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BOMBAY REORGANISATION ACT, 1960
11 OF 1960
STATEMENT OBJECTS AND REASONS In the Address delivered by the President to Parliament at the inauguration of the current session, it was announced that the Government of India proposed io introduce a Bill for the reorganisation of the present State of Bombay. The Bombay Reorganisation Bill is designed to reconstitute the present State as two separate States. T he Bill provides for the territories ol the two Slates, and makes the necessary suplemental and incidental provisions relating to representation in Parliament and in the State Legislatures, the apportionment of assets and liabilities and other matters. As required by the proviso to article of the Constitution, this Bill was referred by the President to the Legislature of the State of Bombay and has been considered by both Houses ofthr State Legislature. Its news have been received and will also be placed before Parliament. The notes on clauses explain tin: various provisions of 'his Bill." - Gaz. ofind. 2" ."-I960. Pt. II. S. 2. Extra P. 214. An act to provide for the reorganisation of the State of Bombay and for matters connected therewith. BE it enacted by Parliament in the Eleventh Year of the Republic of India as follows (a) For Report of Joint Committee see Gaz. of Ind. 14-4-1960, Extra. Pt. II. S. 2. p. 309 4.
PART 1: PRELIMINARY:
SECTION 1: Short title:
This Act may be called The Bombav Reorgunisation Act, i960.
SECTION 2: Definitions:
In this Act. Link's the context otherwise requires -
(a) "appointed day" means the 1st day 1st day of May, 1960;
(b) "article" means an article of the Constitution;
(c) "assembly constituency", "council constituency" and "parliamentary constituency" have the same meanings as in (Representation of the People Act, 1950),
(d) "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 State' of Bombay;
(e) "notified order" means an order published in the Official Gazette.
(f)"population ratio", in relation to the States of Maharashtra find Gujarat, means the ratio of 66.31 to 33.69.
PART 2: REORGANISATION OF BOMBAY STATE:
SECTION 3: Formation of Gujarat State:
(1) As from the appointed day, there shall be formed a MW State to be known as the State of Gujarat comprising the following territories of the State of Bombay, namely (a) Banaskantha, Mehsana, Sabarkantha, Ahmedabad, Kaira, Panchmahals, Baroda, Broach, Surat, Dangs, Arnreli, Surendrangar, Rajkot, Jamnagar, Junagadh, Bhavnagar and Kutch districts; and (b) the villages in Umbergaon taluka of Tbana district, the villages in Nawapur and Nandurbar taiukas of West Khandesh district and villages in Akkalkuwa and Taloda talukas of West Khndesh district, respectively specified in Parts I, II and III of the First Schedule: and thereupon, the said territories shall ceate to form part of the State of Bombay, and the residuary State of Bombay shall be known as the State of Maharashtra.
(2) The villages of Umbergaon taluka specified In Part I of the First Schedule shall form a separate taluka of the same name and be included in Surat district and the remaining villages in the said taluka shall be included in, and form part of, Dahanu taluka of Thana district; end the villages specified in Parts II and III of the First Schedule shall respectively be included in, and form part of, Songadh taluka of Surat district anc Sagbara taluka of Broach district.
SECTION 4: Amendment in the 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 entry 4, the following entry shall be substituted, namely "4. Gujarat- the territories referred to in sub-section (1) of (section 3) of the Bombay Reorganisation Act, 1960.";
(b) after entry 7, the following entry shall be inserted, namely "8. Maharashtra- The territories specified in sub-section (1) of (section 8) of (States Reorganisation Act, 1956), but excluding the territories referred to in sub-section (1) of (section 3) of the Bombay Reorganisation Act, 1960."; and
(c) entries 8 to 14 shall be renumbered as entries 9 to 15, respectively.
SECTION 5: Saving powers of State Government:
Nothing in the foregoing provisions of this Part shall be deemed t0 affect the power of the State Government to alter, after the appointed day, the name, extent or boundaries of any district, taluka or village in the State.
PART 3: REPRESENTATION IN THE LEGISLATURES:
SECTION 6: Amendment of the Fourth Schedule to the Constitution:
As from the appointed day, there shall be allotted 19 seats to the State of Maharashtra, and 11 seats to the State of Gujarat. in the Council of States, and in the Fourth Schedule to the Constitution, in the Table
(a) for entry 4, the following entry shall be inserted, namely "4. Gujarat...11";
(b) after entry 7, the following entry shall be inserted, namely "8. Maharashtra. ..19";
(c) entries 8 to 18 shall be renumbered as entries 9 to 19, respectively; and
(d) for the figures "221", the figures "224" shall be substituted.
SECTION 7: Allocation of sitting members:
(1) The twelve sitting members of the council of States representing the State of Bombay, whose names are specified in Part I of the Second Schedule, and such six of the nine sitting members elected to represent that State at the biennial elections held for the purpose of filling the vacancies existig on the 3rd day of April, 1960; as the Chairman of the Council of States shall by order specify shall, as from the appointed day, be deemed to have been duly elected to fill eighteen of the nineteen seats allotted to the State of Maharashtra.
(2) The five sitting members of the Council of States representing the State of Bombay, whose names are specified in the Part II of the Second Schedule, and the remaining three of the nine members elected at the said biennial elections shall, as from the appointed day, be deemed to have been duly elected to fill eight of the eleven seats allotted to the State of Gujarat.
SECTION 8: Bye-elections to fill vacancies:
As soon as may be after the appointed day, bye- elections shall be held to fill the Additional seats allotted to the States of Maharashtra and Gujarat and well as the existing casual vacancy in the Seats allotted to the State of Gujarat.
SECTION 9: Term of office:
( 1 ) The term of office of the Sitting members and of the member chosen to Fill the casual vacancy shall remain unaltered.
(2) The term of office of the member elected to fill the one additional seat allotted to the State of Maharashtra shall expire on the 2nd day of April. 1966.
(3) Out of the two members elected to fill the two additional seats allotted to the State of Gujarat, the term of office of that member who, at the counting of votes, is last declared elected, or if an equality of votes is found to exist, the term of office of such one of them as the returning officer shall decide by lot, shall expire on the 2nd day of April, 1964 and the term of office of the other member shall expire on the 2nd day of April, 1966.
SECTION 10: Representation in the House of the People:
As from the appointed day, there shall be allotted 44 seats to the State of Maharashtra, and 22 seats to the State of Gujarat, in the House of the People, and in the First Schedule to
(a) for entry 4, the following entry shall be substituted, namely "4. Gujarat... .... ... ... ... ... 22";
(b) after entry 7, the following entry shall be inserted, namely "8. Maharashtra... ... ...... ... 44"; and
(c) entries 8 to 22 shall be renumbered as entries 9 to 23, respectively.
SECTION 11: Delimitation of parliamentary constituencies:
As from the appointed day, the First Schedule to, (Delimitation of Parliamentary and Assembly Constituencies Order, 1956) shall stand amended as directed in the Third Schedule to this Act.
SECTION 12: Provision as to sitting members:
Every sitting member of the House of the People representing constituency which, on the appointed day, by virtue of the provisions of (section 11), stands allotted, with or without alteration of boundaries, to the State of Maharashtra or to the State of Gujarat. shall be deemed to have been elected to the House of the People by the constituency as so allotted.
SECTION 13: Strength of Legislative Assemblies:
As from the appointed day, the total number of seats to be filled by persons chosen by direct election in the Legislative Assemblies of Maharashtra and Gujarat shall be 264 and 132, respectively, and in the Second Schedule to (Representation of the People Act, 1950)
(a) for entry 4, the following entry shall be substituted, namely "4. Gujarat... ... ... ... ... ... ... ... 132";
(b) after entry 7, the following entry shall be inserted, namely "8. Maharashtra... ... ... ... ... ... ... ... 264"; and
(c) entries 8 to 13 shall be renumbered as entries 9 to 14, respectively.
SECTION 14: Delimitation of Assembly constituencies:
As from the appointed day, the Second Schedule to (Delimitation of Parliamentary and Assembly Constituencies Order, 1956), shall stand amended as directed in the Fourth Schedule to this Act.
SECTION 15: Allocation of members:
(1) Every sitting member of the Legislative Assembly of Bombay representing a constituency which on the appointed day, by virtue of the provisions of (section 14), stands transferred, whether with or without alteration of boundaries, to the State of Gujarat shall, as from that day, cease to be a member of the Legislative Assembly of Bombay and shall be deemed to have been elected to the Legislative Assembly of Gujarat by that constituency as so transferred.
(2) All other sitting members of the Legislative Assembly of Bombay shall become members of the Legislative Assembly of Maharashtra 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 14) shall be deemed to have been elected to the Legislative Assembly of Maharashtra by that constituency as so altered.
(5) The sitting member of the Legislative Assemblv.of Bombay nominated to that Assembly under (article 333) to represent the Anglo-indian community shall bf deemed to have been nominated to represent the said community in the Legislative Assembly of Maharashtra under that Article.
SECTION 16: Duration of Legislative Assemblies:
The period of five years referred to in clause (1) of (Art. 172 of the Constitution of India) shall, in the case of the Legislative Assembly of Maharashtra or Gujarat, be deemed to have commenced oh the date on which it actually commenced in the case of the Legislative Assembly of Bombay.
SECTION 17: Speakers and Deputy Speakers:
(1) The persons who immediately before the appointed day are the Speaker and Deputy Speaker of the Legislative Assembly of Bombay shall be the speaker and Deputy Speaker resoectively.'of the Legislative Assembly of Maharashtra.
(2) As soon as may be after the appointed day, the Legislative Assembly of Gujarat 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 18: Rules of procedure:
The rules as to procedure and conduct of business in force immediately before the appointed day with respect to the Legislative Assembly of Bombay shall, until rules are made under clause (1) of , have effect in relation to the Legislative Assembly of Maharashtra or of Gujarat, subject to such modifications and adaptations as may be made therein by the Speaker thereof.
SECTION 19: Special provisions in relation to Gujarat Legislative Assembly:
(1) The total number of seats in the Legislative Assembly of Gujarat to be filled by persons chosen by direct election on the expiration of the duration of that Assembly under (section 16) or on its dissolution shall be increased from 132 to 154; and accordingly, as from the date of such expiration or dissolution, in ihe Second Schedule to (Representation of the People Act, 1950), in entry 4, for the figures "132", the figures "154" shall be substituted.
(2) For the purpose of giving eiiect to the provisions of sub-section (1) 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 of the State in the Legislative Assembly, having regard to the relevant provision? of the Constitution; [(b) the Assembly constituencies into which the State shall be divided, the extent of each of such constituencies and in which of them seat 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 the State that may be necessary or expedient.
[(3) In determining the matters referred to in clauses (b) and (c) of sub-section (2), the EteCtwn Commission shall haye regard to the following provisions, namely (a) all the constituencies shall be single-member constituencies; (b) all the constituencies shall, as far as practicable, be geographically compact areas and in delimiting them regard shall be had to physical fe'atures, existing boundaries of administrative units, facilitie" of communteationand public convenience; and (c) Constituencies in which seats are reserved either for the scheduled castes or for the scheduled tribes shall, as far as practicable, be located in the areas, in which the population of the scheduled castes or, as the case may be, of the scheduled tribes is roost concentrated, but in regard to scheduled castes, care should be taken to distribute the reserved seats in different areas of the State.]
(4) For the purpose of assisting the Election Commission in the performance of its functions under sub-section (2), the Commission shall associate with itself such five persons as the Central Government shall by order specify, being persons who are members cither of the Legislative Assembly of the State or of the House of the People representing the State: Provided that none of the said associate members shall have a right to vote or to sign any decision of the Election Commission.
(5) The Election Commission shall- (a) publish its proposals in regard to matters mentioned in sub-section (2) in the Official Gazette of the State together with a notice specifying the date on or after which the proposal 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 for the purpose of such consideration, bold one or more public sitting at such place or places as it thinks fit; (c) make an order revising to such extent as may be necessary or expedient the Schedules to (Delimitation of Parliamentary and Assembly Constituencies Order, 1956, in so far as they relate to the State; and (d) send authenticated copies of the order to the Central Government and to the State Government.
(6) As soon as may be, after the said order is received by the Central Government or the State Government, it shall be laid before the House of the People or, as the case may be, the Legislative Assembly of the State.
(7) An order made by the Election Commission under this sction shall have the full force of law and shall not be called in question in any Court.
SECTION 20: Amendment of Article 168 of the Constitution:
As from the appointed day, in (Art.168 of the Constitution of India), in sub-clause (a) of clause (1), the, word "Bombay" shall be omitted, and after the word "Madras", the word "Maharashtra" shall be inserted.
SECTION 21: Legislative Council of Maharashtra:
As from the appointed day, there shall be 78 seats in the Legislative Council of Maharashtra, and in the Third Schedule to (Representation of the People Act, 1950)-
(a) the entry No. 3 relating to Bombay shall be omitted and the existing entries 4 and 5 shall be renumbered as entries 3 and 4, respectively;
(b) after the entry relating to Madrs, the following entry shall be inserted, namely "5. Maharashtra ...7822 7 7 30 12"."
SECTION 22: Council Constituencies:
As from the appointed day, shall stand amended as directed in the Fifth Schedule.
SECTION 23: Provision as to certain sitting members:
(1) On the appointed day- (a) the sitting members of the Legislative Council of Bombay specified in the Sixth Schedule shall cease to be members of that Council; and (b) all other sitting members of that Council shall become members of the Legislative Council of Maharashtra and any such sitting member representing a Council constituency the extent of which is altered by virtue of the provisions of (section 22) shall be deemed to have been elected to the Legislative Council of Maharashtra by that constituency as so altered.
(2) The term of office of the members referred to in clause (b) of sub-section ( I ) shall remain unaltered.
SECTION 24: Special provision as to biennial elections:
(1) Notwithstanding anything contained in (S.16 of the Representation of the People Act, 1951), no notification under that section shall be published before the appointed day lor holding biennial election to fill the seats of members of the Legislative Council of Bombay, retiring on the expiration of their term of office on the 24th day of April, 1960.
(2) The term of office of the members of the said Council elected to fill the vacancies at the said biennial elections shall expire on the 24th day of April, 1976.
Section 25: Chairman and Deputy Chairman:
(1) The person who immediately before the appointed day is the Deputy Chairman of the Legislative Cpuncil of Bombay shall be the Deputy Chairman of the Legislative Council of Maharashtra.
(2) As soon as may be after the completion of the biennial elections referred to in (section 24), the Legislative Council of Maharashtra shall choose one of its members to be the Chairman thereof.
SECTION 26: Amendment of the Scheduled Castes Order:
As from the appointed day, (Constitution (Scheduled Castes) Order, 1950), shall stand amended as directed in the Seventh Schedule.
Section 27: Amendment of the Scheduled Tribes Order:
As from the appointed day, (Constitution (Scheduled Tribes) Order, 1950), shall stand amended as directed in the Eighth Schedule.
PART 4: HIGH COURTS:
SECTION 28: High Court for Gujarat:
(1) As from the appointed day, there shall be a separate High Court for the State of Gujarat (hereinafter referred to as "the High Court of Gujarat") and the High Court of Bombay shall become the High Court for the State of Maharashtra (hereinafter referred to as "the High Court of Bombay").
(2) The principal seat of the High Court of Gujarat shall be at such place as the Presidrot may,.by notified order, appoint.
(3) Notwithstanding anything contained in sub-section (2), the Judges and division courts of the High Court of Gujarat may sit at such other place or places in the State of Gujarat other than its principal seat as the Chief Justice may, with the approval of the Governor of Gujarat, appoint.
SECTION 29: Judges of Gujarat High Court:
( 1 )Such of the Judges of the High Court of Bombay holding office immediately before the appointed day as may bedetermined by the President shall on that day cease to be Judges of the High.Coiirt at Bombay and become Judges of the High Court of Gujarat.
(2) The persons who by virtue ofsub-section(l) become Judges of the High Court of Gujarat shall, except in the case where andny such person is appointed to be the Chief Justice of that Hign Court, rank in that Court according to the priority of)their respective appointments as Judges of the High Court of Bombay.
SECTION 30: Jurisdiction of Gujarat High Court:
The High Court of Gujarat shall have, in respect of any part of the territories included in the State of Gujarat, all such jurisdiction, powers and authority as, under the law in force immediately before t.he appointed day, are exercisable in respect of that part of the said territories by the High Court of Bombay.
SECTION 31: Power to enroll advocates:
(1) The High Court of Gujarat shall have the like powers to approve, admit, enrol, remove and suspend advocates and attroneys, and to make rules with respect to advocates and attorneys, as are, under the law in force immediately before the appointed day, exercisable by the High Court of Bombay.
(2) The right of audience in the High Court of Gujarat 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 of Bombay: Provided that, subject to any rule made or direction given by the High Court of Gujarat in exercise of the powers. conferred by this section, any person who immediately before the appointed day is an advocate entitled to practice, or an attorney entitled to act, in the High Court of Bombay shall be recognised as an advocate or an attorney entitled to practise or to act, as the case may be, in the High Court of Gujarat.
SECTION 32: Practice and procedure in Gujarat 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 of Bombay shall with the necessary modifications, apply in relation to the High Court of Gujarat and accordingly, the High Court of Gujarat 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 Bombay: 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 Bombay shall, until varied or revoked by rules or orders made by the High Court of Gujarat, apply with the necessary modifications in relation to practice and procedure in the High Court of Gujarat as if made by that Court,
SECTION 33: Custody of seal of Gujarat High Court:
The law in force immediately before the appointed day with respect to the custody of the seal of the High Court of Bombay shall, with the necessary modifications, aoply with respect to the custody of the seal of the High Court of Gujarat.
SECTION 34: Form of writs and other process:
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 Bombay 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 Gujarat.
SECTION 35: Powers of Judges:
The law in force immediately before the appointed day relating to the powers of the Chief Justice, single Judges and division Courts of the High Court of Bombay 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 Gujarat.
SECTION 36: Procedure as to appeals to Supreme Courts:
The law in force immediately before the appointed day relating to appeals to the Supreme Court from the High Court of Bombay and the Judges and Division Courts thereof shall, with the necessary modifications, apply in relation to the High Court of Gujarat.
SECTION 37: Transfer of proceedings from Bombay High Court to Gujarat High Court:
(1) Except as hereinafter provided, the High Court at Bombay shall, as from the appointed day, have no jurisdiction in respect of the transferred territory.
(2) Such proceedings pending in the High Court of Bombay immediately before the appointed day as are certified, whether before or after that day, 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 Gujarat shall, as soon as may be after such certification, be transferred to the High Court of Gujarat.
(3) Notwithstanding anything contained in sub-sections (1) and (2) of this section or in (section 30), but save as hereinafter provided, the High Court at Bombay shall have, and the High Court of Gujarat 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 Bombay before the appointed day : Provided that if after any such proceedings have been entertained by the High Court at Bombay, it appears to the Chief Justice of that High Court that theypught to be transferred to the High Court of Gujarat, 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 Bombay- (a) before the appointed day, in any proceedings transferred to the High Court of Gujarat by virtue of. sub-section (2), or (b) in any proceedings with respect to which the High Court at Bombay retains jurisdiction by virtue of sub-section (3). shall lor all purposes have effect, not only as an order of the High Court at Bombay, but also as an order made by the High Court of Gujarat.
SECTION 38: Right to appear or to act in proceedings transferred to Gujarat High Court:
Any person who immediately before the appointed day, is an advocate entitled to practise, or an attorney entitled to act: in the High Court of Bombay and was authorised to appear or to act in any proceedings transferred from that High Court to the HiJh Court of Gujarat under S. 37, shall have the right to appear or to act, as the case may be, in the High Court of Gujarat in relation to those proceedings.
SECTION 39: Interpretation:
For the purposes of (section 37)
(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 oX 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 t6 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 toe construed as including references to a sentence, judgment or decree passed ormadeby that Court or Judge.
SECTION 40: Savings:
Nothing in this Part shall affect the application to the High Court of Gujarat 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 41: Permanent Bench of Bombay High Court at Nagpur:
Without prejudice to the provisions of (S. 51 of the States Reorganisation Act, 1956), such Judges of the High Court at Bombay, being not less than three in number, as the Chief Justice may from time to time nominate, shall sit at Nagpur in order to exercise the jurisdiction and power for the time being vested in that High Court in respect of cases arising in the districts of Buldana, Akola, Arnravati, Yeotmal, Wardha, Nagpur, Bhandara, Chanda and Rajura: Provided that the Chief Justice may, in his discretion, order that any case arising in any such districts shall be heard at Bombay.
PART 5: AUTHORISATION OF EXPENDITURE:
SECTION 42: Authorisation of expenditure of Gujarat State:
The Governor of Bombay may, at any time before the appointed day, authorise such expenditure from the Consolidated Fund of the State of Gujarat as he deems necessary for a period of not more than six months beginning with the appointed day ending the sanction of such expenditure by the Legislature of the State of Gujarat: Provided that the Governor of Gujarat may, after the appointed day, authorise such further expenditure as he deems necessary from the Consolidated Fund of the State of Gujarat for any period not extending beyond the said period of six months.
SECTION 43: Reports relating to accounts of Bombay 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 Bombay in respect of any period prior to the appointed day shall be submitted to the Governor of each of the States of Maharashtra and Gujarat who shall cause them to be laid before the Legislature of the State.
(2) The President may by order- (a) declare any expenditure incurred out of the Consolidated Fund of Bombay on any service in respect of any period prior to the appointed day during the financial year 1960-61 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 44: Allowances and privileges of Governor of Gujarat:
The allowances and privileges of the Governor of Gujarat shall, until provision in. that behalf is made by Parliament by law under clause-(3) of (article 158), be such as the President may, by order, determine._______________
SECTION 45: Distribution of revenues:
(1) (S.3 of the Union Duties of Excise (Distribution) Act, 1957), (Section 3) and (S.5 of the Estate Duty and Tax on Railway Passenger Fares (Distribution) Act, 1957), (Section 4) of, and the Second Schedule to, (Additional Duties of Excise (Goods of Special Importance) Act, 1957), and (Constitution (Distribution of Revenues) Order, 1957) , shall have effect subject to such modifications as arc specified in the Ninth Schedule.
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