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BIHAR AND UTTAR PRADESH (ALTERATION OF BOUNDARIES) ACT, 1968
24 of 1968
22nd May, 1968
STATEMENT OF OBJECTS AND REASONS At present the deep stream of the river Ganga forms the inter-State boundary between the Shahabad district of Bihar and Ballia district of Uttar Pradesh. Similarly, the deep stream of the river Ghaghra is the inter- State boundary between the Saran district of Bihar and Ballia district of Uttar Pradesh. As the two rivers change their course almost every year, the deep streams do not remain constant with the result that the inter-State boundary continues to fluctuate. This has often given rise to difficult administrative problems in the affected areas particularly in the field of revenue administration and law and order. From time to time. efforts were made by the two State Govts. to find a satisfactory solution to this problem but they could not agree on the points whether the fluctuating boundary should be replaced by a fixed boundary and, if so, what should be that boundary. In 1961. the Chief Ministers of the two States agreed that the matter be referred to an Arbitrator appointed by the Prime Minister, and to abide by the decision given by the Prime Minister on a consideration of the recommendations of the Arbitrator. Shri C. M. Trivedi was appointed as Arbitrator in this case and he submitted his report to the late Prime Minister (Shri Lal Bahadur Shastri) on 28th August, 1964, recommending a fixed boundary in both the Ganga and Ghaghra sectors. 2. These recommendations were accepted by the late Prime Minister (Shri Lal Bahadur Shastri) and conveyed to the two State Governments. The effect of the recommendations made by Shri G. M. Trivedi would be as follows:- 1. On the basis of the 1963-64 deep stream position, the fixed boundary involves the transfer of an area of about 45 square miles from Uttar Pradesh to Bihar and about 64 square miles from Bihar to Utttar Pradesh: and 2. About 85 per cent. of the fixed boundary will be on land in the Ganga sector and 75 per cent. of it will be on land in the Ghaghra sector, whereas the entire boundary at present lies in water. The Bill seeks to give effect to these recommendations 3. Clause 26 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. However, because of the fluctuating nature of the present boundary, the actual extent of the transferred territories may not be clear to the authorities who have to implement the laws. Hence, provision has been made for the demarcation of the fixed boundary on land. determination of the deep streams of the two rivers and preparation and publication of a map of the transferred territories betore the actual transfer is effected. 4. 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 Bihar and Uttar Pradesh, authorisation of expenditure, apportionment of assets and liabilities and certain other matters. 5. As required by the proviso to article 3 of the Constitution this Bill was referred by the President to the Legislators of the States of Bihar and Uttar Pradesh for expression of their views. 6. The notes on clauses explain in detail the various provisions of the Bill-Gaz. of Ind., 12-8-1967, Pt. II-Sec. 2, p. 858. An Act to provide for the alteration of boundaries of the States of Bihar and Uttar Pradesh and for matters connected therewith. Be it enacted by Parliament in the Nineteenth Year of the Republic of India as follows:
PART 01: PRELIMINARY
SECTION 01: SHORT TITLE
- This Act may be called the Bihar and Uttar Pradesh (Alteration of Boundaries) Act, 1968.
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, appoint1;
(b) 'assembly constituency', 'council constituency' and 'parliamentary constituency' have the same meanings as in the Representation of the People Act, 1950-;
(c) 'deep stream', in relation to the river Ganga or the river Ghaghra, means the deep stream thereof as verified and agreed upon by the State Governments of Bihar and Uttar Pradesh after the 30th day of September of the year preceding the year in which the appointed day falls and before the 1st day of January of the year in which the appointed day falls and in default of agreement between the State Governments, as determined by such authority as may be specified by the Central Government;
(d) 'fixed boundary' means the boundary line demarcated under the provisions of sub-section (2) of section 3-in relation to the river Ganga or the river Ghaghra. as the case may be;
(e) '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 Bihar or Uttar Pradesh;
(f) 'notified order' means an order published in the Official Gazette;
(g) 'prescribed' means prescribed by rules made under this Act;
(h) 'sitting member', in relation to either House of Parliament or of the Legislature of a State, means a person who immediately before the appointed day is a member of that House;
(i) 'transferred territories' means,-
(i) in relation to the State of Bihar, the territories transferred by this Act from that State to the State of Uttar Pradesh, and
(ii) in relation to the State of Uttar Pradesh, the territories transferred by this Act from that State to the State of Bihar.
(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.
Clause2...............the boundary between the States of Bihar and Uttar Pradesh in the area to which the Bill relates is the deep stream of each of the two rivers as it emerges after each rainy season. The inter-State boundary immediately before the transfer of territories would, therefore, be the deep streams of the two rivers as they would emerge at the end of the rainy season preceding the transfer. Sub-clause (c) defines deep stream on this basis and also empowers the Central Government to have it determined in case there is disagreement between the States.-Gaz.of Ind., 12-8-1967, Pt. II, S,2, Ext.. p. 860.
PART 02: TRANSFER OF TERRITORIES
SECTION 03: TRANSFER OF TERRITORIES
(1) As from the appointed day-
(a) there shall be added to the State of Bihar-
(i) ail the territories of Ballia district of the State of Uttar Pradesh lying between the fixed boundary and the deep stream of the river Ghaghra, and
(ii) all the territories of that district lying between the fixed boundary and the deep stream of the river Ganga, 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-
(i) all the territories of Saran district of the State of Bihar lying between the fixed boundary and the deep stream of the river Ghaghra, and
(ii) all the territories of Shahabad district of the State of Bihar lying between the fixed boundary and the deep stream of the river Ganga,
and the said territories shall thereupon cease to form part of the State of Bihar.
(2) The fixed boundary in relation to each of the rivers Ganga and Ghaghra shall be demarcated by an authority appointed in this behalf by the Central Government so as to be generally in conformity with the boundary line described in the Schedule in relation to that river: Provided that in the process of such demarcation, the said authority shall have power to rationalise to the extent considered necessary by him, the boundary alignment between the high banks of the river Ganga or the river Ghaghra, as the case may be, and in particular shall try-
(a) to ensure, as far as possible the stability of the boundary pillars and the recognition of the boundary alignment both during the dry and flood seasons; and
(b) to avoid, as far as possible, the splitting up of the existing abadis.
(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 boundary given in the Schedule (including the determination of the relevant record referred to in the Explanatory Note to 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 the boundary line and to do all other acts as may be necessary.
(4) The authority referred to in sub-section (2) shall also prepare a map of the transferred territories showing-
(a) the deep stream of the river Ghaghra or the river Ganga, as the case may be, and the fixed boundary in relation to that river;
(b) the names and boundaries of the villages in the transferred territories, as indicated by the State Government having jurisdiction over the territories before their transfer, with reference to the revenue records of that Government in force immediately before the preparation of such map and forward such map to the Central Government who shall cause it to be published in the transferred territories in such manner as it thinks fit.
(5) As from the appointed day. the State Government of Bihar or Uttar Pradesh shall, by order in the Official Gazette, provide for the administration of the terrtitories 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.
Clause 3 and Schedule.- Sub-cl. (1) of cl. 3 provides for the transfer of the areas of Ballia district in the State of Uttar Pradesh lying between the fixed boundary and the deep streams of the rivers Ganga and Ghaghra to the State of Bihar and for the transfer of the areas of Saran and Shahabad districts in the State of Bihar lying between the fixed boundary and the deep streams of the river Ghaghra and river Ganga respectively to the State of Uttar Pradesh. 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) of clause 3. therefore, provides for the demarcation being done by an authority appointed by the Central Government. The approximate values of the longitudes and latitudes of the various points on the fixed boundary have been given in the Schedule. In actual demarcation it might become necessary to make slight departures from these values on practical considerations. Hence, the proviso to clause 3(2) gives some discretion to the demarcating authority in determining the actual boundary alignment. The description of the fixed boundary in the Schedule which follows the alignment recommended by Shri Trivedi it in terms of straight lines between certain points and in terms of inter-village boundaries as noted in the maps prepared on the basis of the survey made in 1881-83. between other points. Clause 3(3) seeks to empower the demarcating authority to interpret these maps and also to take into account any other relevant records where such maps are not available. This 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 years 1881 -83. Since then, on account of change in the course of the rivers 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 a map of the transferred territories showing the village boundaries as they exist at the time of its preparation, and for the publication of the map in the affected area. Sub-clause (5) provides for the issue of notified orders by the two Governments providing for the administration of transferred territories by including them or any part of them in such district, sub-division, police station or other administrative units as may be specified in the orders.-Gaz. of Ind., 12-8-1967, Pt. II, S. 2, Ext., p. 860.
SECTION 04: 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 '3. Bihar'. the following shall be substituted namely:- 'The territories which immediately before the commencement of this Constitution were cither comprised in the Province of Bihar or were being administered as if they formed part of that Province and the territories specified in clause (a) of sub-section (1) of section 3-of the Bihar and Uttar Pradesh (Alteration of Boundaries) Act, 1968, but excluding the territories specified in sub-section (1) of section 3 of the Bihar and West Bengal (Transfer of Territories) Act, 1956-, and the territories specified in clause
(b) of sub-section (1) of section 3-of the first mentioned Act.',
(b) 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 and the territories specified in clause (b) of sub-section (1) of section 3-of the Bihar and Uttar Pradesh (Alteration of Boundaries) Act, 1968, but excluding the territories specified in clause (a) of sub-section (1) of section 3-of that Act.'
PART 03: REPRESENTATION IN THE LEGISLATURES
SECTION 05: 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 Bihar, 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 3-, but excluding the territories transferred from the State of Bihar 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 Bihar, 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
(5) of section 3-;
(b)
(i) to the State of Uttar Pradesh, shall be construed as including the territories transferred to that State from the State of Bihar under clause (b) of sub-section (1) of section 3-, but excluding the territories transferred from the State of Uttar Pradesh to the State of Bihar 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 (5), of section 3-.
Clause 5.- This clause provides for the necessary adjustment of the Parliamentary, Assembly and Council Constituencies.-Gaz. of Ind.. 12-8-1967 Pt. II. S. 2. Ext.. p. 861.
SECTION 06: 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 that constituency as so altered.
(2) Every sitting member of the Legislative Assembly of the State of Bihar 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 Bihar or 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. Clause 6.- 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 cosntituencies as altered.-Gaz. of Ind., 12-8-1967, Pt. II. S. 2. Ext., p. 861.
PART 04: HIGH COURTS
SECTION 07: EXTENSION OF JURISDICTION OF AND TRANSFER OF PROCEEDINGS TO HIGH COURT AT PATNA
(1) Except as hereinafter provided.
(a) the jurisdiction of the High Court at Patna shall, as from the appointed day extend to the territories transferred by this Act from the State of Uttar Pradesh to the State of Bihar, 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 at Patna shall, as soon as may be after such certification, be transferred to the High Court at Patna.
(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 at Patna shall not have, jurisdiction to entertain, hear or dispose of appeals, applications for leave to appeal to the Supreme Court, applications for review and other proceedings, where any such proceedings seek any relief in respect of any order passed by the High Court of 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 at Patna, 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 at Patna 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 at Patna.
(5) Subject to any rule made or direction given by the High Court at Patna, 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 at Patna having regard to the transfer of territories from the State of Uttar Pradesh to the State of Bihar, shall be recognised as an advocate entitled to practise in the High Court at Patna.
Clauses 7-10.- These clauses provide for the alteration of the jurisdiction of the High Courts at Patna and Allahabad. They also provide for the transfer of proceedings pending in either of the High Courts to the other High Court and enable advocate already engaged in such proceedings to appear and to act in the other High Court in relation to those proceedings. Gaz. of Ind.. 12-8-1967. Pt. II. S. 2. Ext.. p. 861.
SECTION 08: 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 Bihar to the State of Uttar Pradesh. and
(b) the High Court at Patna shall, as from that day. have no jurisdiction in respect of the said territories.
(2) Such proceedings pending in the High Court at Patna 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 at Patna shall have. and the High Court of Judicature at Allahabad shall not have. jurisdiction to entertain, hear or dispose of appeals, applications for leave to appeal to the Supreme Court, applications for review and other proceedings, where any such proceedings seek any relief in respect of any order passed by the High Court at Patna before the appointed day. Provided that if after such proceedings have been entertained by the High Court at Patna. It appears to the Chief Justice of that 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 at Patna-
(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 at Patna retains jurisdiction by virtue of sub-section (3) shall for all purposes, have effect not only as an order of the High Court at Patna, 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 at Patna 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 Bihar to the State of Uttar Pradesh. shall be recognised as an advocate entitled to practise in the High Court of Judicature at Allahabad.
SECTION 09: RIGHT TO APPEAR IN AN) PROCEEDINGS TRANSFERRED UNDER SECTION 7 OR SECTION 8
Any person who immediately before the appointed day is an advocate entitled to practise in the High Court at Patna or the High Court of Judicature at Allahabad and was authorised to appear in any proceedings transferred undersection 7-orsection 8-shall have the right to appear in the High Court to which the proceedings have been transferred, in relation to those proceedings.
SECTION 10: INTERPRETATION
For the purposes of sections 7-and8-
(a) proceedings shall be deemed to be pending in the High Court at Patna 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 at Patna 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
SECTION 11: APPROPRIATION OF MONEYS FOR EXPENDITURE IN TRANSFERRED TERRITORIES UNDER EXISTING APPROPRIATION ACTS
(1) As from the appointed day, an Act passed by the Legislature of the State of Bihar 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 in those territories out of the amount authorised by such Act to be expended for any service in that State.
(2) The Governor of Bihar or of Uttar Pradesh 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.
Clause 11.- This clause makes necessary provision 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.-Gaz. of Ind.. 12-8-1967. Pt. II. S. 2. Ext., p. 861.
SECTION 12: REPORTS RELATING TO ACCOUNTS OF BIHAR 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 of Bihar or Uttar Pradesh in respect of any period prior to the appointed day shall be submitted to the Governor of each of the States of Bihar and Uttar Pradesh who shall cause them to be laid before the Legislature of the State. Clause 12.- This clause provides that the audit reports of the Comptroller and Auditor-General of India relatin) to the accounts of either of the States in respect of any period prior to the appointed day shall be submitted to the Governor of each of the two States who shall cause them to be laid before (he State Legislature concerned.-Gaz. of Ind., 12-8-1967, Pt. II. S. 2.Ext.. p.861.
PART 06: APPORTIONMENT OF ASSETS AND LIABILITIES
SECTION 13: 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 Bihar 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 land and any rights in or over such property.
Clauses 13-24.- These clauses relate to the apportionment of the assets and liabilities of the State Governments in relation io the territories transferred from one State to another and follow generally the corresponding provisions ofthe Andhra Pradesh and Madras (Alteration of Boundaries) Act. 1959-orthe Bombay Reorganisation Act, 1960- Gaz. of Ind.. 12-8-1967. Pt, II. S. 2. Ext.. p. 862.
SECTION 14: ARREARS OF TAXES
- The right of Bihar 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 15: RIGHT TO RECOVER LOANS AND ADVANCES
- The right to recover any loans or advances made before the appointed day by Bihar 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 16: REFUND OF TAXES COLLECTED IN EXCESS
- The liability of Bihar or Uttar Pradesh to refund any tax or duty 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 Bihar or Uttar Pradesh to refund any other tax 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 17: DEPOSITS
- The liability of Bihar 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 18: CONTRACTS
(1) Where, before the appointed day, the State of Bihar 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
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