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BIHAR AND WEST BENGAL (TRANSFER OF TERRITORIES) ACT, 1956
40 of 1956
1st September, 1956
STATEMENT OF OBJECTS AND REASONS "The States Reorganisation Commission recommended the transfer of certain areas in the Purnea and Manbhum districts from Bihar to West Bengal for the reasons mentioned in Chapter XV of its report, These recommendations were discussed both in Parliament and in the Legislatures of the States. This Bill seeks to give effect to the Commission's recommendations with certain minor modifications. 2. The main proposal contained in the Bill is to transfer from Bihar to West Bengal- (i) the portion of the Kishanganj subdivision in the Purnea district which lies to the east of the river Mahananda; (ii) the portion of the Gopalpur thana of the Purnea district which lies to the north of the national highway and the portion which is occupied by this highway, and (iii) the Purulia sub-district of the Manbhum district except for the Chas and Chandil thanas and the patamda police station of the Barabhum thana. 3. The Bill also makes necessary supplemental and incidental provisions in regard to representation in the Legislatures, transfer of jurisdiction to the Calcutta High Court, authorisation of expenditure, apportionment of assets and liabilities and certain other matters. 4, As required by the proviso to Article 3 of the Constitution, this Bill was referred to the President on the 10th June, 1956, to the Legislatures of Bihar and West Bengal and they were given one month's time for expressing their views. The views of both the Legislatures will be placed before Parliament in due course." -Gaz. of Ind., 16- 7-1956, Pt. II. S. 2, Ext., page 456.
An Act to provide for the transfer of certain territories from Bihar to West Bengal and for matters, connected therewith. Be it enacted by Parliament in the Seventh Year of the Republic of India as follows:-
PART 01: PRELIMINARY
SECTION 01: SHORT TITLES
- This Act may be called The Bihar and West Bengal (Transfer of Territories) Act. 1956.
SECTION 02: DEFINITIONS
- In this Act. unless the context otherwise requires,-
(a) "appointed day" means the 1st day of November. 1956:
(b) "article" means an article of the Constitution:
(c) "assembly constituency", "council constituency" and "parliamentary constituency" have the same meanings as in the Representation of the People Act, 1950-:
(d) "Election Commission" means the Election Commission appointed by the President under article 324:
(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 Bihar or West Bengal:
(f) "notified order" means an order published in the Official Gazette:
(g) "population ratio" means such ratio as the Central Government may. by notified order', specify to be the ratio between the population as ascertained at the last census of the State of Bihar excluding the transferred territories and the population as so ascertained of the transferred territories:
(h) "prescribed" means prescribed by the rules made under this Act:
(i) "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:
(j) "transferred territories" means the territories transferred from the State of Bihar to the State of West Bengal by section 3-:
(k) "treasury" includes a sub-treasury.
PART 02: TRANSFER OF TERRITORIES
OBJECTS AND REASONS "Clause 3 (now S. 3).- The Committee are-of the opinion that the State of West Bengal should be a geographically compact area and that there should be a link between the district of Darjeeling, Jalpaiguri and Cooch Bihar and the rest of the State. The areas of Purnea district which are sought to be transferred by original sub-clauses (a) and (b) of clause 3(1) do not provide the necessary link between Darjeeling in the north and West Dinajpur in the south. After talcing into account all the relevant factors, the Committee have come to the conclusion that the area to the east or to the north, as the case may be. of the national highway in the Kishanganj subdivision and the Gopalpur thana should be transferred to West Bengal. The boundary line should be generally 200 yards to the west of the highway connecting Dalkola, Kishanganj and Chopra with Siliguri and 200 yards to the south or south-east of the highway connecting Dalkola and Karandighi with Raigan) in West Dinajpur district. The proposed arrangements should not. however, result in the splitting up of the town of Kishanganj which should continue to form part of Bihar. In the case of the Kishanganj municipal area, therefore, the proposed boundary between Bihar and West Bengal should follow the eastern limits of the municipal boundary of Kishanganj town. The Committee further recommended that in consequence of these arrangements, the national highway passing through the Kithanganj town should be suitably realigned so that the eastern portion of this highway may run alongside of the municipal boundary. The clause has been redrafted accordingly."-Gaz. of Ind.. 12-7-1956, Pt. II. S. 2, Ext.. p. 673.
SECTION 03: TRANSFER OF TERRITORIES FROM BIHAR TO WEST BENGAL
(1) As from the appointed day, there shall be added to the State of West Bengal the territories which on the 1st day of March. 1956, were comprised in-
(a) that portion of Kishanganj subdivision of Purnea district which lies to the east of the boundary line demarcated in accordance with the provisions of sub-section (2) by an authority appointed in this behalf by the Central Government and that portion of Gopalpur thana of the said district which lies to the east or north, as the case may be, of the said boundary line: and
(b) Purulia sub-division of Manbhum district, excluding Chas thana, Chandil thana and Patamda police station of Barabhum thana; and the said territories shall thereupon cease to form part of the State of Bihar.
(2) The boundary line referred to in sub-section (1) shall be so demarcated as to be generally two hundred yards to the west of the highway in Purnea district connecting Dalkola, Kishanganj and Chopra with Siliguri in Darjeeling district and two hundered yards to the south or south-west of the highway in Purnea district connecting Dalkola and Karandighi with Raiganj in West Dinajpur district: Provided that the boundary line shall be so demarcated as not to cut across any village or town: Provided further that from the point where the first-mentioned highway meets the southern boundary of Kishanganj municipality to the point where it leaves the northern boundary of that municipality, the boundary line shall be the same as the boundary of that municipality on the east.
(3) The territory specified in clause (a) of sub-section (1) shall be included in. and form part of. Darjeeling district, and the territory specified in clause (b) of that sub-section shall form a separate district to be known as Purulia district within Burdwan division of the State of West Bengal.
(4) Nothing in sub-section (3) shall be deemed to affect the power of the State Government to alter after the appointed day the name, extent and boundaries of any district or division in the State of West Bengal.
SECTION 04: AMENDMENT OF FIRST SCHEDULE TO THE CONSTITUTION
- As from the appointed day, in the First Schedule to the Constitution, in Part A, in the description of the territories of States,-
(a) after the paragraph relating to the territory of the State of Assam, the following paragraphs shall be inserted, namely:- "The territory of the State of Bihar shall comprise the territories which immediately before the commencement of this Constitution were either comprised in the Province of Bihar or were being administered as if they formed part of that Province, but shall not include the territories specified in sub-section (1) of section 3-of the Bihar and West Bengal (Transfer of Territories) Act, 1956. The territory of the State of West Bengal shall comprise the territories which immediately before the commencement of this Constitution were either comprised in the Province of West Bengal or were being administered as if they formed part of that Province and the territory of Chandernagore as defined in clause (c) of section 2 of the Chandernagore (Merger) Act, 1954,-and also the territories specified in sub-section (1), of section 3-of the Bihar and West Bengal (Transfer of Territories) Act,1956.
(b) in the 1st paragraph, the words, brackets, letter and figures "and in the case of the State of West Bengal, shall also comprise the territory of Chandernagore as defined in clause (c) of section 2 of the Chandernagore (Merger) Act, 1954,-" shall be omitted.
PART 03: REPRESENTATION IN THE LEGISLATURES
Council of States Home of the People Legislative Assemblies Legislative Councils Delimitation of Constituencies
SECTION 05: AMENDMENT OF FOURTH SCHEDULE TO THE CONSTITUTION
- As from the appointed day, in the Fourth Schedule to the Constitution in the Table of Seats for the entries in the second column relating in Bihar and West Bengal, the entries "22" and "16'"shall respectively, be substituted.
SECTION 06: BYE--ELECTION TO FILL VACANCIES IN THE COUNCIL OF STATES
- As soon as may be after the appointed day, bye-elections shall be held to fill the vacancies existing on that day in the seats allotted to Bihar and West Bengal.
SECTION 07: TERM OF OFFICE OF MEMBERS OF THE COUNCIL OF STATES
- In order that, as nearly as may be, one-third of the members of the Council of States may retire on the 2nd day of April, 1958, and on the expiration of every second year thereafter, the President shall, after consultation with the Election Commission, make by order such provisions as he thinks fit in regard to the terms of office of the members elected under section 6-
SECTION 08: PROVISION AS TO EXISTING HOUSE OF THE PEOPLE
- Nothing in section 3-shall be deemed to affect the extent of the constituency of any sitting member of the existing House of the People from Bihar.
SECTION 09: ALLOCATION OF CERTAIN SITTING MEMBERS OF THE BIHAR LEGISLATIVE ASSEMBLY
- The sitting members of the Legislative Assembly of Bihar representing the Thakurganj, Karandighi, Para- cum Chas and Barabazar-cum-Chandil constituencies shall, notwithstanding the reduction in the extent of those constituencies by the transfer of portions thereof to West Bengal, continue to be members of the Legislative Assembly of Bihar; and the sitting members of that Assembly representing any other constituency lying wholly or partly in the transferred territories shall, as from the appointed day, be deemed to have been elected to the Legislative Assembly of West Bengal and cease to be members of the Legislative Assembly of Bihar.
SECTION 10: DURATION OF LEGISLATIVE ASSEMBLIES OF BIHAR AND WEST BENGAL
- The changes in the composition of the Legislative Assemblies of Bihar and West Bengal under section 9-shall not affect their duration as provided inclause (1) of Article 172.
SECTION 11: BIHAR LEGISLATIVE COUNCIL
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(1) Any reference in the Delimitation of Council Constituencies (Bihar) Order, 1951, to the State of Bihar, Bhagalpur division or Chota Nagpur division shall be construed as excluding the transferred territories from that State or division, as the case may be.
(2) Every sitting member of the Legislative Council of Bihar representing a council constituency the extent of which is altered by virtue of sub-section (1) shall, as from the appointed day. be deemed to have been elected to the said Council by that constituency as so altered.
SECTION 12: WEST BENGAL LEGISLATIVE COUNCIL
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(1) Any reference in the Delimitation of Council Constituencies (West Bengal) Order, 1951, to the State of West Bengal, Burdwan division or Darjeeling district shall be construed as including the transferred territories to that State, division or district, as the case may be.
(2) In the Table appended to the said Order, in the entry in the second column, against West Bengal West (Graduates) Constituency, after the word "Bankura", the word "Purulia" shall be inserted.
(3) Every sitting member of the Legislative Council of West Bengal representing a council constituency the extent of which is altered by virtue of sub-section (1) or sub-section (2) shall, as from the appointed day, be deemed to have been elected to the said Council by that constituency as so altered.
SECTION 13: ALLOCATION OF SEATS IN THE HOUSE OF THE PEOPLE AND ASSIGNMENT OF SEATS TO STATE LEGISLATIVE ASSEMBLIES
- The number of seats in the House Of the People allotted to Bihar and to West Bengal and the number of seats assigned to the Legislative Assembly of each of those States by order of the delimitation Commission under the Delimitation Commission Act, 1972-, shall be modified as follows:- Bihar West Bengal Number of seats in the House of the People 53 36 Number of seats in the Legislative Assembly 318 252
SECTION 14: MODIFICATION OF THE SCHEDULED CASTES AND SCHEDULED TRIBES ORDERS
- As soon as may be after the commencement of this Act, the President may, by notified order, make such modifications in the Constitution (Scheduled Castes) Order, 1990, and the Constitution (Scheduled Tribes) Order. 1950, as he thinks fit, having regard to the transfer of territories effected by Section 3-
SECTION 15: DETERMINATION OF POPULATION OF SCHEDULED CASTES AND SCHEDULED TRIBES
(1) After the said Orders have been so modified, the population as at the last census of the Scheduled Castes and of the .Scheduled Tribes in Bihar and West Bengal shall be ascertained or estimated by the census authority in such manner as may be prescribed and shall be notified1[by that authority in the Gazette of India.
(2) The population figures so notified shall be taken to be the relevant population figures as ascertained at the last census and shall supersede any figures previously published.
SECTION 16: DELIMITATION OF CONSTITUENCIES
(1) As soon as may be after the commencement of this Act. the Central Government shall, by notified order, appoint an authority-
(a) to determine on the basis of the population figures notified under section 15-the number of seats to be reserved for the Scheduled Castes and the Scheduled Tribes of Bihar and of West Bengal in the House of the People and in the legislative Assembly of each of those States having regard to the relevant provisions of the Constitution and of this Act: and
(b) to revise to such extent as may be necessary or expedient having regard to the said provisions, the orders of the delimitation Commission made under section 8 of the Delimitation Commission Act, 1952, with respect to Bihar and West Bengal.
(2) The said authority shall perform its functions in such manner and shall follow such procedure, as may be prescribed.
PART 04: HIGH COURTS
SECTION 17: EXTENSION OF JURISDICTION OF, AND TRANSFER OF PROCEEDINGS TO, CALCUTTA HIGH COURT
(1)Except as hereinafter provided.-
(a) the jurisdiction of the High Court at Calcutta shall, as from the appointed day, extend to the transferred territories: and
(b) the High Court at Patna shall, as from that day, have no jurisdiction in respect of the transferred 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 at Calcutta shall, as soon as may be after such certification, be transferred to the High Court at Calcutta.
(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 at Calcutta 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 at Calcutta, 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 at Calcutta 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 at Calcutta.
SECTION 18: RIGHT TO APPEAR IN ANY PROCEEDINGS TRANSFERRED TO CALCUTTA HIGH COURT
- Any person who immediately before the appointed day is an advocate entitled to practise in the High Court at Patna and was authorised to appear in any proceedings transferred from that High Court to the High Court at Calcutta under section 17-shall have the right to appear in the High Court at Calcutta in relation to those proceedings.
SECTION 19: INTERPRETATION
- For the purposes of sections 17-and18-,-
(a) proceedings shall be deemed to be pending in the High Court at Patna until that Court has disposed of all issues between the parties, including any issues with respect to the taxation of the cost 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 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.
PART 05: AUTHORISATION OF EXPENDITURE
*[Note.- After the word "transferred" the words "territory under existing" appear to have been inadvertently omitted.- Ed.]
SECTION 20: APPROPRIATION OF MONEYS FOR EXPENDITURE IN TRANSFERRED APPROPRIATION ACTS
(1) As -from the appointed day any Act passed by the Legislature of West Bengal before that day for the appropriation of any money out of the Consolidated Fund of the State to meet any expenditure in respect of any part of the financial year 1956-57 shall have effect also in relation to the transferred territories, 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 West Bengal may, after the appointed day. authorise such expenditure from the Consolidated Fund of the State as he deems necessary for any purpose or service in the transferred territories for any period not extending beyond the 31st day of March, 1957.
SECTION 21: DISTRIBUTION OF REVENUES
-Section 3 of the Union Duties of Excise (Distribution) Act, 1953,and paragraphs 3,4 and 5 of the Constitution (Distribution of Revenues) Order, 1953 shall, in respect of the financial year 1956-57 have effect subject to such modifications as the President may, by notified order, specify, having regard to the transfer of territories effected bysection 3-of this Act.
PART 06: APPORTIONMENT OF ASSETS AND LIABILITIES
SECTION 22: LAND AND GOODS
(1) Subject to the other provisions of this Part, all land and all stores, articles and other goods in the transferred territories belonging to the State of Bihar shall, as from the appointed day, pass to the State of West Bengal.
(2) Any unissued stores of any class in Bihar shall be divided between West Bengal and Bihar in proportion to the total indents for stores of that class made in the period of three years ending with the 31st day of March, 1956 for the transferred territories and for the rest of Bihar. Provided that nothing in this sub-section shall apply to stores held for specific purposes such as use or utilisation in particular institutions, workshops or undertakings or on particular works under construction.
(3) In this section, the expression "land" includes immovable property of every kind and any rights in or over such property and the expression "goods" does not include coins, bank notes and currency notes.
SECTION 23: TREASURY AND BANK BALANCES
- The total of the cash balances/in all treasuries of Bihar and the credit balances of Bihar with the Reserve Bank of India immediately before the appointed day shall be divided between that State and West Bengal according to the population ratio: Provided that for the purposes of such division, there shall be no transfer of cash balances from any treasury to any other treasury and the apportionment shall be effected by adjusting the credit balances of Bihar and West Bengal in the books of the Reserve Bank of India on the appointed day.
SECTION 24: ARREARS OF TAXES
- The right of Bihar to recover arrears of any tax or duty on property situate in the transferred territories, including land revenue, shall belong to West Bengal and the right of Bihar 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 also belong to West Bengal.
SECTION 25: RIGHT TO RECOVER LOANS AND ADVANCES
- The right to recover any loans or advances made before the appointed day by Bihar to any local body, society, agriculturist or other person in the transferred territories shall belong to West Bengal.
SECTION 26: CREDITS IN CERTAIN FUNDS
- The investments in the cash balance investments account, the famine relief fund and the general fund of Bihar and the sums at the credit of Bihar in the central road fund shall be divided between Bihar and West Bengal according to the population ratio; and the investments in any special fund the objects of which are confined to the transferred territories or any part thereof shall pass to West Bengal,
SECTION 27: ASSETS AND LIABILITIES OF STATE UNDERTAKINGS
(1) The assets and liabilities relating to any commercial or industrial undertaking of Bihar located in the transferred territories shall pass to West Bengal.
(2) Where a depreciation reserve fund is maintained by Bihar for any such commercial or industrial undertaking, the securities held in respect of investments made from that fund shall also pass to West Bengal.
SECTION 28: PUBLIC DEBT
(1) The public debt of Bihar attributable to loans raised by the issue of Government securities and outstanding with the public immediately before the appointed day shall continue to be the debt of Bihar: Provided that-
(a) West Bengal shall be liable to pay to Bihar a share of the sums due from time to time for the servicing and repayment of the public debt; and
(b) for the purpose of determining the said share, the said debt shall be deemed to be divided between Bihar and West Bengal as if it were a debt referred to in sub-section (2).
(2) The public debt of Bihar attributable to loans taken from the Central Government, the Reserve Bank of India or any other bank before the appointed day shall be divided between Bihar and West Bengal in proportion to the total expenditure on all capital works and other capital outlays incurred up to the appointed day in the territories of Bihar excluding the transferred territories and in the transferred territories, respectively: Provided that for the purposes of such division, only expenditure on assets for which capital accounts have been kept shall be taken into account.
(3) Where a sinking fund or depreciation fund is maintained by Bihar for the repayment for any loan raised by it, the securities held in respect of investments made from that fund shall be divided between Bihar and West Bengal in the same proportion as the public debt referred to in sub-sec.
(2).
(4) In this section, the expression "Government security" means a security created and issued for the purpose of raising a public loan and having any of the forms specified or prescribed under clause (2) of- Public Debt Act
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