXIII" the figures "XXIV" shall be substituted; (b) in the Schedule, after Part XXIII, the following shall be inserted,
namely:'PARTXXIV-Uttaranchal 1. Agariya
2. Badhik
28. 33
[SCH.V
cj)~ rlll!~ hI
20. Bhantu
21. 22. 23. 24. Bhuiya Bhuyiar Boria Chamar, Dhusia, Jhusia, Jatava
25. Chero
26. Dabgar
33. Dusadh
34. 35. 36. 37. 39. 40. 41. 42. 43. 44. 45. 46. Dharmi Dhariya Gond Gwal Hari Hela Kalabaz Kanjar Kapariya Karwal Kharaita Kharwar (excluding Vanwasi)
38. Habura
SCH.VII]
LIST OF FUNDS
35
51. 52. 53. 54. 56. 58. 59. 60. 61. 62. 63. 64. 65.
Khatik48. Kharot49. Kol50. Kori Korwa Lalbegi Majhwar Mazhabi55. Musahar Nat57. Pankha Parahiya Pasi,Tarmali Patari Sahariya Sanaurhiya Sansiya Shilpkar Turaiha."
THE SIXTH SCHEDULE
(See Section 25)
AMENDMENTS
In the Constitution (Scheduled Tribes) Order, 1950,(1) in paragraph 2, for the figures "XX", the figures "XXI" substituted; (2) in the Schedule, after Part XX, the following
THE SEVENTHSCHEDULE
,(See Section 47)
LIST OF FUNDS 1. Depreciation Reserve Fund-Irrigation.2. Depreciation ReserveFund-Government Press. 3. Depreciation ReserveFund-Precision Instrument Factory.
47.
36
[SCH.VIII
4. Rural Development Fund. 5. FamineRelief Fund. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28; 29. 30. 31. 32. 33. 34. 35. 36. 37.
SugarResearch LabourHousingManagement and Fund. Zamindari Abolition Fund. U.P. RoadFund. HospitalFund. TeachersGratuityFund. StateBridge Fund. GeneralInsurance Fund. Nazul Fund. StateCooperativeDevelopment Fund. Agriculture CreditRelief and SecurityFund. FarmerRelief Fund. Depreciation Reserve Fund-Power. Contingency Reserve Fund-Power. SugarFactoryRehabilitation,Modemisation Establishment and Fund. CaneResearch Development and Fund. ConsolidatedReductionon Debt Fund for State DevelopmentLoan and Zamindari Abolition and Compensation Bond. Police HouseBuilding Fund. FourthClassHouseBuilding Fund. Government Servant HousingFund. BalancedArea.Development Fund. U.P. Youth WelfareFund. U.P.StudentWelfareFund. . Language Fund. Police WelfareFund. , ' AcharyaNarendraDeo Fund. ",..":c, CalamityRelief Fund. Purvanchal Development Fund. BundelkhandDevelopment Fund. Loan Assistance Fund for payment CanePrices. of Relief for Productivity Research and Modemisationof Sick Industrial Units. Secretariat Fund. VidhayakNidhi.
SCH.IX]
LIST OF GOVERNMENTCOMPANIES
2. Subject to the said adjustments. the liability in respect of pensions of officers serving in connection with the affairs of the existing State of Uttar Pradesh 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 State of Uttar Pradesh. 3. There shall be computed, in respectof the period commencing on the appointed day and ending on such date after the appointed day, as may be fixed by the Central Government and in respectof each subsequentfinancial year, the total paymentsmade in all the successorStates in respectof pensions referred to in paragraphs 1 and 2. The total representing the liability of the existing State of Uttar Pradesh in respect of pensions shall be apportioned between the successorStates in the population ratio and any successor State paying the State paying more than its due share shall be reimbursed the excess amount by the successorState or State paying less. 4. The liability of the existing State of Uttar ~radesh in respect of pensions granted before the appointed day and drawn in any area outside the territories of the existing State shall be the liability of the State of Uttar Pradesh subject to adjustments to be made in accordance with paragraph 3 as if such pensions had been drawn in any treasury in the State of Uttar Pradesh under paragraph 1. 5. (1) The liability in respect of the pension of any officer serving immediately before the appointed day in connection with the affairs of the existing State of Uttar Pradesh and retiring on or after that day. shall be that of the successorState granting him 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 the existing State of Uttar Pradesh shall be allocated between the successor States in the population ratio. and the Government granting the pension shall be entitled to receive from each of the other successorStates 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 successorState 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 the reimbursing State bears to the total qualifying service of such officer after the appointed day reckoned for the purposes of pension. 6. Any reference in this Schedule to a pension shall be construed as including a reference to the commuted value of the pension.
SI. No. I.
Address Bhumitra Bhawan, 19-B, Vibhuti Khand, Gomati Nagar,Lucknow. 2. Uttar Pradesh Agro Industrial 22, Vidhan Sabha Marg, CorporationLtd. Lucknow. 3. Uttar Pradesh Alpasankhyak Vittiya 7th Floor, Jawahar Nigam Ltd. Bhawan, Lucknow.
37
38
SI. No. 4.
[SCH.IX
Name of Government Company Address Uttar Pradesh Electronic Corporation Nav ChetnaKendra,Ashok Ltd. Marg,Lucknow. 5. Uttar Pradesh Vidyut NigamLtd. Jal 12th Floor, Vikas Deep, StationRoad,Lucknow. 6. Uttar Pradesh Rajya Vidyut Utpadan 4-B, Gokhle Marg, NigamLtd. Lucknow. 7. Uttar PradeshLeatherDevelopment and 16/58-A, Sadar Bhati Marketing Corporation Ltd. Road,Agra. 8. Uttar Pradesh Export Corporation Ltd. 2, Rana Pratap Marg, Lucknow. 9. Uttar PradeshState Food and Essential 17, Gokhle Marg, CommoditiesCorporation Ltd. Lucknow. 10. Uttar Pradesh Small Industries 110, Industrial Estate, CorporationLtd. Fazalganj, Kanpur. 11. Uttar Pradesh State Handloom Hathkargha Bhawan, G.T. CorporationLtd. Road,Kanpur. 12. Uttar Pradesh Police Awas Nigam Ltd. A-81, Vijay Khand-lI, GomatiNagar,Lucknow. 13. Provincial Industrial Investment PICUP Bhawan, Gomati Corporation of Uttar Pradesh(PICUP) Nagar,Lucknow. Ltd. 14. The Indian Turpentine and Resin Culucttarbuckganj, Company Ltd. Bareilly. 15. Uttar PradeshStateCementCorporation Churk,Sonbhadra. Ltd. 16. Uttar Pradesh State Mineral Kapurthala Complex,
Development Corporation Ltd.
Pradesh State Industrial Development Corporation Ltd. Uttar Pradesh Project and Tubewells ICorporation Ltd. Uttar Pradesh Mahila Kalyan Nigam Ltd. Uttar Pradesh Matsya Vikas Nigam Ltd. Uttar Pradesh Panchayati Raj Vitta Nigam Ltd. Uttar Pradesh Pashudhan Udyog Nigam Ltd. Uttar Pradesh Pichhara Varg Vitta Evam Vikas Nigam Ltd.
Aliganj, Lucknow. Vastra Bhawan, Sharda Nagar, Kanpur. A-1/4, Lakhanpur, P.O. Box No. 1150, Kanpur. Left Bank, Gomati Bairaj, Gomati Nagar, Lucknow. B-2/5, Vikas Khand, Gomati Nagar, Lucknow. 4/13-14, Vivek Khand, Gomati Nagar, Lucknow. C-232, Niralanagar, Lucknow. Central Dairy Farm, Aligarh. PCF Building, 4th Floor, Station Road, Lucknow.
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33.
34.
35. 36.
Name of Government Company Address Uttar Pradesh Poultry & Livestock Campus Animal Specialities Ltd. Husbandry, Badshahbagh, Lucknow. Uttar Pradesh Development Systems 9, Sarojini Naidu Marg, Corporation Ltd. Lucknow. Uttar PradeshStateBridge Corporation 16, MadanMohanMalviya Ltd. Marg,Lucknow. Uttar PradeshRajkiya Nirman Nigam Vishveshwaraiya Bhawan, Ltd. GomatiNagar,Lucknow. Uttar Pradesh Anusuchit Jati/Janjati B-912, Sector C, Vikas Nigam Ltd. Mahanagar, Lucknow. Uttar Pradesh Samaj Kalyan Nirman Lekhraj Market, Indira NigamLtd. Nagar,Lucknow. Uttar Pradesh BhootpurvaSainik Kalyan 54-X, Jopling Road, NigamLtd. Lucknow. Uttar Pradesh (Madhya) Ganna Beej New Berry Road, Near Vikas NigamLtd. Deputy Cane Commissioner's Office, Lucknow. Uttar Pradesh (paschim) Ganna Beej Circular Road,Near Ganna Vikas NigamLtd. Kisan Sansthan, Muzaffarnagar. Uttar Pradesh (Poorva) Ganna Beej HIG- VI, Acharya Ram Vikas NigamLtd. Chandra Shukla Nagar, Deoria. Uttar Pradesh (RohilkhandTerai) Ganna 26-27, B.D.A. Colony, BeejVikas NigamLtd. Shahamatganj, Barielly. Uttar PradeshState Sugar Corporation Vipin Khand, Near Taj Ltd. Hotel, Gomati Nagar, Lucknow. Uttar Pradesh TourismCorporation Ltd. Chitrahar-3, Nawal Kishore Road,Lucknow. GarhwalMandaiVikas NigamLtd. 74, Rajpur Road, Dehradun. KumaonMandaiVikas NigamLtd. Oak Park House, Mallital, Nainital. Uttar Pradesh Hill Electronics B-2/140, Vishal Khand CorporationLtd. GomatiNagar,Lucknow. UttarPradeshWaqfVikasNigamLtd. First Floor, 118, Jawahar Bhawan, Lucknow. Uttar Pradesh Seed and Tarai Haldi, Pantnagar, Development Corporation Ltd. Udhamsinghnagar. Kumaon AnusuchitJanjatiVikas Nigam Raj Mahal Hotel Campus, Ltd. Mallital, Nainital.
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Name of Government Company Address GarhwalAnusuchit JanjatiVikas Nigam 74, Rajpur Road, Ltd. Dehradun.
CONTINUANCE OF FACILITIES IN CERTAIN STATEINSTITUTIONS List o/Training Institutions/Centres 1. Uttar Pradesh Academyof Administration,Nainital 2. Uttar Pradesh StateObservatory, Nainital 3. Institute of Management Development Uttar Pradesh, Lucknow 4. JudicialTraining and Research Institute,Lucknow 5. Dr. B.R. AmbedkarPolice Academy, Moradabad 6. Police Training College-II,Moradabad 7. Police Training College-III, Gorakhpur " 8. Armed Training Centre,Sitapur .. 9. Police Training College,Moradabad : 1f,.JJ~r 10. Police Training College,Gorakhpur 11. RecruitTraining Centre,Chunar,Mirzapur 12. Police Training College,Unnao 13. Sampurnanand PrisonTraining Institute,Lucknow 14. Secretariat Training and Management Institute,Lucknow 15. Raja TodarmalSurveyandLand RecordsInstitute,Hardoi 16. Land Consolidation Training College,Ayodhya,Faizabad 17. StateEngineers'Training Institute,Kalagarh 18. U.P. WaterandLand Management Institute,Lucknow 19. Institute of FinancialManagement Training and Research, Lucknow 20. Cooperative and Panchayat Audit Training Centre,Ayodhya,Faizabad 21. Local FundsAccountsand Audit Training Institute,Allahabad 22. Trade Tax Officers' Training Institute,Lucknow 23. StateElectricity BoardTraining Institute,Dehradun 24. U.P. StateElectricity Board Staff College,Dehradun 25. ThermalPowerTraining Institute,UPSEB,Obra,Sonbhadra 26. CentralCivil DefenceTraining Institute.Lucknow 27. Deen Dayal UpadhyayStateInstitute of Rural Development, Bakshi Ka Talab, Lucknow 28. Minor Irrigation Management WaterManagement and Training Institute, BakshiKa Talab,Lucknow 29, Smt. Indira GandhiCooperative Institute,Lucknow 30. Cooperative Training College,Dehradun 31. Agriculture Cooperative Staff Training Institute,Lucknow 32. Institute of Cooperative, CorporateManagement Research and Training, Indira Nagar,Lucknow 33. U.P. CaneDevelopment Institute,Lucknow 34. Uttar Pradesh StateTransportCorporation Training Institute,Kanpur
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35. Uttar Pradesh StateEducationResearch Training Board,Allahabad and 36. Scheduled Castesand Scheduled Tribes Research Training Institute, and Lucknow 37. Hotel Management CateringInstitute,Dehradun and 38. Research, Development Training Institute,Kanpur and 39. Uttar Pradesh ExciseTraining Institute,Rae Bareili 40. CentralWorkers EducationBoard,Kanpur 41. StateInstituteof Healthand Family Welfare,Indira Nagar,Lucknow 42. Office of the Inspector Officers,U.P. Allahabad of 43. State Planning Institute, Training Division, Kalakankar House, Old Hyderabad, Lucknow 44. Institute of Entrepreneurship Development, Lucknow 45. Hotel Management CateringInstitute,Almora and 46. Moti Lal Nehru RegionalEngineeringCollege,Allahabad 47. StateArchitectureCollege,Lucknow 48. CentralTextile Institute,Kanpur 49. Instituteof Engineeringand Rural Technology, Allahabad 50. NorthernRegionalInstituteof Printing Technology, Allahabad 51. Khadi and GramodyogBoard,8, Tilak Marg, Lucknow 52. Dr. AmbedkarInstituteof Technologyfor Handicapped, Kanpur 53. Government LeatherInstitute,Agra 54. Government LeatherInstitute,Kanpur 55. JointEntranceExaminationCouncil,Lucknow