PUNJAB REORGANISATION ACT, 1966
This Act may be called the Punjab Reorganisation Act, 1966.
In this Act, unless the context otherwise requires,-
(a) "Administrator" means the administrator of a Union territory appointed by the President under article 239 of the Constitution ;
(b) "Appointed day" means the 1st day of November, 1966 ;
(c) "Article" means an article of the Constitution ;
(d) "Assembly constituency", "council constituency" and "parliamentary constituency" have the same meanings U in the Representation of the People Act, 1950 (43 of 1950);
(e) "Delimitation Commission" means the Delimitation Commission constituted under section 3 of the Delimitation Commission Act, 1962 (1 of 1962);
(f) "Existing State of P
(1) On and from the appointed day, there shall be formed a new State to be known as the State of Haryana comprising the following territories of the existing State of Punjab, namely
:-
(a) Hissar, Rohtak, Gurgaon, Karnal and Mahendragarh districts;
(b) Narwana and Jind tehsils of Sangrur district;
(c) Ambala, Jagadhari and Naraingarh tehsils of Ambala district;
(d) Pinjore kanungo circle of Kharar tehsil of Ambala district; and
(e) the territories in Manimajra kanungo circle of Kharar tehsil of Ambala district specified in the First Schedule, and thereupon the said territories shall cease to form part of the existing State of Punjab.
On and from the appointed day, there shall be formed a new Union territory to be known as the Union territory of Chandigarh comprising such of the territories of Manimajra and Manauli kanungo circles of Kharar tehsil of Ambala district in the existing State of Punjab as are specified in the Second Schedule and thereupon the territories so specified shall cease to form part of the existing State of Punjab.
(1) On and from the appointed day, there shall be added to the Union territory of Himachal Pradesh the territories in the existing State of Punjab comprised in-
(a) Shimla, Kangra, Kulu and lahul and Spiti districts ;
(b) Nalagarh tehsil of Ambala district;
(c) Lohara, Amb and Una kanungo circles of Una tehsil of Hoshiarpur district ;
(d) the territories in Santokhgarh kanungo circle of Una tehsil of Hoshiarpur district specified in Part I of the Third Schedule;
(e) the territories in Una tehsil of Hoshiarpur district specified in part II of the Third Schedule; and
(f) the territories of Dhar Kalan Kanungo circle of Pathankot tehsil of Gurdaspur dis
(1) On and from the appointed day, the State of Punjab shall comprise the territories of the existing State of Punjab other than those specified in subsection (1) of section 3, section 4 and sub-section (1) of section 5.
(2) The territories which immediately before the appointed day were part of Ambala district in the existing State of Punjab but are not transferred by virtue of section, 3, 4 and 5, shall together with the territories which immediately before that day were part of the Una tehsil of Hoshiarpur district in the existing State of Punjab but are not transferred by virtue of section 5, form a separate district known as the Ropar district in the State of Punjab and in that district-
(i) the territories which immediately before the appointed day were part of Manimaja kanungo circle of Kharar tehsil of
On and from the appointed day, in the First Schedule to the Constitution,-
(a) Under the heading "I. THE STATES",-
(i) in the paragraph relating to the territories of the State of Punjab, the following shall be added at the end, namely:-
"and the territories specified in sub-section (1) of section 3, section 4 and sub-sections(l) of Section 5 of the Punjab Reorganisation
Act, 1966";
(ii) After entry 16, the following entry shall be inserted, namely:-
"17. Haryana: The territories specified in sub-section (1) of section 3 of the Punjab Reorganisation Act, 1966";
(b) Under the heading "II. THE UN
Nothing in the foregoing provisions of this Part shall be deemed to affect the power of the Government of Punjab or Haryana or the Administrator of the Union territory of Himachal Pradesh to alter, after the appointed day, the name, area or boundaries of any district or other territorial division in the State or Union territory, as the case may be.
On and from the appointed day, in the Fourth Schedule to the Constitution, in the Table,-
(a) Entries 5 to 21 shall be re-numbered as entries 6 to 22 respectively;
(b) After entry 4, the following entry shall be inserted, namely :--"5. Haryana............................5" ;
(c) in entry 12 as so re-numbered, for the figures "11", the figure "7" shall be substituted ;
(d) in entry 19 as so re-numbered, for the figure,"2 ", the figure "3", shall be substituted; and
(e) for the figures "226", the figures "228" shall be substituted.
(1) On and from the appointed day, the eleven sitting members of the Council of States representing the existing State of Punjab shall be deemed to have been elected to fill the seats allotted to the States of Haryana and Punjab and the Union territory of Himachal
Pradesh, as specified in the Fourth Schedule.
(2) the term of office of such sitting members shall remain unaltered.
(1) As soon as may be after the appointed day, bye-elections shall be held to fill the vacancies existing on the appointed day in the seats allotted to the State of Haryana.
(2) The term of office of such one of the two members so elected, as the Chairman of the Council of States may determine by drawing lot, shall expire on the 2nd day of April, 1968, and the term of office of the other members shall expire on the 2nd day of April, 1972
Nothing in Part II shall be deemed to affect the constitution or duration of the existing House of the People or the extent of the constituency of any sitting member of that House.
(l)The number of seats as on the appointed day in the Legislative Assemblies of the State of Haryana and Punjab and the Union territory of Himachal Pradesh shall be fifty-four, eighty-seven and fifty-six, respectively.
(2) In the Second Schedule to the Representation of the People Act, 1950 (43 of 1950);
(a) After entry 4, the following entry shall be inserted, namely:- "4A. Haryana ........54";
(b) In entry 11, for the figures "154", the figures "87" shall be substituted; and
(c) In entry 16, for the figures, "40" the figures "54" shall be substituted.
On and from the appointed day, part B of Schedule XI to the Delimitation of Parliamentary and Assembly Constituencies Order, 1961, and the Schedule to the Delimitation of Territorial Council Constituencies (Himachal Pradesh) Order, 1962, shall stand amended as
directed in the Fifth Schedule to this Act.
(1) Every sitting member of the Legislative Assembly of Punjab elected to fill a seat in that Assembly from a constituency which on the appointed day by virtue of the provisions of section 14 stands allotted, with or without alteration of boundaries, to the State of Haryana
or to the Union territory of Himachal Pradesh, shall, on and from that day, cease to be a member of the Legislative Assembly of Punjab and shall be deemed to have been elected to fill a seat in the Legislative Assembly of Haryana or in the Legislative Assembly of Himachal
Pradesh, as the case may be, from that constituency as so allotted.
(2) All other sitting members of the Legislative Assembly of Punjab shall continue to be members of the Legislative Assembly of that Sta
The period of five years referred to in clause (1) of article 172 shall, in the case of the Legislative Assembly of Haryana, be deemed to have commenced on the date on which it actually commenced in the case of the Legislative Assembly of Punjab.
The changes in the composition of the Legislative Assemblies of Punjab and Himachal Pradesh shall not affect the duration of either of those Assemblies.
(1) The person who immediately before the appointed day is the Speaker of the Legislative Assembly of Punjab shall continue to be the Speaker of that Assembly on and from that day.
(2) As soon as may be after the appointed day, the Legislative Assembly of Haryana shall choose a member of that Assembly to be Speaker of that Assembly.
(3) The person who immediately before the appointed day is the Deputy Speaker of the Legislative Assembly of Punjab shall be the Deputy Speaker of the Legislative Assembly of Haryana.
(4) As soon as may be after the appointed day, the Legislative Assembly of Punjab shall chose a member of that Assembly to be Deputy Speaker of that Assembly
The rules of procedure and conduct of business of the Legislative Assembly of Punjab 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 Haryana subject to such modifications and adaptations as may be made therein by the Speaker thereof.
On and from the appointed day, there shall be forty seats in the Legislative Council of Punjab, and in the Third Schedule to the Representation of the People Act, 1950 (43 of 1950), for the existing entry 7, the following entry shall be substituted, namely -
"7. Punjab 40 14 3 3 14 6"
On and from the appointed day, the Delimitation of Council Constituencies (Punjab) Order, 1951, shall stand amended as directed in the Sixth Schedule.
(l)On the appointed day, the sitting members of the Legislative Council of Punjab specified in the Seventh Schedule shall cease to be members of that Council.
(2) On and from the appointed day, all sitting members of the Legislative Council of Punjab other than those referred to in sub-section (1), shall continue to be members of that Council.
(3) Any of the sitting members continuing as Aforesaid, representing a council constituency the extent of which is altered by virtue of the provisions of section 21 shall be deemed to have been elected to the Legislative Council of Punjab by that constituency as so altered.
(4) Every sitting member of the said Council representing immediately before the appointed day any of the Council constituencies specified in column (1) of
In the House of the People to be constituted after the commencement of this Act, there shall be allotted,-
(a) Nine seats to the State of Haryana of which two seats shall be reserved for the Scheduled Castes ;
(b) Thirteen seats to the State of Punjab of which three seats shall be reserved for the Scheduled Castes ;
(c) Six seats to the Union territory of Himachal Pradesh1of which one seat shall be reserved for the Scheduled Castes; and
(d) One seat to the Union territory of Chandigarh which shall form one parliamentary Constitency.
Now as State, See Act, 53 of 1970 w.e.f. 25-1-1970
(1) The total number of seats in the Legislative Assembly of Haryana to be constituted at any time after the appointed day, to be filled by persons chosen by direct election from territorial constituencies, shall be eighty-one of which fifteen seats shall be reserved for the
Scheduled Castes.
(2) The total number of seats in the Legislative Assembly of Punjab to be constituted at any time after the appointed day to be filled by persons chosen by direct election from territorial constituencies, shall be one hundred and four of which twenty three seats shall be reserved
for the Scheduled Castes.
(3) The total number of seats in the Legislative Assembly of Himachal Pradesh to be constituted at any time after
(1) The Delimitation Commission shall, in the manner herein provided, distribute the seats in the House of the People allotted to Haryana, Punjab and Himachal Pradesh under section 23 and the seats assigned to the Legislative Assembly of each of them under section 24 to
single-member territorial constituencies and delimit them on the basis of the latest census figures, having regard to the provisions of the Constitution and to the following provisions, namely: -
(a) 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 public convenience;
(b) Every assembly constituency shall be so delimited
On and from the appointed day, in article 371 of the Constitution, in clause (1), the words "or Punjab", shall be omitted.
(1) On and from the appointed day, the Constitution (Scheduled Castes) Order, 1950, shall stand amended as directed in the Eighth Schedule.
(2) On and from the appointed day, the Constitution (Scheduled Castes) (Union Territories) Order, 1951, shall stand amended as directed in the Nineth Schedule.
(1) On and from the appointed day, the Constitution (Scheduled Tribes) Order, 1950, shall stand amended as directed in the Tenth Schedule.
(2) On and from the appointed day, the Constitution (Scheduled Tribes) (Union Territories) Order, 1951, shall stand amended as directed in the Eleventh Schedule.
1.On and from the appointed day,-
(a) there shall be a common High Court for the States of Punjab and Haryana and for the Union territory of Chandigarh to be called the High Court of Punjab and Haryana (hereinafter referred to as the common High Court);
(b) The Judges of the High Court of Punjab holding office immediately before that date shall, unless they have elected otherwise, become on that day the Judges of the common High Court.
(2) The expenditure in respect of salaries and allowances of the Judges of the common High Court shall be allocated amongst the States of Punjab and Haryana and the Union in such proportion as the President may, by order, determine.
On and from the appointed day, the common High Court shall have, in respect of the territories comprised in the States of Punjab and Haryana and the Union territory of Chandigarh, all such jurisdiction, powers and authority as, under the law in force immediately before the appointed day, are exercisable in respect of those territories by the High Court of Punjab and shall, save as otherwise provided in this Part, have no jurisdiction in respect of the transferred territory.
(1) On and from the appointed day,--
(a) in the Advocates Act, 1961 (25 of 1961), in sub-section (1) of section 3, for clause (d), the following clause shall be substituted, namely :-
"(d) for the States of Punjab and Haryana and the Union territories of Chandigarh and Himachal Pradesh, to be known as the Bar Council of Punjab and Haryana.";
(b) the Bar Council of Punjab shall be deemed to be the Bar Council of Punjab and Haryana with the Advocate-General of the State of Haryana also as an ex-officio member.
(2) Any person who immediately before the appointed day is an advocate entitled to practise in the High Court of Punjab shall be entitled to practise as. an advocate i
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 Punjab shall, with the necessary modifications, apply in relation to the common High Court.
The law in force immediately before the appointed day with respect to the custody of the seal of the High Court of Punjab shall, with the necessary modifications, apply with respect to the custody of the seal of this common High Court.
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 Punjab shall, with the necessary modifications, apply with respect to the form of writs and other processes used, issued or awarded by the common High Court.
The law in force immediately before the appointed day with respect to the powers of the Chief Justice, single Judges and division courts of the High Court of Punjab and with respect to all matters ancillary to the exercise of those powers shall, with the necessary
modifications, apply in relation to the common High Court.
(1) The principal seat of the common High Court shall, unless otherwise determined by the president after consultation with the Chief Justice of that High Court and the Governors of Punjab and Haryana, be at the same place as the Principal seat of the High Court of Punjab immediately before the appointed day.
(2) The President may, after consultation with the Chief Justice of the common High Court and the Governors of the States of Punjab and Haryana, by notified order, provide for the establishment of a permanent bench or benches of that High Court at one or more places
within the territories to which the jurisdiction of the High Court extends, other than the principal seat of the High Court, and for any matters connected therewith.
(3) Notwithstanding anything contai
The law in force immediately before the appointed day relating to appeals to the Supreme Court from the High Court of Punjab and the Judges and division courts thereof, shall, with the necessary modifications, apply in relation to the common High Court.
On and from the appointed day, the jurisdiction of the Court of the Judicial Commissioner for Himachal Pradesh shall extend to the transferred territory.
(1) All proceedings pending in the High Court of Punjab immediately before the appointed day shall, on that day, stand transferred to the common High Court.
(2) Such proceedings which stand transferred to the common High Court under sub-section (1) as are certified by the Chief Justice of the common 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 Court of the Judicial Commissioner for Himachal Pradesh shall, as soon as may be after such certification, be transferred to the Court of the Judicial Commissioner for Himachal Pradesh.
(3) Notwithstanding anything contained in the foregoing provisions of this Part, but save as hereinafter provided, the common High Court shall have, an
For the purposes of this Part,-
(a) proceedings shall be deemed to be pending in a court until that court has disposed of all issues between the parties including any issues with respect to the taxation of the costs of the proceedings and shall include appeals, applications for leave to appeal to the Supreme Court, applications for review, petitions for revision and petitions for writs; and
(b) references to a High Court shall be construed as including references to a Judge or division court thereof, and references to an order made by a court or a Judge shall be construed as including references to a sentence, judgement or decree passed or made by that court or Judge.
Nothing in this Part shall affect the application to the common High Court 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.
The Governor of the existing State of Punjab may at any time, before the appointed day, authorise such expenditure from the Consolidated Fund of the State of Haryana as he deems necessary for any period not extending beyond the 31st day of March, 1967, pending the sanction of such expenditure by the Legislative Assembly of Haryana?
Provided that the Governor of Haryana may, after the appointed day, authorise such further expenditure from the Consolidated Fund of the State as he deems necessary for the said period pending such sanction.
(1) On and from the appointed day, any Act passed by the Legislative Assembly of the Union territory of Himachal Pradesh before that day for the appropriation of any money out of the Consolidated Fund of that Union territory to meet any expenditure in respect of any part of the financial year, 1966-67 shall have effect also in relation to the transferred territory and it shall be lawful for the Government of Himachal Pradesh to spend any amount in the transferred territory out of the amount authorised by such Act to be expended for any service in that Union territory.
(2) The Administrator of Himachal Pradesh may, after the appointed day, authorise such expenditure from the Consolidated Fund of the Union territory as he deems necessary for any purpose or service in the transferred territory for any period not extending beyond the
(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 existing State of Punjab in respect of any period prior to the appointed day, shall be submitted to the Governor of each of the States of Punjab and Haryana and the Administrator of Himachal Pradesh who shall cause them to be laid before the Legislature of that State or Union territory, as the case may be.
(2) The President may by order-
(a) declare any expenditure incurred out of the Consolidated Fund of Punjab on any service in respect of any period prior to the appointed day during the financial year, 1966-67 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-sectio
The allowances and privileges of the Governor of Haryana 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.
The Constitution (Distribution of Revenues) Order, 1965, the Union Duties of Excise (Distribution) Act, 1962 (3 of 1962), the Additional Duties of Excise (Goods of Special Importance) Act, 1957 (58 of 1957), and the Estate Duty (Distribution) Act, 1962 (9 of 1962), shall on and from the appointed day, stand amended as directed in the Twelfth Schedule
The provisions of this Part shall apply in relation to the apportionment of the assets and liabilities of the existing State of Punjab immediately before the appointed day.
The provisions of this Part shall apply in relation to the apportionment of the assets and liabilities of the existing State of Punjab immediately before the appointed day.
The total of the cash balances in all treasuries of the existing State of Punjab and the credit balances of that State with the Reserve Bank of India, the State Bank of India or any other bank immediately before the appointed day shall be divided between the successor States according to the population ratio:
Provided that for the purpose 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 the successor States in the books of the Reserve Bank of India on the
appointed day:
Provided further that if any successor State has no account with the Reserve Bank of India the adjustment shall be made in such manner as the Central Government may, by or
The right to recover arrears of any tax or duty on property, including arrears of land revenue, shall belong to the successor State in whose territories the property is situated, and the right to recover arrears of any other tax or duty shall belong to the successor State in
whose territories the place of assessment of that tax or duty is included.
(1) The right to recover any loans or advances made before the appointed day by the existing State of Punjab to any local body, society, agriculturist or other person in an area within that State shall belong to the successor State in whose territories that area is included:
Provided that the right to recover loans or advances of pay and travelling allowance to a Government servant made before the appointed day by the existing State of Punjab shall pass to the successor State to which such Government servant is allotted.
(2) The right to recover any loans or advances made before the appointed day by the existing State of Punjab to any person or institution outside that State shall belong to the State of Punjab:
Provided
(1) The investments made from the Cash Balance Investment Account, the Famine Relief Fund and any other general fund of the existing State of Punjab, the sums at the credit of that State in the Central Road Fund and the sums held in the Defence and Security Relief Fund shall be divided between the successor States according to the population ratio; and the investments in any special fund the objects of which are confined to a local area in the existing State of Punjab shall pass to the successor State in whose territories that area in
included.
(2) The investments of the existing State of Punjab immediately before the appointed day in any private commercial or industrial undertaking, in so far as such investments have not been made or are deemed not to have been made from the Cash Bal
(1) The assets and liabilities relating to any commercial or industrial undertaking of the existing State of Punjab shall pass to the successor State in whose territories the undertaking is located.
(2) Where a depreciation reserve fund is maintained by the existing State of Punjab for any commercial or industrial undertaking, the securities held in respect of investments made from that fund shall pass to the successor State in whose territories the undertaking is located.
(3) Where any such undertaking is located in more that one successor State, the assets and liabilities and the securities referred to in sub-sections (1) and (2) respectively shall be divided in such manner as may be agreed upon between the successor States before the 1st day of November, 1967 or in default of such agreement, as the Central Go
(1) The public debt of the existing State of Punjab attributable to loans raised by the issue of Government securities and outstanding with the public immediately before the appointed day shall, on and from that day, be the debt of the State of Punjab, and-
(a) the other successor States shall be liable to pay to the State of Punjab their shares of the sums due from time to time for the servicing and repayment of the debt, and
(b) for the purpose of determining the said shares, the debt shall be deemed to be divided between the successor States as if it were a debt referred to in sub-section (4).
(2) The public debt of the existing State of Punjab attributable to loans taken from the Central Government, the National Co-operative Development Co
The liability of the existing State of Punjab to refund any tax or duty on property, including land revenue, collected in excess shall be the liability of the successor State in whose territories the property is situated, and the liability of the existing State of Punjab to refund any other tax or duty collected in excess shall be the liability of the successor State in whose territories the place of assessment of that tax or duty is included.
(1) The liability of the existing State of Punjab in respect of any civil deposit or local fund deposit shall, on and from the appointed day, be the liability of the successor State in whose territories the deposit has been made:
Provided that if the deposit is made in any area outside the existing State, the liability shall be that of the State of Punjab in the first instance and shall be adjusted between the successor States according to the population ratio.
(2) the liability of the existing State of Punjab in respect of any charitable or other endowment shall, on and from the appointed day, be the liability of the successor State in whose territories the institution entitled to the benefit of the endowment is located or of the successor State to which the objects of the endowment, under the t
(1) The liability of the existing State of Punjab in respect of the provident fund account of a Government servant in service on the appointed day shall, on and from that day, be the liability of the successor State to which that Government servant is permanently allotted.
(2) The liability of the existing State of Punjab in respect of the provident fund account of a Government servant who has retired from service before the appointed day shall be the liability of the State of Punjab in the first instance and shall be adjusted between the successor States according to the population ratio.
The liability of the existing State of Punjab in respect of pensions shall pass to, or be apportioned between, the successor States in accordance with the provisions contained in the Fourteenth Schedule.
(1) Where before the appointed day the existing State of Punjab has made any contract in 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 the purposes of the contract are, on and from the appointed day, exclusively purposes of any one of the successor States,-of that State; and
(b) if the purpose of the contract are, on and from that day, not exclusively purposes of any one of the successor States,-of the State of Punjab, and all rights and liabilities which have accrued, or may accrue, under any such contract shall, to the extent to which they would have been rights or liabilities of the existing State Ox Punjab, be rights or liabilities of the successor State or, as the case may be, the
Where, immediately before the appointed day, the existing State of Punjab is subject to any liability in respect of an actionable wrong other than breach of contract, that liability shall-
(a) if the cause of action arose wholly within the territories which on and from that day are the territories of one of the successor States, be a liability of that successor State; and
(b) in any other case, be initially a liability of the State of Punjab, but subject to such financial adjustment as may be agreed upon between all the successor States concerned, or in default of such agreement, as the Central Government may by order direct.
Where, immediately before the appointed day, the existing State of Punjab is liable as guarantor in respect of any liability of a registered co-operative society or other person, that liability of the existing State of Punjab shall-
(a) if the area of the operation of such society or person is limited to the territories which on and from that day are the territories of one of the successor States, be a liability of that successor State; and
(b) in any other case, be a liability of the State of Punjab:
Provided that in any such case as is referred to in clause (b) the initial allocation of liabilities under this section shall be subject to such financial adjustment as may be agreed upon between all the successor States, or in default of such agreement as the Central G
If any item in suspense is ultimately found to affect an asset or liability of the nature referred to in any of the foregoing provisions of this Part, it shall be dealt with in accordance with that provision.
The benefit or burden of any assets or liabilities of the existing State of Punjab not dealt with in the foregoing provisions of this Part shall pass to the State of Punjab in the first instance, subject to such financial adjustment as may be agreed upon between all the successor States before the 1st day of November, 1967, or in default of such agreement, as the Central Government may by order direct.
Where the successor States agree that the benefit or burden of any particular asset or liability should be apportioned between them in a manner other than that provided for in the foregoing provisions of this Part, then, notwithstanding anything contained therein, the benefit or burden of that asset or liability shall be apportioned in the manner agreed upon.
Where, by virtue of any of the provisions of this Part, any of the successor States becomes entitled to any property or obtains any benefit or becomes subject to any liability, and the Central Government is of opinion, on a reference made within a period of three years from the appointed day by any State, that it is just and equitable that that property or those benefits should be transferred to, or shared with, one or more of the other successor States, or that a contribution towards that liability should he made by one or more of the other successor States, the said property or benefits shall be allocated in such manner, or the other successor State or States shall make to the State primarily subject to the liability such contribution in respect thereof, as the Central Government may, after consultation with State Governments concerned by order determine.
All sums payable by the Union to any State or by any State to any other State or to the Union by virtue of the provisions of this Part, or subsection (4) of section 72, or section 77, or Part VIII shall be charged on the Consolidated Fund of India, or as the case may be, the Consolidated Fund of the State by which such sums are payable:
Provided that where any sums are payable as aforesaid by the Union in relation to the transferred territory, the Central Government may by order direct that sums payable in respect of such liabilities may be specified therein shall be charged on the Consolidated
Fund of the Union territory of Himachal Pradesh.
(1) The following bodies corporate constituted for the existing State of Punjab, namely-
(a) the State Electricity Board constituted under the Electricity Supply Act, 1948 (54 of 1948), and
(b) the State Warehousing Corporation established under the Warehousing Corporation Act, 1962 (58 of 1962), shall, on and from the appointed day, continue to function in those areas in respect of which they were functioning immediately before that day subject to the provisions of this section and to such directions as may, from time to time, be issued by the Central Government.
(2) Any directions issued by the Central Government under subsection (1) in respect of the Board or the Corporation may include a direction that the Act under which the Board o
If it appears to the Central Government that the arrangement in regard to the generation or supply of electric power or the supply of water for any area or in regard to the execution of any project for such generation or supply has been or is likely to be modified to the disadvantage of that area by reason of the fact that it has been transferred by the provisions of Part II from the State in which the power stations and other installations for the generation and supply of such power, or the catchment area, reservoirs and other works for the supply of water, as the case may be, are located, the Central Government may give such directions as it deems fit, to the State Government or other authority concerned for the maintenance, so far as practicable, of the previous arrangement.
(1) The Punjab State Financial Corporation established under the State Financial Corporations Act, 1951 (63 of 1951), shall on and from the appointed day continue to function in those areas in respect of which it was functioning immediately before that day
subject to the provisions of this section and to such directions as may, from time to time, be issued by the Central Government.
(2) Any directions issued by the Central Government under subsection (1) in respect of the Corporation may include a direction that the said Act, in its application to the Corporation, shall have effect subject to such exceptions and modifications as may be specified in the
direction.
(3) Notwithstanding anything con
In the Multi-Unit Cooperative Societies Act, 1942, after section 5C, the following Section shall be inserted namely :-
"5D. Transitional provision relating to certain multi-unit cooperative societies.-(1) Where, in respect of any cooperative society specified in the Fifteenth Schedule to the Punjab Reorganisation Act, 1966, which under the provisions of sub-section (1) of section 5A would become a multi-unit co-operative society, the Board of Directors, adopts, by a majority of not less than three-fourths of the directors, any scheme for the reconstitution, reorganisation or dissolution of the society, including proposals regarding-
(a) the formation of new co-operative societies and the transfer thereto, in whole or in part, of the assets and liabilities and employees of that society; or
Notwithstanding anything contained in section 22 of the Banking Regulation Act, 1949 (10 of 1949), where on account of the reorganisation of the existing State of Punjab, a co-operative bank is newly formed on the appointed day or within three months thereof in any of the successor States, it may commence and conduct banking business without obtaining a license under that section from the Reserve Bank of India, until it is granted such a licence or until it is informed by the Reserve Bank of India that such a licence cannot be granted to it:
Provided that such bank applies to the Reserve Bank of India for such a licence within a period of three months from the date of formation of the Bank.
(1) Save as otherwise expressly provided by the foregoing provisions of this Part, where any body corporate constituted under a Central Act, S/ate Act or Provincial Act for the existing State of Punjab or any part thereof, serves the needs of the successor States or has,
by virtue of the provisions of Part II, become an inter-State body corporate, then, the body corporate shall, on and from the appointed day, continue to function and operate in those areas in respect of which it was functioning and operating immediately before that day,
subject to such directions as may from time to time be issued by the Central Government, until other provision is made by law in respect of the said body corporate.
(2) Any direction issued by the Central Go
(1) Notwithstanding anything contained in the foregoing provisions of this Part, each of the following companies, namely :-
(i) the Punjab Export Corporation ;
(ii) the Punjab State Small Industries Corporation ;
(iii) the Punjab Dairy Development Corporation ;
(iv) the Punjab Poultry Corporation ;
(v) the Land Development and Seed Corporation ;
(vi) the Industrial Development Corporation ; and
(vii) the Agro-Industrial Corporation ; shall, on and from the appointed day and until otherwise provided for in any law, or in any agreement among the successor States, or in any direction issued by the Central Govern
(1) Notwithstanding anything contained in section 63 of the Motor Vehicles Act, 1939 (4 of 1939), a permit granted by the State or a Regional Transport Authority in the existing State of Punjab shall, if such permit was. immediately before the appointed day, valid and effective in any area therein, be deemed to continue to be valid and effective in that area after that day subject to the provisions of that Act as the time being in force in that area and it shall not be necessary for any such permit to be countersigned by any State Regional Transport Authority for the purpose of validating it for use in such area :
Provided that the Central Government may, after consultation with the State Government or Governments concerned, add to, amend or vary the conditions attached to the permit by the authority by which the permit was granted.
&n
Where, on account of the reorganisation of the existing State of Punjab under the Act, any body corporate constituted under a Central Act, State Act or Provincial Act, any co-operative society registered under any law relating to co-operative societies or any commercial or industrial undertaking of that State is reconstituted or reorganised in any manner whatsoever or is amalgamated with any other body corporate, co-operative society or undertaking, or is dissolved and in consequence of such reconstitution, reorganisation, amalgamation or dissolution, any workman employed by such body corporate or any such co-operative society or undertaking, is transferred to, or re-employed by any other body corporate, or in any other co-operative society or undertaking then notwithstanding anything contained in section 25 F, 25FF or 25FFF of the Industrial Disputes Act,
Where the assets, rights and liabilities of any body corporate carrying on business are, under the provisions of this Part, transferred to any other body corporate which after the transfer carry on the same business, the losses or profits or gains sustained by the body corporate first-mentioned which, but for such transfer, would have been allowed to be carried forward and set off in accordance with the provisions of Chapter VI of the Income Tax Act, 1961 (43 of 1961), shall be apportioned amongst the transferee bodies corporate in accordance with the rules to be made by the Central Government in this behalf and, upon such apportionment, the share of loss allotted to each transferee body corporate shall be dealt with in accordance with the provisions of Chapter VI of the said Act as if the transferee body corporate had itself sustained such loss in a business carried on
(1) The Government of the State of Haryana or Punjab, or, as the case may be, the Central Government in relation to the transferred territory or the Union territory of Chandigarh, shall in respect of the institutions specified in the Sixteenth Schedule located in the State or Territory aforesaid continue to provide facilities to any other Government aforesaid and the people of the States and territories aforesaid which shall not in any respect, be less favourable to such Government and people than what were being provided to them before the appointed day for such period and upon such terms and conditions (including those relating to any contributions to be made for the provision of such facilities) as may be agreed upon between the said Government before the 1st day of April, 1967, or if no agreement is reached by the said date, as may be fixed by order of the Central Government.
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(l) Notwithstanding anything contained in this Act but subject to the provisions of sections 79 and 80, all rights and liabilities of the existing State of Punjab in relation to Bhakra-Nangal Project and Beas Project shall, on the appointed day, be the rights and
liabilities of the successor States in such proportion as may be fixed, and subject to such adjustments as may be made, by agreement entered into by the said States after consultation with the Central Government, or, if no such agreement is entered into within two years of the
appointed day, as the Central Government may by order determine having regard to the purposes of the projects:
Provided that the order so made by the Central Government may be varied
(1) The Central Government shall constitute a Board to be called the Bhakra Management Board for the administration, maintenance and operation of the following works, namely :-
(a) Bhakra Dam and Reservoir and Works appurtenant thereto;
(b) Nangal Dam and Nangal-Hydel Channel upto Kotla Power House;
(c) the irrigation headworks at Ropar, Harike and Ferozepur;
(d) Bhakra Power Houses :
Provided that the administration, maintenance and operation by the said Board of the generating units of the Right Bank Power House as have not been commissioned shall commence as and when any such unit has been commissioned;
(e) Ganguwal and Kotla Power H
(1) Notwithstanding anything contained in this Act or in any other law, the construction (including the completion of any work already commenced) of the Beas Project shall, on and from the appointed day, be undertaken by the Central Government on behalf of the successor States and the State of Rajasthan:
Provided that the Governments of the successor States and the State of Rajasthan shall at all times provide the necessary funds to the Central Government for the expenditure on the Project [including the expenses of the Board referred to in sub-section [(2)] and such amounts shall be apportioned among the successor States and the State of Rajasthan in such proportion as may be fixed by the Central Government after consultation with the Governments of the said States.
(1) In this section, the expression "State Cadre1-
(a) in relation to the Indian Administrative Service, has the meaning assigned to it in the Indian Administrative Service (Cadre) Rules, 1954; and
(b) in relation to the Indian Police Service, has the meaning assigned to it in the Indian Police Service (Cadre) Rules, 1954.
(2) In place of the cadres of the Indian Administrative Service and the Indian Police Service for the existing State of Punjab, there shall, on and from the appointed day, be two separate cadres, one for the State of Punjab and the other for the State of Haryana, in respect of
each of these Services.
(3) The initial strength and composition of each of the
(1) Every person who immediately before the appointed day is serving in connection with affairs of the existing State of Punjab shall, on and from that day, provisionally continue to serve in connection with the affairs of the State of Punjab unless he is required, by general or
special order of the Central Government, to serve provisionally in connection with the affairs of any other successor State.
(2) As soon as may be after the appointed day, the Central Government shall, by general or special order, determine the successor State to which every person referred to in sub-section (1) shall be finally allotted for service and the date with effect from which such allotment shall take effect or be deemed to have taken effect.
(3) Every person who is finally allot
Every person who immediately before the appointed day is holding or discharging the duties of any post or office in connection with the affairs of the existing State of Punjab in any area which on that day falls within any of the successor States shall continue to hold the same post or office in that successor State and shall be deemed, on and from that day, to have been duly appointed to the post or office by the Government of, or other appropriate authority in that successor State :
Provided that nothing in this section shall be deemed to prevent a competent authority on or after the appointed day from passing in relation to such person any order affecting his continuance in such post or office.
The Central Government may give such directions to the State Governments of Punjab and Haryana and to the Administrators of the Union territories of Himachal Pradesh and Chandigarh as may appear to it to be necessary for the purpose of giving effect to the foregoing provisions of this Part and the State Governments and the Administrators shall comply with such directions.
(1) The Public Service Commission for the existing State of Punjab shall, on and from the appointed day, cease to exist.
(2) The person holding office immediately before the appointed day as Chairman of the Public Service Commission for the existing State of Punjab shall become the Chairman of the Public Service Commission for the State of Haryana or Punjab as the President shall, by
order, specify and every other person holding office immediately before that day as member of that Commission shall become a member, or if so specified by the President, the Chairman, of such one of the said Commissions as the President shall, by order, specify.
(3) Every person who becomes the Chairman or other member of a Public Service Commission on the appoi
In clause (a), section 15 of the States Re-organisation Act, 1956,-
(a) for the word "Punjab", the words "Haryana, Punjab" shall be substituted ;
(b) for the words "and Himachal Pradesh", the words "Himachal Pradesh and Chandigarh" shall be substituted.
The Central Government may, by notification in the Official Gazette, extend with such restrictions or modifications as it thinks fit, to the Union territory of Chandigarh any enactment which is in force in a State at the date of the notification,
The provisions of Part II shall not be deemed to have effected any change in the territories to which any law in force immediately before the appointed day extends or applies, and territorial references in any such law to the State of Punjab shall, until otherwise provided by
a competent Legislature or other competent authority, be construed as meaning the territories within that State immediately before the appointed day.
For the purpose of facilitating the application in relation to the State of Punjab or Haryana or to the Union territory of Himachal Pradesh or Chandigarh of any law made before the appointed day, the appropriate Government may, before the expiration of two years from
that day, by order, make such adaptations and modifications of the law whether by way of repeal or amendment as may be necessary or expedient, and thereupon every such law shall have effect subject to the adaptations and modifications so made until altered, repealed or
amended by a competent Legislature or other competent authority.
Explanation.-In this section, the expression "appropriate Government" means-
(a) as respects any law relating to a matter enumerat
(1) Notwithstanding that no provision or insufficient provision has been made under section 89 for the adaptation of a law made before the appointed day, any court, tribunal or authority, required or empowered to enforce such law may, for the purpose of facilitating its application in relation to the State of Punjab or Haryana, or to the Union territory of Himachal Pradesh or Chandigarh construe the law in such manner, without affecting the substance, as may be necessary or proper in regard to the matter before the court, tribunal or authority.
(2) Any reference to the High Court of Punjab in any law shall, unless the context otherwise requires, be construed, on and from the appointed day, as a reference to the High Court of Punjab and Haryana.
The Central Government as respects the Union territory of Chandigarh or the transferred territory, and the Government of the State of Haryana as respects the territories thereof may, by notification in the Official Gazette, specify the authority, officer or person who, on and from the appointed day, shall be competent to exercise such functions exercisable under any law in force on that day as may be mentioned in that notification and such law shall have effect accordingly.
Where, immediately before the appointed day, the existing State of Punjab is a party to any legal proceedings with respect to any property, rights or liabilities subject to apportionment under this Act, the successor State which succeeds to, or acquires a share in, that property or those rights or liabilities by virtue of any provision of this Act shall be deemed to be substituted for the existing State of Punjab or added as a party to those proceedings, and the proceedings may continue accordingly.
(1) Every proceeding pending immediately before the appointed day before a court (other than a High Court), tribunal, authority or officer in any area which on that day falls within a State or Union territory shall, if it is a proceeding relating exclusively to the territories which as from that day are the territories of another State or Union territory, stand transferred to the corresponding court, tribunal, authority or officer in that an other State or Union territory, as the case may be.
(2) If any question arises as to whether any proceeding should stand transferred under sub-section (1), it shall be referred to the High Court having jurisdiction in respect of the area in which the court, tribunal, authority or officer before which or whom such proceeding
is pending on the appointed day, is
Any person who, immediately before the appointed day, is enrolled as a pleader entitled to practise in any subordinate courts in the existing State of Punjab shall, for a period of one year from that day, continue to be entitled to practise in those courts, notwithstanding that the whole or any part of the territories within the jurisdiction of those courts has been transferred to the State of Haryana or to a Union territory.
The provisions of this Act shall have effect notwithstanding anything inconsistent therewith ontained in any other law.
If any difficulty arises in giving effect to the provisions of this Act, the President may, by order, do anything not inconsistent with such provisions which appears to him to be necessary or expedient for the purpose of removing the difficulty.
(1) The Central Government may, by notification in the Official Gazette, make rules to give effect to the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-
(a) the procedure to be followed by the Bhakra Management Board and the Beas Construction Board for the conduct of business and for the proper functioning of the Boards and the manner of filling casual vacancies among the members of the said Boards;
(b) The salaries and allowances to be paid to the whole-time Chairman and whole-time members of the Bhakra Management Board;
(c) the salaries and allowances and other conditions of service
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