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BIHAR REORGANISATION ACT, 2000
30 of 2000
August 25, 2000
An Act to provide for the reorganisation of the existing State of Bihar and for matters connected therewith Be it enacted by Parliament in the Fifty-first Year of the Republic of India as follows:—
PART 01: PRELIMINARY
SECTION 01: SHORT TITLE
This Act may be called the Bihar 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 fficial 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 Bihar" means the State of Bihar 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 Bihar;
(g) "notified order" means an order published in the Official Gazette;
(h) "population ratio", in relation to the States of Bihar and Jharkhand, means the ratio of 645.30: 218.44;
(i) "sitting member", in relation to either House of Parliament or of the Legislature of the existing State of Bihar, 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 Bihar, means the State of Bihar or
Jharkhand;
(k) "transferred territory" means the territory which on the appointed day is transferred from the existing State of Bihar to the State of Jharkhand;
(l) "treasury" includes a sub-treasury; and
(m) any reference to a district, tahsil or other territorial division of the existing State of Bihar shall be construed as a reference to the area comprised within that territorial division on the appointed day.
PART 02: REORGANISATION OF THE STATE OF BIHAR
SECTION 03: FORMATION OF JHARKHAND STATE
On and from the appointed day, there shall be formed a new State to be known as the State of Jharkhand comprising the following territories of the existing State of Bihar, namely:— Bokaro, Chatra, Deogarh, Dhanbad, Dumka, Garhwa, Giridih, Godda, Gumla, Hazaribagh, Kodarma, Lohardaga, Pakur, Palamau, Ranchi, Sahebganj, Singhbhum East) and Singhbhum (West) districts; and thereupon the said territories shall cease to form part of the existing State of Bihar.
SECTION 04: STATE OF BIHAR AND TERRITORIAL DIVISIONS THEREOF
On and from the appointed day, the State of Bihar shall comprise the territories of the existing State of Bihar other than those specified in Section 3.
SECTION 05: AMENDMENT OF THE 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 Bihar, the following shall be added at the end, namely:—"and the territories specified in Section 3 of the Bihar Reorganisation Act, 2000";
(b) after Entry 27, the following entry shall be inserted, namely:—
"28. Jharkhand: The territories specified in Section 3 of the Bihar Reorganisation Act, 2000.".
SECTION 06: SAVING POWERS OF STATE GOVERNMENTS
Nothing in the foregoing provisions of this part shall be deemed to affect the power of the Government of Bihar or Jharkhand to alter, after the appointed day, the name, area or boundaries of any district or other territorial division in the State.
PART 03: REPRESENTATION IN THE LEGISLATURES
The Council of States The House of the People The Legislative Assembly The Legislative Council of Bihar Delimitation of constituencies Scheduled Castes and Scheduled Tribes
SECTION 07: AMENDMENT OF THE FOURTH SCHEDULE TO THE CONSTITUTION
On and from the appointed day, in the Fourth Schedule to the Constitution, in the Table,—
(a) Entries 4 to 29 shall be renumbered as Entries 5 to 30 respectively;
(b) in Entry 3, for the Figures "22" the Figures "16" shall be substituted;
(c) after Entry 3, the following entry shall be inserted, namely:—
"4. Jharkhand.........................................................................".
SECTION 08: ALLOCATION OF SITTING MEMBERS
(1) On and from the appointed day, the twenty-two sitting members of the Council of States representing the existing State of Bihar shall be deemed to have been elected to fill the seats allotted to the States of Bihar and Jharkhand, 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 40 seats to the successor State of Bihar, and 14 to the successor State of Jharkhand, in the House of the People and in the First Schedule to the Representation of the People Act, 1950 (43 of 1950), under heading "I. STATES:",—
(a) for Entry 4, the following entry shall be substituted, namely:—"4. Bihar 53 7 5 40 7 ..";
(b) Entries 10 to 25 shall be renumbered as Entries 11 to 26 respectively;
(c) after Entry 9, the following entry shall be inserted, namely:—"10.Jharkhand .. .. .. 14 1 5".
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 State of Bihar or Jharkhand, 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 Bihar and Jharkhand shall be two hundred and forty-three and eighty-one respectively.
(2) In the Second Schedule to the Representation of the People Act, 1950 (43 of 1,950), under heading "I. STATES",—
(a) for Entry 4, the following entry shall be substituted, namely:— "4. Bihar 318 45 29 243 39
(b) Entries 11 to 27 shall be renumbered as Entries 12 to 28 respectively;
(c) after Entry 10, the following entry shall be inserted, namely:— "11. Jharkhand .. .. .. 81 9 28".
SECTION 13: ALLOCATION OF SITTING MEMBERS
(1) Every sitting member of the Legislative Assembly of the existing State of Bihar 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 Jharkhand shall, on and from that day, cease to be a member of the Legislative Assembly of Bihar and shall be deemed to have been elected to fill a seat in the Legislative Assembly of Jharkhand from that constituency as so allotted.
(2) All other sitting members of the Legislative Assembly of the existing State of Bihar 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 10 shall be deemed to have been elected to the Legislative Assembly of Bihar by that constituency as so altered.
(3) Notwithstanding anything contained in any other law for the time being in force, the Legislative Assemblies of Bihar and Jharkhand shall be deemed to be duly constituted on the appointed day.
(4) The sitting member of the Legislative Assembly of the existing State of Bihar 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 Jharkhand 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 Bihar or Jharkhand be deemed to have commenced on the date on which it actually commenced in the case of Legislative Assembly of the existing State of Bihar.
SECTION 15: SPEAKER AND DEPUTY SPEAKER
(1) The persons who immediately before the appointed day are the Speaker and Deputy Speaker of the Legislative Assembly of the existing State of Bihar shall continue to be the Speaker and Deputy Speaker respectively of that Assembly on and from that day.
(2) As soon as may be after the appointed day, the Legislative Assembly of Jharkhand 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 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 Bihar 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 Jharkhand, subject to such modifications and adaptations as may be made therein by the Speaker thereof.
SECTION 17: LEGISLATIVE COUNCIL OF BIHAR
On and from the day on which all the members specified in the Third Schedule retire, there shall be seventy-five seats in the Legislative Council of Bihar, and in the Third Schedule to the Representation of the People Act, 1950 (43 of 1950), for the existing Entry 2, the following entry shall be substituted, namely:—
"2. Bihar 75 24 6 6 27 12".
SECTION 18: COUNCIL CONSTITUENCIES
On and from the appointed day, the Delimitation of Council Constituencies (Bihar) Order, 1951 shall stand amended as directed in the Fourth Schedule.
SECTION 19: PROVISION AS TO SITTING MEMBERS
Notwithstanding anything contained in Section 17, all sitting members of the Legislative Council of the existing State of Bihar, shall continue to be members of that Council till they retire on the expiration of their present term of office.
SECTION 20: CHAIRMAN AND DEPUTY CHAIRMAN
The person who immediately before the appointed day is the Chairman or Deputy Chairman of the Legislative Council of the existing State of Bihar shall continue to be the Chairman or Deputy Chairman, as the case may be, on and from that day of that Council.
SECTION 21: DELIMITATION OF 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 Bihar and Jharkhand respectively, having regard to the relevant provisions of the Constitution;
(b) the assembly constituencies into which each State referred to in clause (a) shall be divided, the extent of each of such constituencies and in which of them seats shall be reserved for the Scheduled Castes or for the Scheduled Tribes; and
(c) the adjustments in the boundaries and description of the extent of the parliamentary constituencies in each successor States that may be necessary or expedient.
(2) In determining the matters referred to in clauses (b) and (c) of sub-section (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;
(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 Bihar and Jharkhand shall be determined on the basis of the published figures of the census taken in the year 1971.
SECTION 22: POWER OF THE ELECTION COMMISSION TO 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 21 or any error arising therein from inadvertent slip or omission;
(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 23: AMENDMENT OF THE SCHEDULED CASTES ORDER
On and from the appointed day, the Constitution (Scheduled Castes) Order, 1950, shall stand amended as directed in the Fifth Schedule.
SECTION 24: AMENDMENT OF THE SCHEDULED TRIBES ORDER
On and from the appointed day, the Constitution (Scheduled Tribes) Order, 1950, shall stand amended as directed in the Sixth Schedule.
PART 04: HIGH COURT
SECTION 25: HIGH COURT OF JHARKHAND
(1)On and from the appointed day, there shall be a separate High Court for the State of Jharkhand (hereinafter referred to as the High Court of Jharkhand) and the High Court at Patna shall become the High Court for the State of Bihar (hereinafter referred to as the High Court at Patna).
(2) The principal seat of the High Court of Jharkhand 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 Jharkhand may sit at such other place or places in the State of Jharkhand other than its principal seat as the Chief Justice may, with the approval of the Governor of Jharkhand, appoint.
SECTION 26: JUDGES OF HIGH COURT
(1) Such of the Judges of the High Court at Patna 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 at Patna and become Judges of the High Court of Jharkhand.
(2) The persons who by virtue of sub-section (1) become Judges of the High Court of Jharkhand 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 appointment as Judges of the High Court of Patna.
SECTION 27: JURISDICTION OF HIGH COURT
The High Court of Jharkhand shall have, in respect of any part of the territories included in the State of Jharkhand, all such jurisdiction, powers and authorities as, under the law in force immediately before the appointed day, are exercisable in respect of that part of the said territories by the High Court at Patna.
SECTION 28: SPECIAL PROVISION RELATING TO BAR COUNCIL AND ADVOCATES
(1) On and from the appointed day, in the Advocates Act, 1961, in Section 3, in sub-section (1), in clause (a), after the words "Jammu and Kashmir", the word "Jharkhand" shall be inserted.
(2) Any person who immediately before the appointed day is an advocate on the roll of the Bar Council of the existing State of Bihar 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 Jharkhand and notwithstanding anything contained in the Advocates Act, 1961 and the rules made there under, on such option so given his name shall be deemed to have been transferred on the roll of the Bar Council of Jharkhand with effect from the date of the option so given for the purposes of the said Act and the rules made there under.
(3) The person other than the advocates who are entitled immediately before the appointed day, to practise in the High Court at Patna 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 Jharkhand or any subordinate court thereof, as the case may be.
(4) The right of audience in the High Court of Jharkhand shall be regulated in accordance with the like principles as, immediately before the appointed day, are in force with respect to the right of audience in the High Court at Patna.
SECTION 29: PRACTICE AND PROCEDURE IN COMMON HIGH COURT
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 at Patna shall, with the necessary modifications, apply in relation to the High Court of Jharkhand, and accordingly, the High Court of Jharkhand shall have all such powers to make rules and orders with respect to practice and procedure as immediately before the appointed day exercisable by the High Court at Patna: 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 at Patna shall, until varied or revoked by rules or orders made by the High Court of Jharkhand, apply with the necessary modifications in relation to practice and procedure in the High Court of Jharkhand as if made by that court.
SECTION 30: CUSTODY OF SEAL OF HIGH COURT
The law in force immediately before the appointed day with respect to the custody of the seal of the High Court at Patna shall with the necessary modifications, apply with respect to the custody of the seal of the High Court of Jharkhand.
SECTION 31: FORM OF WRITS AND OTHER PROCESSES
The law in force immediately before the appointed day with respect to the form of writs and special processes used, issued or awarded by the High Court at Patna 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 Jharkhand.
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