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HARYANA AND UTTAR PRADESH (ALTERATION OF BOUNDARIES ACT, 1979)
STATEMENT OF OBJECTS AND REASONS At present the boundary between the States of Haryana and Uttar Pradesh is partly fixed with reference to the boundaries of adjacent border villages and partly variable, being the deep stream of the river Yamuna which often changes its course. Out of the five border districts of Haryana and six of Uttar Pradesh, the boundary between Ambala and Kurukshetra districts of Haryana and Saharanpur district of Uttar Pradesh is fixed, and so is the boundary between Gurgaon district of Haryana and Mathura district of Uttar Pradesh. The deep stream of the Yamuna has all along been declared to be the boundary between Kamal and Sonepat districts of Haryana on the one side and Saharanpur, Muzaffarnagar and Meerut districts of Uttar Pradesh on the other, and also between Gurgaon district of Haryana and Bulandshahr and Aligarh districts of Uttar Pradesh. 2. Attempts were made from time to time in the past to replace the river boundary by a fixed boundary, particularly in the portion covering Ballabhgarh tehsil of Gurgaon district, but for one reason or another, these attempts remained inconclusive. Laterly, after the establishment of Haryana as a separate State, the disagreement between the two State Governments over the exact location of the river boundary between Gurgaon and Bulandshahr districts grew more and more pronounced. 3. With a view to settling once for all the problems arising out of the fluctuating boundary, then the Chief Ministers of Uttar Pradesh and Haryana had suggested to the then Home Minister, Shri Uma Shankar Dikshit, in May 1974 that the latter might agree to arbitrate in this matter in his personal capacity: and that the Award of his arbitration would be accepted by both the parties. Accordingly, Shri Dikshit gave his Award on 14th February, 1975, recommending the replacement of the variable boundary described therein. The Bill seeks to give effect to the Award. 4. Clause 27 of the Bill provides that the existing laws shall continue to be in force in the transferred territories until otherwise provided by a competent legislature or other competent authority. To facilitate identification of the transferred territories by the authorities who have to implement the laws, provision has been made for the demarcation of the fixed boundary on land and preparation and supply of maps to the Governments of Haryana and Uttar Pradesh. 5. The Bill also makes the necessary supplemental and incidental provisions relating to the representation in Parliament and State Legislatures, transfer of jurisdiction between the High Courts of Punjab and Haryana and Allahabad, authorisation of expenditure, apportionment of assets and liabilities and certain other matters. 6. As required by the proviso to Article 3 of the Constitution this Bill was referred by the President to the Legislatures of the States of Haryana and Uttar Pradesh for expression of their views. 7. The notes on clauses explain in detail the various provisions of the Bill. --See Gaz. of India, 15-5-1978 Pt. II, S. 2. Ext., p. 635.
An act to provide for the alteration of boundaries of the States of Haryana and Uttar Pradesh and for matters connected therewith. Be it enacted by Parliament in the Thirtieth Year of the Republic of India as follows:
PART 01: PRELIMINARY
OBJECTS AND REASONS Clause 2.- At present, the boundary between the Karnal and Sonepat districts of the State of Haryana and the Saharanpur, Muzaffarnagar and Meerut districts of the State of Uttar Pradesh in the northern sector and the boundary between Gurgaon district of the State of Haryana and the Bulandshahr and Aligarh districts of the State of Uttar Pradesh in the southern sector is the deep stream of the river Yamuna as it emerges after each rainy season. A survey of the river Yamuna was conducted by the Survey of India during 1971 -72. In order to take into account any subsequent changes in the deep stream, the deep stream of Yamuna was again verified and determined by the Survey of India during the months of November. 1974, December, 1974. January, 1975 and February, 1975. Sub-clause (g) defines the "present deep stream line" which forms the basis of the fixed boundaries as defined in sub-clause (c).-S.O.R.
SECTION 01: SHORT TITLE
This Act may be called the Haryana and Uttar Pradesh (Alteration of Boundaries) Act.
SECTION 02: 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) "assembly constituency", "council constituency" and "parliamentary constituency" have the same meanings as in the Representation of the People Act, 1950-;
(c) "fixed boundaries" means the boundaries demarcated under the provisions of section 3;
(d) "law" includes any enactment, Ordinance, regulation, order, bye-law, rule, scheme, notification or other instrument having the force of law in the whole or in any part of the State of Haryana or Uttar Pradesh.
(e) "notified order" means an order published in the Official Gazette;
(f) "prescribed" means prescribed by rules made under this Act;
(g) "present deep stream line" means the deep stream line of the river Yamuna as verified and determined by the Survey of India during the months of November, 1974, December, 1974, January, 1975 and February 1975:
(h) "sitting member", in relation to either House of Parliament or of the Legislature of State, means a person who immediately before the appointed day is member of that House;
(i) "transferred territories" means,-
(a) in relation to the State of Haryana, the territories transferred by this Act from that State to the State of Uttar Pradesh, and
(b) in relation to the State of Uttar Pradesh, the territories transferred by this Act from that State to the State of Haryana;
(j) any reference to a district of a State shall be construed as a reference to the area physically comprised within that district immediately before the appointed day.
PART 02: ALTERATION OF BOUNDARIES
OBJECTS AND REASONS Clause 3 and Schedule.- The inter-State boundary immediately before the transfer of territories would be the deep stream of Yamuna as it would emerge at the end of the rainy season preceding the transfer. Sub-clause (1) seeks to replace the present deep stream boundaries by fixed boundaries as described in the Schedule. The Schedule to the Bill describes the fixed boundary but it has to be actually located on the ground and demarcated after making the necessary survey. Sub-clause (2), therefore, provides for the demarcation being done by an authority appointed by the Central Government. The description of the fixed boundary in the Schedule which follows the Award given by Shri Uma Shankar Dikshit is in terms of 'the present deep stream line" and in terms of inter-village boundaries as ascertained and mapped at the Settlement of Gurgaon district completed in the year 1943. Sub-clause (3) seeks to empower the demarcating authority to interpret and take into account the relevant records. This sub-clause also seeks to confer necessary powers on the demarcating authority to conduct survey in the area concerned and to determine the points at which the boundary pillars shall be located and the State which shall be responsible for the construction and maintenance of each such pillar. As stated above, the village boundaries mentioned in the Schedule relate to the year 1943. Since then on account of change in the course of Yamuna and consequent transfer of land from one State to another, the village boundaries have undergone change. Sub-clause (4), therefore, provides for the preparation of maps showing the "present deep stream line"; the fixed boundary in relation thereto and the names and boundaries of villages as they exist at the time of their preparation; and for authenticated copies of such maps being sent to the Central Government and lo the Governments of Haryana and Uttar Pradesh.-S.O.R.OBJECTS AND REASONS Clause 4.- Sub-clause (1) provides for the transfer to the State of Haryana of the territories of the State of Uttar Pradesh lying on the Haryana side of the fixed boundary and for the transfer to the State of Uttar Pradesh of the territories of the State of Haryana lying on the Uttar Pradesh side of the fixed boundary. Sub-clause (2) provides for the issue of notified orders by the two State Governments providing for the administration of the transferred territories by including them or any part of them in such district, sub-division, police station or other administrative unit as may be specified in the orders.-S.O.R.OBJECTS AND REASONS Clause 15. This clause seeks to make consequential amendments in the First Schedule to the Constitution.- S.O.R.
SECTION 03: REPLACEMENT OF FLUCTUATING BOUNDARIES BY FIXED BOUNDARIES
(1) As from the appointed day, the boundary between the Karnal and Sonepat districts of the State of Haryana and the Saharanpur, Muzaffarnagar and Meerut districts of the State of Uttar Pradesh and the boundary between the Gurgaon district of the State of Haryana and the Bulandshahr and Aligarh districts of the State of Uttar Pradesh which at present is the deep stream of the river Yamuna, shall be altered to and replaced by fixed boundaries.
(2) The said fixed boundaries shall be demarcated by an authority appointed in this behalf by the Central Government so as to be generally in conformity with the fixed boundaries described in the Schedule.
(3) For the purposes of such demarcation,-
(a) the decision of the said authority on any matter relating to the interpretation of any part of the description of the fixed boundary given in the Schedule shall be final;
(b) the said authority shall have power to determine the location of the points at which the boundary pillars shall be constructed and to specify the State Government which shall be responsible for the construction and maintenance of the boundary pillars at such points according to such specifications as that authority may indicate (the pillars of the same specifications being apportioned as far as practicable, equally between the two
State Governments), the decision of the said authority in regard to these matters being final;
(c) it shall be lawful for the said authority and for any person specified by such authority to enter upon and survey any area in the vicinity of any of the fixed boundaries described in the Schedule and to do all other acts as may be necessary.
(4) The authority referred to in sub-section (2) shall also prepare maps of the areas on both sides of the fixed boundaries and in the vicinity thereof showing-
(a) the present deep stream line and the fixed boundary in relation to it: and
(b) the names and boundaries of the villages on both sides of the fixed boundary as indicated by the State Government concerned with reference to the revenue records of that Government, and send authenticated copies thereof to the Central Government and to the State Governments of Haryana and Uttar Pradesh.
SECTION 04: TRANSFER OF TERRITORIES
(1) As from the appointed day,-
(a) there shall be added to the State of Haryana all the territories of the State of Uttar Pradesh which lie on the Haryana side of the fixed boundaries, and the said territories shall thereupon cease to form part of the State of Uttar Pradesh; and
(b) there shall be added to the State of Uttar Pradesh all the territories of the State of Haryana which lies on the Uttar Pradesh side of the fixed boundaries, and the said territories shall thereupon cease to form part of the State of Haryana.
(2) Each of the State Governments of Haryana and Uttar Pradesh shall, by order in the Official Gazette of the State, provide for the administration, as from the appointed day, of the territories transferred to that State under sub-section (1) by including them or any part of them in such district, sub-division, police-station or other administrative unit as may be specified in the order.
SECTION 05: AMENDMENT OF FIRST SCHEDULE TO THE CONSTITUTION
As from the appointed day in the First Schedule to the Constitution, under the heading "1. THE STATES"-
(a) for the entry against "13. Uttar Pradesh", the following shall be substituted, namely:- "The territories which immediately before the commencement of this Constitution were either comprised in the Province known as the United Provinces or were being administered as if they formed part of that Province, the territories specified in clause (b) of sub-section (1) of section 3 of the Bihar and Uttar Pradesh (Alteration of Boundaries) Act, 1968-. and the territories specified in clause (b) of sub-section (1) of section 4 of the Haryana and Uttar Pradesh (Alteration of Boundaries) Act, 1979-, but excluding the territories specified in clause (a) of sub-section (1) of section 3 of the Bihar and Uttar Pradesh (Alteration of Boundaries) Act, 1968-, and the territories specified in clause (a) of sub-section (1) of section 4 of the Haryana and Uttar Pradesh (Alteration of Boundaries) Act, 1979-;"
(b) for the entry against "17 Haryana", the following shall be substituted, namely:- "The territories specified in sub-section (1) of section 3 of the Punjab Reorganisation Act, 1966-and the territories specified in clause (a) of sub-section (1) of section 4 of the Haryana and Uttar Pradesh (Alteration of Boundaries) Act, 1979-, but excluding the territories specified in clause (b) of sub-section (1) of section 4-of that Act".
PART 03: REPRESENTATION IN THE LEGISLATURES
OBJECTS AND REASONS Clause 6.- This clause provides for the necessary adjustment of the parliamentary, assembly and council constituencies.- S.O.R.OBJECTS AND REASONS Clause 7.- This clause provides that the sitting members of the House of the People and the State Legislatures representing the constituencies altered by the provisions of the Bill will continue to represent those constituencies as altered.-S.O.R.
SECTION 06: CONSTRUCTION OF DELIMITATION ORDERS
As from the appointed day, any reference in any order relating to delimitation of parliamentary constituencies, assembly constituencies or council constituencies-
(a) (i) to the State of Haryana, shall be construed as including the territories transferred to that State from the State of Uttar Pradesh under clause (a) of sub-section ( 1 ) of section 4, but excluding the territories transferred from the State of Haryana to the State of Uttar Pradesh under clause (b) of that sub-section;
(ii) to any district, sub-division, police station or other administrative unit in the State of Haryana, shall be construed as including that part of the territories, if any, transferred to that State, which is included in that district, sub-division, police station or other administrative unit by order made under sub-section (2) of section 4-;
(b) (i) to the State of Uttar Pradesh, shall be construed as including the territories transferred to that State from the State of Haryana under clause (b) of sub-section (1) of section 4-, but excluding the territories transferred from the State of Uttar Pradesh to the State of Haryana under clause (a) of that sub-section;
(ii) to any district, sub-division, police station or other administrative unit in the State of Uttar Pradesh, shall be construed as including that part of the territories, if any, transferred to that State, which is included in that district, sub-division, police station or other administrative unit by order made under sub-section (2) of section 4-.
SECTION 07: PROVISION AS TO SITTING MEMBERS
(1) Every sitting member of the House of the People representing any parliamentary constituency the extent of which has been altered by virtue of the provisions of this Act shall, notwithstanding such alteration, be deemed, as from the appointed day, to have been elected to that House by the constituency as so altered.
(2) Every sitting member of the Legislative Assembly of the State of Haryana or Uttar Pradesh representing any assembly constituency the extent of which has been altered by virtue of the provisions of this Act shall, notwithstanding such alteration, be deemed, as from the appointed day, to have been elected to the said Legislative Assembly by that constituency as so altered.
(3) Every sitting member of the Legislative Council of the State of Uttar Pradesh representing any council constituency the extent of which has been altered by virtue of the provisions of this Act shall, notwithstanding such alteration, be deemed, as from the appointed day, to have been elected to the said Legislative Council by that constituency as so altered.
PART 04: HIGH COURTS
OBJECTS AND REASONS Clauses 8 to 11.- These clauses provide for the alteration of the jurisdiction of the High Court of Punjab and Haryana and the High Court of Judicature at Allahabad. They also provide for the transfer of proceedings pending in either of the High Courts to the other High Court and enable advocates already engaged in such proceedings to appear and to act in the other High Court in relation to those proceedings. -S.O.R.OBJECTS AND REASONS See under Section 8 OBJECTS AND REASONS See under Section 8 OBJECTS AND REASONS See under Section 11
SECTION 8 EXTENSION OF JURISDICTION OF, AND TRANSFER OF PROCEEDINGS TO, HIGH COURT OF PUNJAB D HARYANA
(1) Except as hereinafter provided-
(a) the jurisdiction of the High Court of Punjab and Haryana shall, as from the appointed day, extend to the territories transferred by this Act from the State of Uttar Pradesh to the State of Haryana; and
(b) the High Court of Judicature at Allahabad shall, as from that day, have no jurisdiction in respect of the said territories.
(2) Such proceedings pending in the High Court of Judicature at Allahabad immediately before the appointed day as are certified by the Chief Justice of that High Court, having regard to the place of accrual of the cause of action and other circumstances, to be proceedings which ought to be heard and decided by the High Court of Punjab and Haryana shall, as soon as may be after such certification, be transferred to the High Court of Punjab and Haryana.
(3) Notwithstanding anything contained in sub-sections (1) and (2), but save as hereinafter provided, the High Court of Judicature at Allahabad shall have, and the High Court of Punjab and Haryana shall not have, jurisdiction to entertain, hear or dispose of appeals, applications for leave to appeal to the Supreme Court, applications for reviews and other proceedings, where any such proceedings seek any relief in respect of any order passed by the High Court of Judicature at Allahabad before the appointed day; Provided that if. after such proceedings have been entertained by the High Court of Judicature at Allahabad, it appears to the Chief Justice of that High Court that they ought to be transferred to the High Court of Punjab and Haryana, he shall order that they shall be so transferred and such proceedings shall thereupon be transferred accordingly.
(4) Any order made by the High Court of Judicature at Allahabad--
(a) before the appointed day in any proceedings transferred to the High Court of Punjab and Haryana by virtue
of sub-section (2), or
(b) in any proceedings with respect to which the High Court of Judicature 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 of Judicature at. Allahabad,' but also as an order made by the High Court of Punjab and Haryana.
(5) Subject to any rule made or direction given by the High Court of Punjab and Haryana, any such person who immediately before the appointed day is an advocate entitled to practise in the High Court of Judicature at Allahabad as may be specified in this behalf by the Chief Justice of the High Court of Punjab and Haryana having regard to the transfer of territories from the State of Uttar Pradesh to the State of Haryana, shall be recognised as an advocate entitled to practise in the High Court of Punjab and Haryana.
SECTION 09: EXTENSION OF JURISDICTION OF, AND TRANSFER OF PROCEEDINGS TO, HIGH COURT AT ALLAHABAD
(1) Except as hereinafter provided-
(a) the jurisdiction of the High Court of Judicature at Allahabad shall, as from the appointed day, extend to the territories transferred by this Act from the State of Haryana to the State of Uttar Pradesh: and
(b) the High Court of Punjab and Haryana shall, as from that day, have no jurisdiction in respect of the said territories.
(2) Such proceedings pending in the High Court of Punjab and Haryana immediately before the appointed day as are certified by the Chief Justice of that High Court, having regard to the place of accrual of the cause of action and other circumstances, to be proceedings which ought to be heard and decided by the High Court of Judicature at Allahabad shall, as soon as may be after such certification, be transferred to the High Court of Judicature at Allahabad.
(3) Notwithstanding anything contained in sub-sections (1) and (2), but save as hereinafter provided, the High Court of Punjab and Haryana shall have and the High Court of Judicature at Allahabad shall not have, jurisdiction lo entertain, hear or dispose of appeals, applications for leave to appeal to the Supreme Court, applications for review and other proceedings, where any such proceedings seek any relief in respect of any order passed by the High Court of Punjab and Haryana before the appointed day: Provided that if, after such proceedings have been entertained by the High Court of Punjab and Haryana, it appears to the Chief Justice of the High Court that they ought to be transferred to the High Court of Judicature at Allahabad, he shall order that they shall be so transferred and such proceedings shall thereupon be transferred accordingly.
(4) Any order made by the High Court of Punjab and Haryana-
(a) before the appointed day in any proceedings transferred to the High Court of Judicature at Allahabad by virtue of sub-section (2); or
(b) in any proceedings with respect to which the High Court of Punjab and Haryana retains jurisdiction by virtue of sub-section (3), shall, for all purposes, have effect not only as an order of the High Court of Punjab and Haryana, but also as an order made by the High Court of Judicature at Allahabad.
(5) Subject to any rule made or direction given by the High Court of Judicature at Allahabad, any such person who immediately before the appointed day is an advocate entitled to practise in the High Court of Punjab and Haryana as may be specified in this behalf by the Chief Justice of the High Court of Judicature at Allahabad having regard to the transfer of territories from the State of Haryana to the State of Uttar Pradesh shall be recognised as an advocate entitled to practise in the High Court of Judicature at Allahabad.
SECTION 10: RIGHT TO APPEAR IN ANY PROCEEDINGS TRANSFERRED UNDER SECTION 8 OR SECTION 9
Any person who immediately before the appointed day is an advocate entitled to practise in the High Court of Punjab and Haryana or the High Court of Judicature at Allahabad and was authorised to appear in any proceedings transferred under Section 8-orSection 9-shall have the right to appear in the High Court to which the proceedings have been transferred in relation to those proceedings.
SECTION 11: INTERPRETATION
For the purposes of Sections 8-and9-,-
(a) proceedings shall be deemed to be pending in the High Court of Punjab .and Haryana or the High Court of Judicature at Allahabad until that Court has disposed of all issues between the parties, including any issue with respect to the taxation of the costs of the proceedings and shall include appeals, applications for leave to appeal to the Supreme Court, applications for review, petitions for revision and petitions for writs.
(b) references to the High Court of Punjab and Haryana or the High Court of Judicature at
Allahabad 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.
PART 05: AUTHORISATION OF EXPENDITURE
OBJECTS AND REASONS Clause 12.- This clause makes necessary provisions to enable the two States to incur expenditure on the administration of the territories transferred to them until the expenditure is specifically sanctioned by the appropriate Legislature.-S.O.R.OBJECTS AND REASONS Clause 13.- This clause provides that the audit reports of the Comptroller and Auditor General of India relating to the accounts of either of the States in respect of any financial year ending before the appointed day shall be submitted to the Governor of each of the two States who shall cause them to be laid before the State Legislature concerned.--S.O.R.
SECTION 12: APPROPRIATION OF MONEYS FOR EXPENDITURE IN TRANSFERRED TERRITORIES UNDER EXISTING APPROPRIATION ACTS
(1) As from the appointed day any Act passed by the Legislature of the State of Haryana or Uttar Pradesh before that day for the appropriation of any moneys out of the Consolidated Fund of the State to meet any expenditure in respect of any part of the financial year in which the appointed day falls shall have effect also in relation to the territories transferred to that State by the provisions of Part II and it shall be lawful for the State Government to spend any amount on any service in those territories out of the amount authorised by such Act to be expended for that service during the financial year in that State.
(2) The Governor of Haryana or of UttarPradesh may, after the appointed day, authorise such expenditure from the Consolidated Fund of the State as he deems necessary for any purpose or service in the territories transferred to that State for a period of not more than six months beginning with the appointed day pending the sanction of such expenditure by the Legislature of the State : Provided that no such auhorisation shall be made so as to have effect for any period after the end of the financial year in which the appointed day falls.
SECTION 13: REPORTS RELATING TO ACCOUNTS OF HARYANA AND UTTAR PRADESH
The reports of the Comptroller and Auditor-General of India referred to in clause (2) of article 151 of the Constitution relating to the accounts of the State Haryana or Uttar Pradesh in respect of any financial year ending before the appointed day shall be submitted to the Governor of each of the States of Haryana and Uttar Pradesh who shall cause them to be laid before the Legislature of the State.
PART 06: APPORTIONMENT OF ASSETS AND LIABILITIES
OBJECTS AND REASONS Clause 14 to 25.- These clauses relate to the apportionment of the assets and liabilities of the State Governments in relation to the territories transferred from one State to another and follow generally the corresponding provisions of the Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959-orthe Bombay Reorganisation Act, 1960or the Bihar and Uttar Pradesh (Alteration of Boundaries) Act, 1968-.--S.O.R.OBJECTS AND REASONS See under Section 14-OBJECTS AND REASONS See under Section 14-OBJECTS AND REASONS See under Section 14-OBJECTS AND REASON'S See under Section 14-OBJECTS AND REASONS See under Section 14-OBJECTS AND REASONS See under Section 14-OBJECTS AND REASONS See under Section 14-OBJECTS AND REASONS See under Section 14-OBJECTS AND REASONS See under Section 14-OBJECTS AND REASONS See under Section 14-OBJECTS AND REASONS See under Section 14-
SECTION 14: LAND AND GOODS
(1) Subject to the other provisions of this Part, all land and all stores, articles and other goods belonging to the State of Haryana or Uttar Pradesh in the transferred territories shall, as from the appointed day, pass to the State to which the territories are transferred.
(2) In this section, the expression "land" includes immovable property of every kind and any rights in or over such property.
SECTION 15: ARREARS OF TAXES
The right of the State of Haryana or Uttar Pradesh to recover arrears of any tax or duty on property situate in the transferred territories, including land revenue, or to recover arrears of any other tax or duty in any case where the place of assessment of that tax or duty is in the transferred territories shall belong to the State to which the territories are transferred.
SECTION 16: RIGHT TO RECOVER LOANS AND ADVANCES
The right to recover any loans or advances made before the appointed day by the State of Haryana or Uttar Pradesh to any local body, society, agriculturist, or other person in the transferred territories shall belong to the State to which the territories are transferred.
SECTION 17: REFUND OF TAXES COLLECTED IN EXCESS
The liability of the State of Haryana or Uttar Pradesh to refund any lax or duly on property situate in the transferred territories including land revenue, collected in excess shall be the liability of the State to which the territories are transferred, and the liability of the Slate of Haryana or Uttar Pradesh to refund any other lax or duty collected in excess in any case where the place of assessment of the tax or duty is in the transferred territories shall also be the liability of the State to which the territories are transferred.
SECTION 18: DEPOSITS
The liability of the State of Haryana or Uttar Pradesh in respect of any civil deposit or local fund deposit made in the transferred territories shall, as from the appointed day, be the liability of the State to which the territories are transferred.
SECTION 19: CONTRACTS
(1) Where, before the appointed day, the State of Haryana or 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 such purposes are, as from that day, purposes relatable exclusively to the transferred territories of the State to which the territories are transferred: and
(b) in any other case, of the State which made the contract, and all rights and liabilities which have accrued, or may accrue, under any such contract shall, to the extent to which they are rights or liabilities of the State which made the contract be the rights or liabilities of the State specified in clause (a) or clause (b) above.
(2) For the purposes of this section, there shall be deemed to be included in the liabilities which have accrued or may accrue under any contract-
(a) any liability to satisfy an order or award made by any court or other tribunal in proceedings relating to the contract; and
(b) any liability in respect of expenses incurred in or in connection with any such proceedings.
(3) This section shall have effect subject to the other provisions of this Part relating to the apportionment of liabilities in respect of loans, guarantees and other financial obligations.
SECTION 20: LIABILITY IN RESPECT OF ACTIONABLE WRONG
Where, immediately before the appointed day, the State of Haryana or Uttar Pradesh is subject to any liability in respect of an actionable wrong, other than breach of contract, that liability shall,-
(a) if the cause of action arose wholly within the transferred territories be a liability of the State to which the territories are transferred; and
(b) in any other case, continue to be a liability of the State which, immediately before that day, was subject to such liability.
SECTION 21: LIABILITY AS GUARANTOR OF CO--OPERATIVE SOCIETIES
Where, immediately before the appointed day, the State of Haryana or Uttar Pradesh is liable as guarantor in respect of any liability of a registered co-operative society, that liability shall,-
(a) if the area of the society's operations is limited to the transferred territories, be a liability of the State to which the territories are transferred; and
(b) in any other case, continue to be a liability of the State which immediately before that day was subject to such liability.
SECTION 22: ITEMS IN SUSPENSE
If any item in suspense is ultimately found to affect an asset or liability of the nature referred to in any of the foregoing provisions of this Part, it shall be dealt with in accordance with that provision.
SECTION 23: APPORTIONMENT OF ASSETS OR LIABILITIES BY AGREEMENT
Where the States of Haryana and Uttar Pradesh agree that the benefit or burden of any particular asset or liability should be apportioned between them in a manner other than that provided for in the foregoing provisions of this Part, then, notwithstanding anything contained therein, the benefit or burden of that asset or liability shall be apportioned in the manner agreed upon.
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