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MADHYA PRADESH REORGANISATION ACT, 2000
28 of 2000
August 25, 2000
An Act to provide for the reorganisation of the existing State of Madhya Pradesh and for matters connected therewith Be it enacted by Parliament in the Fifty-first Year of the Republic of India as follows:—
SECTION 01: SHORT TITLE
This Act may be called the Madhya Pradesh Reorganisation Act, 2000.
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)"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 (43 of 1950);
(d) "Election Commission" means the Election Commission appointed by the President under Article 324;
(e) "existing State of Madhya Pradesh" means the State of Madhya Pradesh as existing immediately before the appointed day;
(f) "law" includes any enactment, ordinance, regulation, order, 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 Madhya Pradesh;
(g) "notified order" means an order published in the Official Gazette;
(h) "population ratio", in relation to the States of Madhya Pradesh and Chhattisgarh means the ratio of 485.7:176.2;
(i) "sitting member", in relation to either House of Parliament or of the Legislature of the existing State of Madhya Pradesh means a person who immediately before the appointed day, is a member of that House;
(j) "successor State", in relation to the existing State of Madhya Pradesh means the State of Madhya Pradesh or Chhattisgarh;
(k)"transferred territory" means the territory which on the appointed day is transferred from the existing State of Madhya Pradesh to the State of Chhattisgarh;
(l) "treasury" includes a sub-treasury; and (m)any reference to a district, tehsil or other territorial division of the existing State of Madhya Pradesh shall be construed as a reference to the area comprised within that territorial division on the appointed day.
SECTION 03: FORMATION OF CHHATTISGARH STATE
On and from the appointed day, there shall be formed a new State to be known as the State of Chhattisgarh comprising the following territories of the existing State of Madhya Pradesh, namely:— Bastar, Bilaspur, Dantewada, Dhamatari, Durg, Janjgir-Champa, Jashpur, Kanker, Kawardha, Korba, Koriya, Mahasamund, Raigarh, Raipur, Rajnandgaon and Surguja districts, and thereupon the said territories shall cease to form part of the existing State of Madhya Pradesh.
SECTION 04: STATE OF MADHYA PRADESHAND TERRITORIAL DIVISIONS THEREOF
On and from the appointed day, the State of Madhya Pradesh shall comprise the territories of the existing State of Madhya Pradesh other than those specified in Section 3.
SECTION 05: AMENDMENT OFTHE FIRST SCHEDULE TO THE CONSTITUTION
On and from the appointed day, in the First Schedule to the Constitution, under the heading "I. THE STATES",—
(a) in the paragraph relating to the territories of the State of Madhya Pradesh, after the words, brackets and figures "the Rajasthan and Madhya Pradesh (Transfer of Territories) Act, 1959 (47 of 1959)," the following shall be added, namely:—
"but excluding the territories specified in Section 3 of the Madhya Pradesh
Reorganisation Act, 2000.";
(b) after Entry 25, the following entry shall be inserted, namely:—
"26. Chhattisgarh: The territories specified in Section 3 of the Madhya Pradesh
Reorganisation Act, 2000.".
SECTION 06: SAVING POWERS OF THE STATE GOVERNMENT
Nothing in the foregoing provisions of this Part shall be deemed to affect the power of the Government of MadhyaPradesh or Chhattisgarh to alter, after the appointed day, the name, area or boundaries of any district or other territorial division in the State.
SECTION 07: AMENDMENTOF THE FOURTHSCHEDULE TO THECONSTITUTION
On and from the appointed day, in the Fourth Schedule to the Constitution, in the Table,—
(a) Entries 9 to 27 shall be renumbered as Entries 10 to 28 respectively;
(b) in Entry 8, for the Figures "16", the Figures "11" shall be substituted;
(c) after Entry 8, the following entry shall be inserted, namely:— "9.
Chhattisgarh ............. 5.".
SECTION 08: ALLOCATION OF SITTING MEMBERS
(1) On and from the appointed day, the sixteen sitting members of the Council of States representing the existing State of Madhya Pradesh shall be deemed to have been elected to fill the seats allotted to the States of Madhya Pradesh and Chhattisgarh, as specified in the First Schedule to this Act.
(2) The term of office of such sitting members shall remain unaltered.
SECTION 09: REPRESENTATION IN THE HOUSE OF THE PEOPLE
On and from the appointed day, there shall be allocated 29 seats to the successor State of Madhya Pradesh and 11 to the successor State of Chhattisgarh, in the House of the People and the First Schedule to the Representation of the People Act, 1950 (43 of 1950) shall be deemed to be amended accordingly.
SECTION 10: DELIMITATION OF PARLIAMENTARY AND ASSEMBLY CONSTITUENCIES
On and from the appointed day, the Delimitation of Parliamentary and Assembly Constituencies Order, 1976, shall stand amended as directed in the Second Schedule to this Act.
SECTION 11: PROVISION AS TO SITTING MEMBERS
(1) Every sitting member of the House of the People representing a constituency which, on the appointed day by virtue of the provisions of Section 10, stands allotted, with or without alteration of boundaries, to the successor States of MadhyaPradesh or Chhattisgarh, shall be deemed to have been elected to the House of the People by that constituency as so allotted.
(2) The term of office of such sitting members shall remain unaltered.
SECTION 12: PROVISIONS AS TO LEGISLATIVE ASSEMBLIES
(1) The number of seats as on the appointed day in the Legislative Assemblies of the States of Madhya Pradeshand Chhattisgarh shall be two hundred and thirty and ninety respectively.
(2) In the Second Schedule to the Representation of the People Act, 1950 (43 of 1950), under heading "1. STATES",—
(a) Entries 5 to 25 shall be renumbered as Entries 6 to 26 respectively;
(b) after Entry 4, the following entry shall be inserted, namely:— "5.
Chhattisgarh .... . . .. 90.";
(c) in Entry 13, as so renumbered, for the Figures "320", the Figures "230" shall be substituted.
SECTION 13: ALLOCATION OF SITTING MEMBERS
(1)Every sitting member of the Legislative Assembly of the existing State of Madhya Pradesh elected to fill a seat in that Assembly from a constituency which on the appointed day by virtue of the provisions of Section 10 stands allotted, with or without alteration of boundaries, to the State of Chhattisgarh shall, on and from that day, cease to be a member of the Legislative Assembly of Madhya Pradesh and shall be deemed to have been elected to fill a seat in the Legislative Assembly of Chhattisgarh from that constituency so allotted.
(2) All other sitting members of the Legislative Assembly of the existing State of Madhya Pradesh shall continue to be members of the Legislative Assembly of that State and any such sitting member representing a constituency the extent, or the name and extent of which are altered by virtue of the provisions of Section 9 shall be deemed to have been elected to the Legislative Assembly of Madhya Pradesh by that constituency as
so altered.
(3) Notwithstanding anything contained in any other law for the time being in force, the Legislative Assemblies of Madhya Pradeshand Chhattisgarh shall be deemed to be duly constituted on the appointed day.
(4) The sitting member of the Legislative Assembly of the existing State of Madhya Pradesh nominated to that Assembly under Article 333 to represent the Anglo-Indian community shall be deemed to have been nominated to represent the said community in the Legislative Assembly of Madhya Pradesh under that article.
SECTION 14: DURATION OF LEGISLATIVE ASSEMBLIES
The period of five years referred to in clause
(1) of Article 172, shall, in the case of Legislative Assembly of the State of Madhya Pradesh and the State of Chhattisgarh be deemed to have commenced on the date on which it actually commenced in the case of Legislative Assembly of the existing State of Madhya Pradesh.
SECTION 15: SPEAKERS ANDDEPUTY SPEAKERS
(1) The persons who immediately before the appointed day are the Speaker and Deputy Speaker of the Legislative Assembly of the existing State of Madhya Pradesh shall continue to be the Speaker and Deputy Speaker respectively of that Assembly on and from that day.
(2) As soon as maybe after the appointed day, the Legislative Assembly of the successor State of Chhattisgarh shall choose two members of that Assembly to be respectively Speaker and Deputy Speaker thereof and until they are so chosen, the duties of the office of the Speaker shall be performed by such member of the Assembly as the Governor may appoint for the purpose.
SECTION 16: RULES OF PROCEDURE
The rules of procedure and conduct of business of the Legislative Assembly of Madhya Pradesh as in force immediately before the appointed day shall, until rules are made under clause (1) of Article 208, be the rules of procedure and conduct of business of the Legislative Assembly of the State of Chhattisgarh, subject to such modifications and adaptations as may be made therein by the Speaker thereof.
SECTION 17: DELIMITATIONOF CONSTITUENCIES
(1) For the purpose of giving effect to the provisions of Section 12, the Election Commission shall determine in the manner hereinafter provided—
(a) the number of seats to be reserved for the Scheduled Castes and the Scheduled Tribes in the Legislative Assemblies of the States of Madhya Pradesh and Chhattisgarh, respectively having regard to the relevant provisions 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 subsection (1), the Election Commission shall have regard to the following provisions, namely:—
(a) all the constituencies shall be single-member constituencies;
(b) all constituencies shall, as far as practicable, be geographically compact areas and in delimiting them, regard shall be had to physical features, existing boundaries of administrative units, facilities of communication and conveniences to the public; and
(c) constituencies in which seats are reserved for the Scheduled Castes and the Scheduled Tribes shall, as far as practicable, be located in areas where the proportion of their population to the total population is the largest.
(3) The Election Commission shall, for the purpose of assisting it in the performance of its functions under sub-section (1), associate with itself as associate members, five persons as the Central Government may, by order specify, being persons who are members of the Legislative Assembly of the State or of the House of the People representing the State: Provided that none of the associate members shall have a right to vote or to sign any decision of the Election Commission.
(4) If, owing to death or resignation, the office of an associate member falls vacant, it shall be filled as far as practicable, in accordance with 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.
(7) The delimitation of constituencies in the States of Madhya Pradesh and Chhattisgarh shall be determined on the basis of the published figures of the census taken in the year 1971.
SECTION 18: POWER OF THE ELECTION COMMISSIONTO MAINTAIN DELIMITATION ORDERS UP TO DATE
(1)The Election Commission may, from time to time, by notification in the Official Gazette,—
(a) correct any printing mistakes in any order made under Section 17 or any error arising therein from inadvertent slip or omission; and (b) where the boundaries or name of any territorial division mentioned in any such order or orders is or are altered, make such amendments as appear to it to be necessary or expedient for bringing such order up-to-date.
(2) Every notification under this section relating to an assembly constituency shall be laid, as soon as may be after it is issued, before the concerned Legislative Assembly.
SECTION 19: AMENDMENTOF THE SCHEDULED CASTES ORDER
On and from the appointed day, the Constitution (Scheduled Castes) Order, 1950, shall stand amended as directed in the Third Schedule.
SECTION 20: AMENDMENTOF THE SCHEDULED TRIBES ORDER
On and from the appointed day, the Constitution (Scheduled Tribes) Order, 1950, shall stand amended as directed in the Fourth Schedule.
SECTION 21: HIGH COURT OF CHHATTISGARH
(1) As from the appointed day, there shall be a separate High Court for the State of Chhattisgarh (hereinafter referred to as "the High Court of Chhattisgarh") and the High Court of Madhya Pradesh shall become the High Court for the State of Madhya Pradesh (hereinafter referred to as the High Court of Madhya Pradesh).
(2) The principal seat of High Court of Chhattisgarh shall be at such place as the President may, by notified order, appoint.
(3) Notwithstanding anything contained in sub-section (2), the Judges and division courts of the High Court of Chhattisgarh may sit at such other place or places in the State of Chhattisgarh other than its principal seat as the Chief Justice may, with the approval of the Governor of Chhattisgarh, appoint.
SECTION 22: JUDGES OF CHHATTISGARH HIGH COURT
(1) Such of the Judges of the High Court of Madhya Pradesh holding office immediately before the appointed day as may be determined by the President shall on that day cease to be Judges of the High Court of Madhya Pradesh and become Judges of the High Court of Chhattisgarh.
(2) The persons who by virtue of sub-section (7) become Judges of the High Court of Chhattisgarh shall, except in the case where any such person is appointed to be the Chief Justice of that High Court, rank in that Court according to the priority of their respective appointments as Judges of the High Court of Madhya Pradesh.
SECTION 23: JURISDICTION OF CHHATTISGARH HIGH COURT
The High Court of Chhattisgarh shall have, in respect of any pan of the territories included in the State of Chhattisgarh, all such jurisdiction, powers and authority as, under the law in force immediately before the appointed day, are exercisable in respect to that part of the said territories by the High Court of Madhya Pradesh.
SECTION 24: SPECIAL PROVISION RELATING TO BAR COUNCIL AND ADVOCATES
(1) On and from the appointed day, in the Advocates Act, 1961 (25 of 1961), in Section 3, in sub-section (1), in clause (a), for the words "and Madhya Pradesh", the words "Madhya Pradesh and Chhattisgarh" shall be substituted.
(2) Any person who immediately before the appointed day is an advocate on the roll of the Bar Council of the existing State of Madhya Pradesh may give his option in writing, within one year from the appointed day to the Bar Council of such existing State, to transfer his name on the roll of the Bar Council of Chhattisgarh and notwithstanding anything contained in the Advocates Act, 1961 (25 of 1961) and the rules made thereunder, on such option so given his name shall be deemed to have been transferred on the roll of the Bar Council of Chhattisgarh with effect from the date of the option so given for the purposes of the said Act and the rules made thereunder.
(3) The persons other than the advocates who are entitled immediately before the appointed day, to practise in the High Court of Madhya Pradesh or any subordinate court thereof shall, on and after the appointed day, be recognised as such persons entitled also to practise in the High Court of Chhattisgarh or any subordinate court thereof, as the case '" be.
(4) The right of audience in the High Court of Chhattisgarh shall be regulated accordance with the like principles as immediately before the appointed day are in for respect to the right of audience in the High Court of Madhya Pradesh.
SECTION 25: PRACTICE AND PROCEDURE IN CHHATTISGARH HIGHCOURT
Subject to the provisions of this part, the law in force immediately before the appointed day with respect to practice and procedure in the High Court of Madhya Pradesh shall, with the necessary modifications, apply in relation to the High Court of Chhattisgarh and accordingly, the High Court of Chhattisgarh shall have all such powers to make rules and orders with respect to practice and procedure as are immediately before the appointed day exercisable by the High Court of MadhyaPradesh: Provided that any rules or orders which are in force immediately before the appointed day with respect to practice and procedure in the High Court of Madhya Pradesh shall, until varied or revoked by rules or orders made by the High Court of Chhattisgarh, apply with the necessary modifications in relation to practice and procedure in the High Court of Chhattisgarh as if made by that Court.
SECTION 26: CUSTODYOF SEAL OF CHHATTISGARHHIGH COURT
The law in force immediately before the appointed day with respect to the custody of the seal of the High Court of Madhya Pradesh shall, with the necessary modifications, apply with respect to the custody of the seal of the High Court of Chhattisgarh.
SECTION 27: FORM OF WRITS AND OTHER PROCESSES
The law in force immediately before the appointed day with respect to the form of writs and other processes used, issued or awarded by the High Court of Madhya Pradesh shall, with the necessary modifications, apply with respect to the form of writs and other processes used, issued or awarded by the High Court of Chhattisgarh.
SECTION 28: POWERS OF JUDGES
The law in force immediately before the appointed day relating to the powers of the Chief Justice, Single Judge and division courts of the High Court of Madhya Pradesh and with respect to all matters ancillary to the exercise of those powers shall, with the necessary modifications, apply in relation to the High Court of Chhattisgarh.
SECTION 29: PROCEDURE AS TO APPEALS TO SUPREME COURT
The law in force immediately before the appointed day relating to appeals to the Supreme Court from the High Court of Madhya Pradesh and the Judges and division courts thereof shall, with the necessary modifications, apply in relation to the High Court of Chhattisgarh.
SECTION 30: TRANSFER OFPROCEEDINGS FROM MADHYA PRADESH HIGH COURT TO CHHATTISGARHHIGHCOURT
Provided that if after any such proceedings have been entertained by the High Court of Madhya Pradesh, it appears to the Chief Justice of that High Court that they ought to be transferred to the High Court of Chhattisgarh, he shall order that they shall be so transferred and such proceedings shall thereupon be transferred accordingly.
(4) Any order made by the High Court of Madhya Pradesh—
(a) before the appointed day, in any proceedings transferred to the High Court of Chhattisgarh by virtue of sub-section (2); or
(b)in any proceedings with respect to which the High Court of Madhya Pradesh retains jurisdiction by virtue of sub-section (3), shall for all purposes have effect, not only as an order of the High Court of Madhya Pradesh, but also as an order made by the High Court of Chhattisgarh.
SECTION 31: RIGHT TO APPEAROR TO ACT IN PROCEEDINGSTRANSFERRED TO CHHATTISGARH HIGHCOURT
Any person, who, immediately before the appointed day, is an advocate entitled to practise or any other persons entitled to practise in the High Court of Madhya Pradesh and was authorised to appear in any proceedings transferred from that High Court to the High Court of Chhattisgarh under Section 30, shall have the right to appear in the High Court of Chhattisgarh in relation to those proceedings.
SECTION 32: INTERPRETATION
For the purposes of Section 30—
(a) proceedings shall be deemed to be pending in a court until that court has disposed of all issues between the parties, including any issues with respect to the taxation of the costs of the proceedings and shall include appeals, applications for leave to the Supreme Court, applications for review, petitions for revision and petitions for writs; and
(b) references to a High Court shall be construed as including references to a Judge or division court thereof, and references to an order made by a court or a Judge shall be construed as including references to a sentence, judgment or decree passed or made by that court or Judge.
SECTION 33: SAVING
Nothing in this part shall affect the application to the High Court of Chhattisgarh of any provisions of the Constitution, and this part shall have effect subject to any provision that may be made on or after the appointed day with respect to that High Court by any Legislature or other authority having power to make such provision.
SECTION 34: AUTHORISATION OF EXPENDITURE OF CHHATTISGARH STATE
The Governor may, at any time before the appointed day, authorise such expenditure from the Consolidated Fund of the State of Chhattisgarh as he deems necessary for any period not more than six months beginning with the appointed day pending the sanction of such expenditure by the Legislative Assembly of the State of Chhattisgarh: Provided that the Governor of Chhattisgarh may, after the appointed day, authorise such further expenditure as he deems necessary from the Consolidated Fund of the State of Chhattisgarh for any period not extending beyond the said period of six months.
SECTION 35: REPORTS RELATING TO ACCOUNTS OF MADHYA PRADESH STATE
(1) The reports of the Comptroller and Auditor-General of India referred to in clause (2) of Article 151 relating to the accounts of the State of Madhya Pradesh in respect of any period prior to the appointed day shall be submitted to the Governor of each of the successor States of Madhya Pradesh and Chhattisgarh who shall cause them to be laid before the Legislature of that State.
(2) The President may by order—
(a) declare any expenditure incurred out of the Consolidated Fund of Madhya Pradesh on any service in respect of any period prior to the appointed day during the financial year or in respect of any earlier financial year in excess of the amount granted for that service and for that year as disclosed in the reports referred to in sub-section (1) to have been duly authorised; and
(b) provide for any action to be taken on any matter arising out of the said reports.
SECTION 36: DISTRIBUTION OF REVENUE
The President shall, by order, determine the share of the States of Madhya Pradesh and Chhattisgarh in the total amount payable to the existing State of Madhya Pradesh on the recommendation of the Finance Commission constituted under Article 280 of the Constitution, in such manner as he thinks fit.
SECTION 37: APPLICATION OF PART
(1)The provisions of this part shall apply in relation to the apportionment of the assets and liabilities of the State of Madhya Pradesh immediately before the appointed day.
(2) The successor State shall be entitled to receive benefits arising out of the decisions taken by the predecessor State and the successor States shall be liable to bear the financial liabilities arising out of the decisions taken by the existing State of Madhya Pradesh.
(3) The apportionment of assets and liabilities would be subject to such financial adjustment as may be necessary to secure just, reasonable and equitable apportionment of the assets and liabilities amongst the successor States.
(4) Any dispute regarding the amount of financial assets and liabilities shall be settled through mutual agreement, failing which by order by the Central Government on the advice of the Comptroller and Auditor- General of India.
SECTION 38: LANDAND GOODS
(1) Subject to the other provisions of this part, all land and all stores, articles and other goods belonging to the existing State of Madhya Pradesh shall,— (a)if within the transferred territory, pass to the State of Chhattisgarh; or (b)in any other case, remain the property of the State of Madhya Pradesh: Provided that any land, stores, articles or other goods may be distributed otherwise than in accordance with the situation of such land, stores, articles or goods by mutual agreement between the successor States, failing which the Central Government may, on the request of any of the Governments of the successor States and after consulting both the Governments of the successor States, issue directions for the just and equitable distribution of such land, stores, articles or goods between the successor States and the land, stores, articles or goods shall accordingly pass to the successor States: Provided further that in case of the distribution, of any land, stores, articles and goods or class of goods under this sub-section located outside the existing State of Madhya Pradesh, such distribution shall be made through mutual agreement arrived at between the Governments of the successor States for that purpose, failing which the Central Government may, on request by any of the Governments of the successor States, after consulting both the Governments of the successor States, issue such direction as it may deem fit for the distribution of such land, stores, articles and goods or class of goods, as the case may be, under this sub-section.
(2) Stores held for specific purposes, such as use or utilisation in particular institutions, workshops or undertakings or on particular works under construction, shall pass to the successor States in whose territories such institutions, workshops, undertakings or works are located.
(3) Stores relating to the Secretariat and offices of Heads of Departments having jurisdiction over the whole of the existing State of Madhya Pradesh shall be divided between the successor States in accordance with the mutual ag
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