UTTAR PRADESH REORGANISATION ACT, 2000
This Act may be called the Uttar Pradesh Reorganisation Act, 2000.
In this Act, unless the context otherwise requires
(a) "appointed day" means the day which the Central Government may, by notification in the Official Gazette, 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 950; .
(d) "Election Commission" means the Election Commission appointed the President under Article 324;
(e) existing State of Uttar Pradesh "means the State of Uttar Pradesh as existing immediately before the appointed day;
(f) "law" includes any enactment, ordinance, regulation, order, bye-law
Pauri Garhwal, Tehri Garhwal, Uttar Kashi, Chamoli, Dehradun, Nainital, Almora, Pithoragarh, Udham Singh Nagar, Bageshwar, Champawat, Rudraprayag and Hardwar districts, and thereupon the said territories shall cease to form part of the existing State of Uttar Pradesh. .
State of Uttar Pradesh a d territorial divisions thereof- On and from the appointed day, the State "Of Uttar Pradesh shall comprise the territories of the existing State of Uttar Pradesh other than those specified in Section 3.
On and from the appointed day, in the First Schedule to the Constitution, under the heading" 1. THE STATES"
(a) in the paragraph relating to the territories of the State of Utter Pradesh, after the words, brackets and figures "clause (a) of sub-section (1) of Section 3 of the Bihar and Uttar Pradesh (Alteration of Boundaries) Act, 1968" , the following shall be inserted, namely:
"and the territories specified in Section 3 of the Uttar Pradesh Reorganisation Act, 2000";
(b) after entry 26, the following entry shall be inserted, namely:
"27. Uttaranchal: The territories specified in Section 3 of the Uttar Pradesh Reorganisation Act, 2000,"
Nothing in the foregoing provisions of this Part shall be deemed to affect the power of the Government of Uttar Pradesh of Uttaranchal to alter, after the appointed day, the name, area, of boundaries or any district or other territorial division in the State.
On and from the appointed day, in the Fourth Schedule to the Constitution, in the Table
(a) entries 17. to 28 shall be remembered as entries 18 to 29 respectively;
(b) in entry 16, for the figures "34", the figures "3 1" shall be substituted;
(c) after entry 16, the following entry shall be inserted, namely:
"17. Uttaranchal ............... 3".
(1) On and from the appointed day, thirty-four sitting members of the Council of States representing the existing State of Uttar Pradesh shall be deemed to have been elected to fill the seats allotted to the States of Uttar Pradesh and Uttaranchal, as specified in the First Schedule to this Act.
(2) The term of office of such sitting members shall remain unaltered. The House of the People
On and from the appointed day there shall be allocated 80 seats to the successor State of Uttar Pradesh, and 5 to the successor State of Uttaranchal, in the House of the People, and the First Schedule to the Representation of the People Aqt. 1950 shall be deemed to be amended accordingly.
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.
(I) 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 Uttar Pradesh or Uttaranchal, 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.
The Legislative Assembly
(1) The number of seats as on the appointed day in the Legislative Assemblies of the States of Uttar Pradesh and Uttaranchal shall be four hundred and three and seventy respectively.
(2) I n the Second Schedule to the Representation of the People Act, 1950.
under heading "I States"
(a) entries 25 and 26 shall be renumberd as entries 26 and 27 respectively; .
(b) after entry 24, the following entry shall be inserted, namely:.
"25. Uttaranchal ................ 70";
(c) in entry 26 as so renumbered, for the figures "425", the figures "403" shall be substituted.
(1) Every sitting member of the Legislative Assembly of the existing State of Uttar Pradesh 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 Uttaranchal shall, on and from that day, cease to be a member of the Legislative Assembly of Uttar Pradesh and shall be deemed to have been elected to fill a seat in the provisional Legislative Assembly of Uttaranchal from that constituency as so allotted.
(2) All other sitting members of the Legislative Assembly of the existing State of Uttar Pradesh shall consume 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 ha
(I) On and from the appointed day and until the Legislative Assembly of the successor State of Uttaranchal has been duly constituted and summoned to meet for the first session under the provisions of the Constitution, a provisional Legislative Assembly of the State of Uttaranchal, consisting of the twenty-two sitting members of the Legislative Assembly and nine members of the Legislative Council of the existing State of Uttar Pradesh representing the Assembly constituencies or Council constituencies of the territories transferred by virtue of the provision of . Section 3 shall be constituted.
(2) The provisional Legislative Assembly of the State of Uttaranchal shall exercise all the powers and perform all the duties conferred by the provisions of the Constitution on the Legislative Assembly of that State.
(3) The term of office of the members of the provisional Legislative Assem
The period of five years referred to in clause (1) of Article 172 shall, in the case of the Legislative Assembly of the State of Uttar Pradesh, be deemed to have commenced on the date on which it actually commenced in the case of the Legislative Assembly of the existing State of Uttar Pradesh.
(1) The person who immediately before the appointed day are the Speaker and Deputy Speaker of the Legislative Assembly of the existing State of Uttar Pradesh 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 provisional Legislative Assembly of the successor State of Uttaranchal 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.
The rules of procedure and conduct of business of the Legislative Assembly of Uttar Pradesh as in force immediately before the appointed day shall, until rules are made under Clause (I) of Article 208, be the rules of procedure and conduct of business of the Legislative Assembly of Uttaranchal, subject to such modifications and adaptations as may be made therein by the Speaker thereof.
The Legislative Council of Uttar Pradesh
On and from the appointed day there shall be ninety-nine seats in the Legislative Council of Uttar Pradesh, and in the Third Schedule to the Representation of the People Act, 1950, for the existing entry 8, the following entry shall be substituted, namely:
"8, Uttar Pradesh .....99, 36, 8 8 37 10".
On and from the appointed day, the Delimitation of the Council Constituencies (Uttar Pradesh) Order, 1951 shall stand amended as directed in the Third Schedule.
(I) On and from the appointed day, the sitting members of the Legislative Council of the existing State of Uttar Pradesh specified in the Fourth Schedule to this Act shall cease to be members of that Council and shall be deemed to be the members of the provisional Legislative Assembly.
(2) On and from the appointed day, all sitting members of the Legislative Council of the existing State of Uttar Pradesh other than those referred to in sub-section (1) shall continue to be members of that Council.
(3) The tem1 of office of the members referred 10 in sub-section (2) shall remain unaltered.
The person who immediately before the appointed day is the Deputy Chairman of the Legislative Council of the existing State of Uttar Pradesh shall continue to be the Deputy Chairman, on and from that day of that Council.
Delimitation of constituencies
(I) For the purpose of given 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 Uttar Pradesh and Uttaranchal 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 decryption of the extent of the parliamentary constituencies in each State referred to in clause (a) that may be necessary or expedient.
&n
(I) The Election Commission may, from time to time, by notification in the Official Gazette,
(a) correct an;, printing mistakes in any order made under Section 22 or any error arising there in from inadvertent slip or omission; -and
(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. Scheduled Castes and Scheduled Tribes
On and from the appointed day, the Constitution (Scheduled Castes) Order, 1950, shall stand amended as directed in the Fifth Schedule to this Act.
On and from the appointed day, the Constitution (Scheduled Tribes) Order, 1950, shall stand amended as directed in the Sixth Schedule to this Act.
(1) As from the appointed day, there shall be a separate High Court for the the State of Uttaranchal (hereinafter referred to as tithe High Court of Uttaranchal) and the High Court of Judicature at Allahabad shall become the High Court for the State of Uttar Pradesh (hereinafter referred to as the High Court at Allahabad).
(2) The principal seat of the High Court of Uttaranchal shall be at such place as the President may, by notified order, appoint.
(3) Notwithstanding anything contained in sub-section (2), the Judges and d:\ision courts of the High Court of Uttaranchal may sit at such other place or places in the State of Uttaranchal other than its principal seat this the chief Justice may, with the approval of the Governor of Uttaranchal, appoint.
(I) Such of the Judges of the High Court at Allahabad 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 Allahabad and become Judges of the High Court of Uttaranchal.
(2) The persons who by virtue of subsection (I) become Judges of the High Court of Uttaranchal 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 appointments as Judges of the High Court at Allahabad.
The High Court of Uttaranchal shall have, in respect of any part of the territories included in the State of Uttaranchal, all such jurisdiction, powers and authority 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 Allahabad.
(I) On and from the appointed day, in the Advocates Act, 1961, in Section 3, in sub-section (I), in clause (a), for the words "and Uttar Pradesh", the words "Uttar Pradesh and Uttaranchal" shall be substituted.
(2) Any person who immediately before the appointed day is an advocate on the roll of the Bar Council of the existing State of Uttar Pradesh 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 Uttaranchal 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 Uttaranchal with effect from the date of the option so given for the purposes of the said Act and the rules made there under.
&n
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 Allahabad shall, with the necessary modifications, apply in relation to the High Court of Uttaranchal, and accordingly, the high Court of Uttaranchal shall have all such powers to make rules and order with respect to practice and procedure as are I immediately before the appointed day exercisable by the High Court at Allahabad:
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 Allahabad shall until varied or revoked by rules or orders made by the High Court of Uttaranchal, apply with the necessary modifications in relation to practice and procedure in the High Court of Uttaranchal as if made by that Court.
The law in force immediately before the appointed day with respect to the custody of the seal of the High Court at Allahabad shall, with the necessary modifications, apply with respect to the custody of the seal of the High Court of Uttaranchal.
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 at Allahabad shall, with the necessary.
modifications, apply with respect to the form of writs and other proccsse~ used, issued or a awarded by the High Court of Uttaranchal.
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 at Allahabad 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 Uttaranchal.
The law in force immediately before the appointed day relating to appeals to the. Supreme Court from the High Court at Allahabad and the Judges and division courts thereof shall, with the necessary modifications,(apply in relation to the High court of Uttaranchal.
(I) Except as hereinafter provided, the High Court at Allahabad shall, as from the appointed day, have no jurisdiction in respect of the transferred territory .
(2) Such proceedings pending in the High Court at Allahabad 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 Uttaranchal shall, as soon as may be after such certification, be transferred to the High Court of Uttaranchal.
(3) Notwithstanding anything contained in sub-sections (I) and (2) of this section or in Section 28, but save as hereinafter provided, the High Court at Allahabad shall have, and the High Court of Uttaranchal shall not have,
Any person who, immediately before the appointed day, is an advocate entitled to practice or any other persons entitled to practice in the High Court at Allahabad and was authorised to appear in any proceedings transferred from that High Court to the High Court of Uttaranchal under Section 35, shall have the right to appear in the Court of Uttaranchal in relation to those proceedings.
(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, judgment or decree passed or made by that court or Judge.
Nothing in this Part shall affect the application to the High Court of Uttaranchal of any provisions of the Constitution, and this Part shall have effect subject to any provision that may be made 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 Uttar Pradesh may, at any time before the appointed day, authorise such expenditure from the Consolidated Fund of the State of Uttaranchal as he deems necessary for any period not more than six months beginning with the appointed day pending the sanction of such expenditure by the Legislative Assembly of the State of Uttaranchal:
Provided that the Governor of Uttaranchal may, after the appointed day, authorise such further expenditure as he deems necessary from the Consolidated Fund of the State of Uttaranchal for any period not extending beyond the said period of six months.
(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 Uttar Pradesh in/respect of any period prior to the appointed day-shall be submitted
to the Governor of each of the successor State of Uttar Pradesh and Uttaranchal who shall cause them to be laid before the Legislature of that State.
(2) The President may by order(a) declare any expenditure incurred out of the Consolidated Fund of Uttar Pardesh on any service in respect of any period prior to the appointed day during the financial year pt in respect of any earlier financial year in exces 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)
The President shall, by order, determine the sbare of the States of Uttar Pradesh and Uttaranchal in its total amount payable to the existing State of Uttar Pradesh on the recommendation of the Finance Commission constituted under Article 280 in such manner as he thinks fit.
(I) The provisions of this Part shall apply in relation to the apportionment of the assets and liabilities of the existing State of Uttar Pradesh immediately before the appointed day.
(2) The successor States shall be entitled to receive benefits arising out of the decisions taken by the predecessor State and the successor States shall be liable to bear the financial liabilities arising out of the decisions taken by the existing State of Uttar Pradesh.
(3) The apportionment of assets and liabilities would be subject to such financial adjustment as may be necessary to secure just, reasonable and equitable apportionment of the assets and liabilities amongst the successor States.
(4) Any dispute regarding the amount of financial assets and liabilities shall be settled through mutual agreement, f
(I) Subject to the other provisions of this part, all land and all stores, articles and other goods belonging to the existing State of Uttar Pradesh shall
(a) if within the transferred territory, pass to the State of Uttaranchal; or
(b) in any other case, remain the property of the State of Uttar Pradesh: ,
Provided that where the Central Government is of opinion that any goods or class of goods should be distributed among the States of Uttar Pradesh and Uttaranchal, otherwise than according to the situation of the goods, the Central Government may issue such directions as it thinks fit for a just and equitable distribution of the goods and the goods shall pass to the successor States accordingly:
Provided further that in case of any dispute relat
The total of the cash balances in all treasuries of the State of Uttar Pradesh and the credit balances of the 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 States of Uttar Pradesh and Uttaranchal according to the population ratio:
Provided that for the purposes of such division, there shall be no transfer of cash balances from any treasury to any other treasury and the apportionment shall be effected by adjusting the credit balances of the two States in the books of the Reserve Bank of India on the appointed day:
Provided further that if the State of Uttaranchal has no account on the appointed day with the Reserve Bank of India, the adjustment shall be made in such manner as the Central Government may, by order, direct.
The right to recover arrears of the tax or duty on property, including arrears of land revenue, shall belong to the successor State in which 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 on the appointed day.
(I) The right of the existing State of Uttar Pradesh to recover any loans or advances made before the appointed day to any local body, society, agriculturist or other per-son in an area within that State shall belong to the successor State in which that area is included on that day.
(2) The right of the existing State of Uttar Pradesh to recover any loans or advances made before the appointed day to any person or institution outside that State shall belong to the State of Uttar Pradesh:
Provided that any sum recovered in respect of any loan or advance shall be divided between the States of Uttar Pradesh and Uttaranchal according to the population ratio.
(I) The securities held in respect of the investment made from Cash Balances Investment Account or from any fund in the Public Account of the existing State of Uttar Pradesh as specified in the Seventh Schedule shall be apportioned in the ratio of population of the successor States:
Provided that the securities held in investments made from the Calamity Relief Fund of the existing State of Uttar Pradesh shall be divided in the ratio of the area of the territories occupied by the successor States:
Provided further that the balance in the Reserve Funds in the Public Account of Uttar Pradesh created wholly out of appropriations from the Consolidated Fund of the existing State of Uttar Pradesh, to the extent the balances have not been invested outside Government account, shall not be carried forward to similar Reserve Funds in the Publice Ac
(I) The assets and liabilities relating to any commercial or industrial undertaking of the State of Uttar Pradesh shall pass to the State in which the undertaking is located. ,
(2) Where a depreciation reserve fund is maintained by the State of Uttar Pradesh for any such commercial or industrial undertaking, the securities held in respect of investments made from that fund shall pass to the State in which the undertaking is located.
(I) All liabilities on account of Public Debt an Public Account of the existing State of Uttar Pradesh outstanding I immediately before the appointed day shall be apportioned in the ratio of population of the successor States unless a different mode of apportionment is provided under the provisions of this Act.
(2) The individual items of liabilities to be allocated to the successor States and the amount of contribution required to be made by one successor State to another shall be such as may be ordered by the Central Government in consultation with the Comptroller and Auditor-General of India:
Provided that till such orders are issued, the liabilities on account of Public Debt and Public Account of the existing State of Uttar Pradesh shall continue to be the liabilities of the successor State of Uttar Pradesh.
&nbs
The inability of the State of Uttar Pradesh in respect of any floating loan to provide short-term finance to any commercial undertaking shall be the liability of the State in whose territories the undertaking is located.
The liability of the existing State of Uttar Pradesh to refund any tax or duty on property, including land revenue, collected in excess shall be the liability of the succession- State in whose territories the property is situated, and the liability of the existing State of Uttar Pradesh 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 or duty is included.
(1) The liability of the existing State of Uttar Pradesh in respect of any civil deposit or local fund deposit shall, as from the appointed day, be the liability of the State in whose area the deposit has been made.
(2) The liability of the existing State of Uttar Pradesh in respect of any charitable or other endowment shall, as from the appointed day, be the liability of the State in whose area the institution entitled to the benefit of the endowment is located or of the State to which the objects of the endowment, under the terms thereof, are confined.
The liability of the existing state of Uttar Pradesh in respect of the provident fund account of a Government servant in service on the appointed day shall, as from that day, be the liability of the State to which that Government servant is permanently allotted.
The liability of the existing State of Uttar Pradesh in respect of the pensions shall pass to, or be apportioned between, the successor States of Uttar Pradesh and Uttaranchal in accordance with the provisions contained in the Eighth Schedule to this Act.
(1) Where, before the appointed day, the existing State of Uttar Pradesh has made any contract in the exercise of its executive power for any purposes of the State, that contract shall be deemed to have been made in the exercise of the executive power
(a) if the purpose of the contract are, on and from the appointed day, exclusive purposes of either of the successor States of Uttar· Pradesh and Uttaranchal; and
(b) in any other case, of the State of Uttar Pradesh, and all right 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 of Uttar Pradesh, be rights or liabilities of the State of Uttaranchal or the State of Uttar Pradesh, as the case may be;
Provided that in any such ca
Where, immediately before the appointed day, the existing State of Uttar Pradesh is subject to any liability in respect of any actionable wrong other than breach of contract, that liability shall-
(a) if the cause of action arose wholly within the territories which, as from that day, are the territories of either of the successor States of Uttar Pradesh or Uttaranchal, be a liability of the successor State; and
(b) in any other case, be initially a liability of the State, of Uttar Pradesh, but subject to such financial adjustment as may be agreed upon between the States of Uttar Pradesh and Uttaranchal or, in default of such agreement, as the Central Government may, by order, direct.
Where, immediately before the appointed day, the existing State of Uttar Pradesh is liable as guarantor in respect of any liability of a registered cooperative society or other person, that liability of the existing State of Uttar Pradesh shall
(a) if the area of operations of such society or person is limited to the territories which, as from that day, are the territories of either of the States of Uttar Pradesh or Uttaranchal, be a liability of that successor State; and
(b) in any other case, be initially a liability of the State, of Uttar Pradesh, subject to such financial adjustment as may be agreed upon between the States of Uttar Pradesh and Uttaranchal or, in default of such agreements, as the Central Government may, by order, direct.
If any item in suspense is ultimately found as 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 asset or liability of the existing State of Uttar Pradesh not dealt with in the foregoing provisions of this Part shall pass to the State of Uttar Pradesh in the first instance, subject to such financial adjustment as may be agreed upon between the States of Uttar Pradesh and Uttaranchal or, in default of such agreement, as the Central Government may, by order, direct.
Where the successor States of Uttar Pradesh and Uttaranchal 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, not withstanding 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 of Uttar Pradesh and Uttaranchal becomes entitled to any property or obtains any benefits 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 either of the States, that it is just and equitable that property or those benefits should be transferred to, or shared with, the other successor State, or that a contribution towards that liability should be made by the other successor State, the said property or benefits shall be allocated in such manner between the two States, or the other State shall make to the State subject to the liability such contribution in respect thereof, as the Central Government may, after consultation with the two State Governments, by order, determine.
A II sums payable either by the State of Uttar Pradesh or by the State of Uttaranchal to the other States or by the Central Government to either of those States, by virtue of the provisions of this Act, shall be charged on the Consolidated Fund of the State by which such sums are payable or, as the case may be, the Consolidated Fund of India.
(I) The following bodies corporate constituted for the existing State of Uttar Pradesh, namely:-
(a) the Uttar Pradesh Power Corporation Limited, the Uttar Pradesh Jal Vidyut Nigam Limited and the Uttar Pradesh Rajya Vidut Utpadan Nigam Limited;
(b) the Uttar Pradesh Electricity Regulatory Commission; and
(c) the State Warehousing Corporation established under the Warehousing Corporations 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 i
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 is, by virtue of the provisions of Part If, outside the State in which the power stations and other installations for the generation and supply of such power, or the catchments area, reservoirs and other works for the supply of water, as the case may be, are located, the Central Government may, after consultation with the Government of each successor States wherever necessary, give such directions as it deems proper to the State Government or other authority concerned for the maintenance, so far as practicable, of the previous arrangement.
(I) The Uttar Pradesh State Financial Corporation established under the State Financial Corporations Act, 195 I (63 of 195 I) 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 sub-section (I) 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 container in sub-section (I) or sub-section (2), the Board of Directors of the Corporation may, with the previous approval of the Centra
(I) Notwithstanding anything contained in the foregoing provisions of this Part, each of the companies specified in the Ninth Schedule to this Act 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 Government, continue to function in the areas in which was functioning immediately before that day; and the Central Government may from time to time issue such directions in relation to such functioning as it may deem fit, notwithstanding anything to the contrary contained in the Companies Act, 1956 (I of 1956), or in any other law.
(2) Any directions issued under sub-section (l) in respect of a company referred to in the sub-section, may include direction
(a) regarding the division of the interests and shares of existing S
(I) Save as otherwise expressly provided by the foregoing provisions of this Part, where any body corporate constituted under a Central Act, State Act or Provincial Act for the existing State of Uttar Pradesh or any part thereof 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 lid body corporate.
(2) Any directions issued by the Central Government under sub-section (l) in respect of any such body corporate shall include a direction that any law by which the said body corporate is governed shall, in its application t
Temporay provisions as to continuance of certain existing road transport permits- (l) Notwithstanding anything contained in Section 89 of the Motor Vehicles Act, 1988 (59 of 1988), a permit granted by the State Transport Authority of the existing State of Uttar Pradesh or any Régime Transport Authority in that State shall, if such -permit was, immediately before the appointed day, valid and effective in any area in the transferred territory, be deemed to continue to be valid and effective in that area after that day subject to the provisions of that Act as for the time being in force in that area; and it shall not be necessary for any such permit to be countersigned by the State Transport Authority of Uttaranchal or any Regional Transfer Authority therein for the purpose of vacating it for use in such area:
Provided that the Central Government may, after consultation With the succ
Where on account of the reorganisation of the existing State of Uttar Pradesh under this Act, any body corporate constituted :under a Central Act, State Act or Provincial Act, any cooperative society registered under any law relating to cooperative societies or any commercial or industrial undertaking of that State is reconstituted or reoganised in any manner whatsoever or is amalgamation with any other body corporate, co-operative society or undertaking, or is dissolved, and in consequence of such reconstitution, reorganisation, amalgamated or dissolution, any workman employed by such body corporate or in any such co-operative society or -undertaking, is transferred to, or reemployed by, any other body corporate, or in any other co-operative society or undertaking, then, notwithstanding anything contained in Section 25-F or Section 25-FF or Section 25-FFF of the Industrial Disputes Act, 1947 (I4 of 1947), such transfer or re
Where the assets, rights and liabilities of Amy body corporate carrying on business are, under the provisions of this Part, transferred to any other bodies corporate which after the transfer carryon the same business, the losses or profits of 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 196 I), 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 by it in the years in which these losses were sustained.
(1) The Government of State of Uttar Pradesh or Uttaranchal, as the case may be, shall, in respect of the institutions specified in the Tenth Schedule to this Act, located in that State, continue to provide facilities to the people of the other State which shall not, in any respect, be less favorable to such people than what were being provided to them before the appointed day, for such period and upon such terms and conditions as may be agreed upon between the two State Governments before the 1st day of December, 2001 or if no agreement is reached by the said date as may be fixed by order of the Central Government.
(2) The Central Government may, at any time before the 1st December, 2001, by notification in the Official Gazette, specify in the Tenth Schedule referred to in subsection (1) any other institution existing on the appointed day in the States of Uttar Pradesh and Uttaranchal and on the issue of such notification
(1) In this section, the expression "State Cadre"
(a) in relation to the Indian Adam instructive Service, has the meaning assigned to it in the Indian Administrative Service (Cadre) Rules, 1954;
(b) in relation to the Indian Police Service, has the meaning assigned to it in the Indian Police Service (Cadre) Rules, 1954; and
(c) in relation to the Indian Forest Service, has the meaning assigned to it in the Indian Forest Service (Cadre) Rules, 1966.
(2) In place of the cadres of the Indian Administrative Service, Indian Police Service and Indian Forest Service for the existing State of Uttar Pradesh, there shall, on and from the appointed day, be two separate cadres, one for the State of Uttar Pradesh and the other for the State· of Uttaranchal in r
(I) Every person who immediately before the appointed day is serving in connection with the affairs of the existing State of Uttar Pradesh shall, on and from that day provisionally continue to serve in coactions with the affairs of the State of Uttar Pradesh unless he is required, by general or special order of the Central Government to serve provisionally in connection with the affairs of the State of Uttaranchal:
Provided that every direction under this sub-section issued after the expiry of a period of one year from the appointed day shall be issued with the consultation of the Governments of the successor States.
(2) As soon as may be after the appointed day, the Central Government shall, by general of special order, determine the successor State to which every person referred to in sub-section (1) shall be finally allotted for servi
(1) Nothing in this section or in Section 73 shall be deemed to affect on or after the appointed day, the operation of the provisions of Chapter I of Part XIV of the Constitution in relation to determination of the conditions of service of persons serving in connection with the affairs of the Union or any State:
Provided that the conditions of service applicable immediately before the appointed day in the case of any person deemed to have been allocated to the State of Uttar Pradesh or to the State of Uttaranchal under Section 73 shall not be varied to his disadvantage except with the previous approval of the Central Government.
(2) All services prior to the appointed day rendered by a person
(a) if he is deemed to have been allocated to any State under Section 73, shall be deemed to have been
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 Uttar Pradesh 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 any other appropriate authority in that successor State:
Provided that nothing in this section shall be deemed to prevent a competent authority, on and from the appointed day, from passing in relation to such person any order affecting the continuance in such post or office.
The Central Government may, by order, establish one or more Advisory Committees for the purpose of assisting it in regard to
(a) the discharge of any of its functions under this Part; and
(b) the ensuring of fair and equitable treatment to all persons affected by the provisions of this Part and the proper consideration of any representations made by such persons.
The Coral Government may give such directions to the State Government of Uttar Pradesh and the State Government of Uttaranchal as may appear to it be necessary for the purpose of giving effect to the foregoing provisions of this Part and the State Government shall comply with such directions.
(I) The Public Service Commission for the existing State of Uttar Pradesh shall, on and from the appointed day, be the Public Service Commission for the State of Uttar Pradesh.
(2) The persons holding office immediately before the appointed day as the Chairman or other member of the Public Service Commission for the existing State of Uttar Pradesh shall, as from the appointed day, be the Chairman or, as the case may be, the other member of the Public Service. Commission for the State of Uttar Pradesh.
(3) Every person who becomes the Chairman or other member of the Public Service Commission for the State of Uttar Pradesh on the appointed day under subsection (2), shall
(a) be entitled to receive from the Government of the State of Uttar Pradesh conditions of service not less favorable than tho
(I) Notwithstanding anything contained in this Act but subject to the provisions of Section 80, all rights and liabilities of the existing State of Uttar Pradesh in respect of water resource projects in relation to
(i) Ganga and its tributaries traversing the successor States excluding the Upper Yamuna River up to Okhla;
and
(ii) Upper Yamuna River and its tributaries up to Okhla, 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 year$ of the appointed day, then, the Central Government may, by order, determine within one year having re
(I) The Central Government shall constitute a Board to be called the Ganga Management Board (hereinafter referred to as the Board) for administration, construction, maintenance and operation of projects referred to in subsection (I) of Section 79 for any or for a combination of the following purposes, namely:
(i) irrigation;
(ii) rural and urban water supply;
(iii) hydro power generation;
(iv) navigation;
(v) industries; and
(vi) for any other purpose which the Central Government may, by notification in the Official Gazette, specify.
(2) The Board shall consist of
(a) a
(I) The Board may employ Staff, as it may consider necessary for the efficient discharge of its functions under this Act. Such staff shall at the first instance, be appointed on deputation from the successor State failing which through any other method:
Provided that every person who, immediately before the constitution of the said Board, was engaged in the construction, maintenance or operation of the works relating to the projects referred to in clause (i) of sub-section (I) of Section 79 shall continue to be so employed under the Board in commotion with the said works on the same terms and conditions of service as were applicable to him before such constitution until the Central Government, by order, directs otherwise:
Provided further that the said Board may, in consultation with the Government of the Successor State or the Electrici
(I) The Board shall, ordinarily exercise jurisdiction in regard to any of the projects referred to in clause (i) of sub-section (I) of Section 79 over headworks (barrages, dams, reserves, regulating structures), part of canal network and transmission lines necessary to deliver water or power to the States concerned.
(2) If any question arises as to whether the Board has jurisdiction under sub-section (I) over any project referred thereto, the same shall be referred to the Central Government for decision thereon.
The Board may make regulations, consistent with the Act and the rules made thereunder, to provide for(a) regulating the time and place of meetings of the Board and the procedure to be followed for the transaction of business at such meetings;
(b) delegation of powers and duties of the Chairman or any officer of the Board;
(c) the appointment and regulation of the conditions of service of the officers and other staff of the Board;
(d) any other matter for which regulations are considered necessary by the Board.
(I) The utilisable water resources of the Yamuna River up to Okhla, as allocated, before the appointed day, to the existing State of Uttar Pradesh under the Memorandum of Undertakings, dated the 12th May, 1994 shall be further allocated between the successor States by mutual agreement within a period of two years, failing which, the Central Government shall, by order, determine the allocation of such water resource between the successor States within a further period of one year.
(2) The State of Uttaranchal shall, on the appointed day, be inducted as a member of the Upper Yamuna Borad constituted for the implementation of the Memorandum of Undertaking referred to in sub-section (1),
On and from the appointed day, in Section 15 of the States Reorganisation Act, 1956, in clause (b), for the words "Uttar Pradesh and Madhya Pradesh", the words "Uttar Pradesh, Uttaranchal and Mahdya Pradesh" shall be substituted,
The provisions of Part II shall not be deemed to have affected any change in the territories to which the Uttar _Pradesh Imposition of Ceiling of Land Holding Act, 1961 and any other law in force immediately before the appointed day, extends or applies, and territorial references in any such law to the State of Uttar Pradesh shall, until otherwise provided by a competent Legislature or other competent authority be construed as meaning the territories within the existed State of Uttar Pradesh before the appointed day,
For the purpose of facilitating the application in relation to the State of Uttar Pradesh or Uttaranchal 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 of other competent authority.
Explanation- In this section, he expression "appropriate Government" means as respects any law relating to a matter enumerated in the Union List, the Central Government, and as respects any other law in its application to a State, the State Government.
Notwithstanding that no provision or insufficient provision has been made under Section 87 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 Uttar Pradesh or Uttaranchal, 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.
The Government of the State of Uttaranchal, as respects the transferred territory may, by notification in the Official Gazette, specify the authority, officer or person who, on or after the appointed day, shall be competent 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 Uttar Pradesh is a party to any legal proceedings with respect to any property, lights or liabilities subject to apportionment between the State of Uttar Pradesh and Uttaranchal under this Act, the State of Uttar Pradesh or Uttaranchal which succeeds to, or acquires a share in, that report or those rights or liabilities by virtue of ally provision of this Act shall be deemed to be substituted for the existing State of Uttar Pradesh or added as a party to those proceedings, and the proceedings may continue accordingly.
(I) Every proceeding pending immediately before the appointed day before a court (other than High Court), tribunal, authority or officer in any area which on that day falls within the State of Uttar Pradesh shall, if it is a proceeding relating exclusively to the territory, which as from that day arc the territories of Uttaranchal State, stand transferred to the corresponding court, tribunal, authority or officer of that State,
(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 at Allahabad and the decision of that High Court shall be final.
(3) In this section.
(a) "proceeding" includes any suit, case or appeal; and
(b) "corresponding court, tribunal autho
Any person who, immediately before the appointed day, is enrolled as a pleader entitled to practice in any subordinate courts in the existing State of Uttar Pradesh shall, for a period of one year from that day, continue to be entitled to practice 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 Uttaranchal.
The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law.
(I) 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:
Provided that no such order shall be made after the expiry of a period of three years from year appointed day.
(2) Every order made under this section shall be laid before each Houses of Parliament.
(i) Of the eleven sitting members whose term of office will expire in November, 2002, namely, Shri Narendra Mohan, Shri Raj Nath Singh, Shri Chaudhary Chunni Lal, Shri Devi Prasad Singh, Shri Manohar Kant Dhyani, Shri Amar Singh, Shri Mohammad Azam Khan, Shri R.N. Arya, Shri Gandhi Azad, Shri Akhilesh Das Shri Balwant Singh Ramoowalia, shall be deemed to have been elected to fill one seat out of the three seats allocated in the Council of State to the State of Uttaranchal and the other ten sitting members shall be deemed to have been elected to fill ten of the seats allotted to the State of Uttar Pradesh.
(ii) Of the twelve sitting members whose term of office will expire in July, 2004, namely, Shri Arun Shourie, Shri T.N. Chaturvedi, Shri B.P. Singhal, Shri Dharam Pal Yadav, Shri DecMa Nath Mishra, Shri Ran Gopal Yadav, Shri Kanshi Ram, Shri Sangh Priya Gautam, Shri Munavvar Hasan
In the Delimitation of Parliamentary and Assembly Constituency Order 1976I. In Schedule XXII
(i) in PART A- Parliamentary Constancies
(a) serial numbers 1,2,3,4, and 85· and entries relating thereto shall be omitted;
(b) in serial number 12 at the end, the following figures and word shall be inserted, namely:"56-Baheri";
(c) in serial number 82 at the end, the following figures, and word shall be inserted, namely:"416-Deoband";
(d) in serial number 84 at the end, the following figures, brackets and letters shall be inserted, namely :"415-Nagal (SC)" .
(ii) in PART B-Assembly Constituencies, serial numbers to 16 (both inclusive) and 420 to 425 (both inclusive)
For the table appended to the Delimitation of Council Constituencies (Uttar Pradesh) Order, 1951, the following table shall be substituted namely :-
"TABLE"
Name of Constituency Extent of Constituency Number of Seats 3
1 2 3
Gradiates Constituencies
1. Bareilly- Moradabad Bareily, Pilibhit, Shahjahanpur 1
Division Graduates Badaun, Rampur, Moradabad,
Jyotibaphule Nagar And
Bijnor districts.
2. Lucknow Division Lucknow, Hardoi, Kheri, Sitapur 1
Grad
List of members of the Legislative Council of Uttar Pradesh who shall cease to such members on the appointed day and deemed to be the members of the provisional Legislative Assembly :-
Assembly :-
1. Shri Nitya .Nand Swami,
2. Dr. (Smt.) Indira Hridayesh.
3. Shri Narayan Singh Rana.
4. Shri Tirath Singh Rawat.
5. Shri Sri Prakash Pant.
6. Smt. nirupama Gaur;
7. Shri Bhagat Singh Koshiyari.
8. Shir Isham Singh.
In the Constitution (Scheduled Castes) Order, 1950
(a) in paragraph 2, for the figures "XXI1I" the figures "XXIV" shall be substituted;
(b) in the Schedule, after Part XXIII, the following shall be inserted, namely :
"PART XXIV -Uttaranchal"
1. Agariya
2. Badhik
3. Badi
4. Baheliya
5. Baiga
6. Baiswar
7. Bajaniya
8. Bajgi
9. Balhar
10. Balai
&n
In the Constitution (Scheduled Tribes) Order, 1950(I) in paragraph 2, for the figures "XX", the figures "XXI" shall be substituted;
(2) in the Schedule, after Part XX, the following Part shall be inserted, namely:
"PART XXI-Uttaranchal"
1. Bhotia, 2. Buksa, 3. Jannsari,
4. Raji, 5. Tharu.
LIST OF FUNDS
1. Depreciation Reserve Fund Irrigation.
2. Depreciation Reserve fund Government Press.
3. Depreciation Reserve Fund Precision Instrument Factory.
4. Rural Development Fund.
5. Famine Relief Fund.
6. Sugar Reasearch and Labour Housing Management Fund.
7. Zamindari Abolition Fund.
8. U.P. Road Fund.
9. Hospital Fund.
10. Teachers Gratuity Fund.
II. State Bridge Fund.
12. General Insu
1. Subject to the adjustments mentioned in paragraph 3, each of the successor States shall, in respect of pensions granted before the appointed day by the existing State of Uttar Pradesh, pay the pensions drawn in its treasuries.
2. Subject to the said adjustments, the liability in respect of pensions of officers serving in connection with the affairs of the existing State of Uttar Pradesh who retire or proceed on leave preparatory to retirement before the appointed day, but whose claims for pensions are outstanding immediately before that day, shall be the liability of the State of Uttar Pradesh.
3. There shall be computed, in respect of the period commencing on the appointed day and ending on such date after the appointed day, as may be fixed by the Central Government and in respect of each subsequent financial year, the total payment
SI. No. Name of Government Company Address
1. Uttar Pradesh Bhumi Sudhar Nigham Ltd. Bhumitra Bhawan, 19-B, Vibhuti Khand, Gomati
Nagar Lucknow
2. Uttar Pradesh Agro Industrial Corporation Ltd. 22, Vidhan Sabha
Marg, Lucknow
3. Uttar Pradesh Alpasankhyak Vittiya Nigam Ltd. 7th Floor, Jawahan
Bhawan, Lucknow
4. Uttar Pradesh Electronic Corporation Ltd. Nav Chetna Kendra,
Ashok Marg, Lucknow.
5. Uttar Pradesh Jal Vidyut Nigam Ltd. l2th Floor, Vika
List of Training Institutions/Centres
1. Uttar Pradesh Academy of Administration, Nainital
2. Uttar Pradesh State Observatory
3. Institute of Management Development Uttar Pradesh, Lucknow
4. Judicial Training and Research Institue, Lucknow
5. Dr. B.R. Ambedkar Police Academy, Moradabad
6. Police Training College-II, Moradabad
7. Police Training College-III, Nainital Gorakhpur
8. Armed Training Centre, Sitapur
9. Police Training College, Moradaba
10. Police Training College, Gora
Elevate your legal practice with advanced AI-driven research and drafting solutions. Experience unmatched efficiency, precision, and security, tailored exclusively for legal professionals.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
AI Assistant
