BIHAR AND WEST BENGAL (TRANSFER OF TERRITORIES) ACT, 1956
This Act may be called The Bihar and West Bengal (Transfer of Territories) Act, 1956.
In this Act, unless the context otherwise requires,--
(a) "appointed day" means the 1st day of November, 1956;
(b) "article" means an article of the Constitution;
(c) "assembly constituency", "council constituency" and "parliamentary constituency" have the same meanings as in the Representation of the People Act, 1950;
(d) "Election Commission" means the Election Commission appointed by the President under article 324;
(e) "law" includes any enactment, ordinance, regulation, order, bye-law, rule, scheme, notification or other instrument having the force of law in the whole or in any part of Bihar or West Bengal;
(f) "notified order" means an order published in
(1) As from the appointed day, there shall be added to the State of West Bengal the territories which on the 1st day of March, 1956, were comprised in--
(a) that portion of Kishanganj subdivision of Purnea district which lies to the east of the boundary line demarcated in accordance with the provisions of sub-section (2) by an authority appointed in this behalf by the Central Government and that portion of Gopalpur thana of the said district which lies to the east or north, as the case may be, of the said boundary line; and
(b) Purulia sub-division of Manbhum district, excluding Chas thana, Chandil thana and Patamda police station of Barabhum thana;
and the said territories shall thereupon cease to form part of the State of Bihar.
(2) The boundary l
As from the appointed day, in the First Schedule to the Constitution, in Part A, in the description of the territories of States, --
(a) after the paragraph relating to the territory of the State of Assam, the following paragraphs shall be inserted, namely:--
"The territory of the State of Bihar shall comprise the territories which immediately before the commencement of this Constitution were either comprised in the Province of Bihar or were being administered as if they formed part of that Province, but shall not include the territories specified in sub-sec. (1) of section 3 of the Bihar and West Bengal (Transfer of Territories) Act, 1956.
The territory of the State of West Bengal shall comprise the territories which immediately before the commencement of this Constitution were either compris
As from the appointed day, in the Fourth Schedule to the Constitution in the Table of Seats for the entries in the second column relating in Bihar and West Bengal, the entries "22" and "16" shall respectively, be substituted
As soon as may be after the appointed day, bye-elections shall be held to fill the vacancies existing on that day in the seats allotted to Bihar and West Bengal.
In order that, as nearly as may be, one-third of the members of the Council of States may retire on the 2nd day of April, 1958, and on the expiration of every second year thereafter, the President shall, after consultation with the Election Commission, make by order such provisions as he thinks fit in regard to the terms of office of the members elected under section 6.
Nothing in section 3 shall be deemed to affect the extent of the constituency of any sitting member of the existing House of the People from Bihar.
The sitting members of the Legislative Assembly of Bihar representing the Thakurganj, Karandighi, Para-cum Chas and Barabazar-cum-Chandil constituencies shall, notwithstanding the reduction in the extent of those constituencies by the transfer of portions thereof to West Bengal, continue to be members of the Legislative Assembly of Bihar; and the sitting members of that Assembly representing any other constituency lying wholly or partly in the transferred territories shall, as from the appointed day, be deemed to have been elected to the Legislative Assembly of West Bengal and cease to be members of the Legislative Assembly of Bihar.
The changes in the composition of the Legislative Assemblies of Bihar and West Bengal under section 9 shall not affect their duration as provided in clause (1) of Article 172.
(1) Any reference in the Delimitation of Council Constituencies (Bihar) Order, 1951, to the State of Bihar, Bhagalpur division or Chota Nagpur division shall be construed as excluding the transferred territories from that State or division, as the case may be.
(2) Every sitting member of the Legislative Council of Bihar representing a council constituency the extent of which is altered by virtue of sub-section (1) shall, as from the appointed day, be deemed to have been elected to the said Council by that constituency as so altered.
(1) Any reference in the Delimitation of Council Constituencies (West Bengal) Order, 1951, to the State of West Bengal, Burdwan division or Darjeeling district shall be construed as including the transferred territories to that State, division or district, as the case may be.
(2) In the Table appended to the said Order, in the entry in the second column, against West Bengal West (Graduates) Constituency, after the word "Bankura", the word "Purulia" shall be inserted.
(3) Every sitting member of the Legislative Council of West Bengal representing a council constituency the extent of which is altered by virtue of sub-section (1) or sub-section (2) shall, as from the appointed day, be deemed to have been elected to the said Council by that constituency as so altered.
The number of seats in the House of the People allotted to Bihar and to West Bengal and the number of seats assigned to the Legislative Assembly of each of those States by order of the delimitation Commission under the Delimitation Commission Act, 1952, shall be modified as follows:--
Number of seats in the House of the People Number of seats in the Legislative Assembly
Bihar 53 318
West Bengal 36 252
As soon as may be after the commencement of this Act, the President may, by notified order, make such modifications in the Constitution (Scheduled Castes) Order, 1950, and the Constitution (Scheduled Tribes) Order, 1950, as he thinks fit, having regard to the transfer of territories effected by Section 3.
(1) After the said Orders have been so modified, the population as at the last census of the Scheduled Castes and of the Scheduled Tribes in Bihar and West Bengal shall be ascertained or estimated by the census authority in such manner as may be prescribed and shall be notified" by that authority in the Gazette of India.
(2) The population figures so notified shall be taken to be the relevant population figures as ascertained at the last census and shall supersede any figures previously published.
(1) As soon as may be after the commencement of this Act, the Central Government shall, by notified order, appoint an authority--
(a) to determine on the basis of the population figures notified under section 15 the number of seats to be reserved for the Scheduled Castes and the Scheduled Tribes of Bihar and of West Bengal in the House of the People and in the legislative Assembly of each of those States having regard to the relevant provisions of the Constitution and of this Act; and
(b) to revise to such extent as may be necessary or expedient having regard to the said provisions, the orders of the delimitation Commission made under section 8 of the Delimitation Commission Act, 1952, with respect to Bihar and West Bengal.
(2) The said authority shall perform its functions in such manner and
(1) Except as hereinafter provided,--
(a) the jurisdiction of the High Court at Calcutta shall, as from the appointed day, extend to the transferred territories; and
(b) the High Court at Patna shall, as from that day, have no jurisdiction in respect of the transferred territories.
(2) Such proceedings pending in the High Court at Patna immediately before the appointed day as are certified by the Chief Justice of that High Court having regard to the place of accrual of the cause of action and other circumstances to be proceedings which ought to be heard and decided by the High Court at Calcutta shall, as soon as may be after such certification, be transferred to the High Court at Calcutta.
(3) Notwithstanding anything contained in sub-sections (1) a
Any person who immediately before the appointed day is an advocate entitled to practise in the High Court at Patna and was authorised to appear in any proceedings transferred from that High Court to the High Court at Calcutta under section 17 shall have the right to appear in the High Court at Calcutta in relation to those proceedings.
For the purposes of sections 17 and 18,--
(a) proceedings shall be deemed to be pending in the High Court at Patna until that Court has disposed of all issues between the parties, including any issues with respect to the taxation of the cost of the proceedings and shall include appeals, applications for leave to appeal to the Supreme Court, applications for review, petitions for revision and petitions for writs;
(b) references to a High Court shall be construed as including references to a Judge or division Court thereof, and references to an order made by a Court or a Judge shall be construed as including references to a sentence, judgment or decree passed or made by that Court or Judge.
(1) As from the appointed day any Act passed by the Legislature of West Bengal before that day for the appropriation of any money out of the Consolidated Fund of the State to meet any expenditure in respect of any part of the financial year 1956-57 shall have effect also in relation to the transferred territories, and it shall be lawful for the State Government to spend any amount in those territories out of the amount authorised by such Act to be expended for any service in that State.
(2) The Governor of West Bengal may, after the appointed day, authorise such expenditure from the Consolidated Fund of the State as he deems necessary for any purpose or service in the transferred territories for any period not extending beyond the 31st clay of March, 1957.
Section 3 of the Union Duties of Excise (Distribution) Act,1953, and paragraphs 3, 4 and 5 of the Constitution (Distribution of Revenues) Order, 1953 shall,in respect of the financial year 1956-57 have effect subject to such modifications as the President may, by notified order, specify, having regard to the transfer of territories effected by section 3 of this Act.
(1) Subject to the other provisions of this Part, all land and all stores, articles and other goods in the transferred territories belonging to the State of Bihar shall, as from the appointed day, pass to the State of West Bengal.
(2) Any unissued stores of any class in Bihar shall be divided between West Bengal and Bihar in proportion to the total indents for stores of that class made in the period of three years ending with the 31st day of March, 1956 for the transferred territories and for the rest of Bihar.
Provided that nothing in this sub-section shall apply to stores held for specific purposes such as use or utilisation in particular institutions, workshops or undertakings or on particular works under construction.
(3) In this section, the expression "land" includes immovable property o
The total of the cash balances in all treasuries of Bihar and the credit balances of Bihar with the Reserve Bank of India immediately before the appointed day shall be divided between that State and West Bengal according to the population ratio:
Provided that for the purposes of such division, there shall be no transfer of cash balances from any treasury to any other treasury and the apportionment shall he effected by adjusting the credit balances of Bihar and West Bengal in the books of the Reserve Bank of India on the appointed day.
The right of Bihar to recover arrears of any tax or duty on property situate in the transferred territories, including land revenue, shall belong to West Bengal and the right of Bihar to recover arrears of any other tax or duty in any case where the place of assessment of that tax or duty is in the transferred territories shall also belong to West Bengal,
The right to recover any loans or advances made before the appointed day by Bihar to any local body, society, agriculturist or other person in the transferred territories shall belong to West Bengal.
The investments in the cash balance investments account, the famine relief fund and the general fund of Bihar and the sums at the credit of Bihar in the central road fund shall be divided between Bihar and West Bengal according to the population ratio; and the investments in any special fund the objects of which are confined to the transferred territories or any part thereof shall pass to West Bengal.
(1) The assets and liabilities relating to any commercial or industrial undertaking of Bihar located in the transferred territories shall pass to West Bengal.
(2) Where a depreciation reserve fund is maintained by Bihar for any such commercial or industrial undertaking, the securities held in respect of investments made from that fund shall also pass to West Bengal.
(1) The public debt of Bihar attributable to loans raised by the issue of Government securities and outstanding with the public immediately before the appointed day shall continue to be the debt of Bihar;
Provided that---
(a) West Bengal shall be liable to pay to Bihar a share of the sums due from time to time for the servicing and repayment of the public debt; and
(b) for the purpose of determining the said share, the said debt shall be deemed to be divided between Bihar and West Bengal as if it were a debt referred to in sub-section (2).
(2) The public debt of Bihar attributable to loans taken from the Central Government, the Reserve Bank of India or any other bank before the appointed day shall be divided between Bihar and West Bengal in proporti
The liability of Bihar to refund any tax or duty on property situate in the transferred territories, including land revenue, collected in excess shall be the liability of West Bengal and the liability of Bihar to refund any other tax or duty collected in excess in any case where the place of assessment of that tax or duty is in the transferred territories shall also be the liability of West Bengal.
The liability of Bihar in respect of any civil deposit or local fund deposit made in the transferred territories shall, as from the appointed day, be the liability of West Bengal.
The liability of Bihar in respect of the provident fund account of any Government servant who, being in service on the appointed day, is permanently allotted to West Bengal shall, as from that day, be the liability of West Bengal.
The liability of Bihar in respect of pensions shall be apportioned between that State and West Bengal in accordance with the provisions contained in the Schedule.
(1) Where, before the appointed day, the State of Bihar 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) of Bihar, if the purposes of the contract are, as from the appointed day, exclusively purposes of that State;
(b) of West Bengal, if the purposes of the contract are as from that day, exclusively purposes of that State; and
(c) of Bihar, in any other case;
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 Bihar, be rights or liabilities of Bihar or of West Bengal, as the case may be:
Where, immediately before the appointedday, Bihar is subject to any liability in respect of actionable wrong other than breach of contract,that liability shall,--
(a) if the cause of action arose wholly within the transferred territories, be a liability of West Bengal;
(b) if the cause of action arose wholly within the territories of Bihar excluding the transferred territories, be a liability of Bihar; and
(c) in any other case, be initially a liability of Bihar, but subject to such financial adjustment as may be agreed upon between that State and West Bengal, or in default pf such agreement, as the Central Government may by order direct.
Where, immediately before the appointed day, Bihar is liable as guarantor in respect of any liability of a registered co-operative society, that liability shall--
(a) if the area of the society's operations is limited to the transferred territories, be a liability of West Bengal; and
(b) in any other case, continue to be a liability of Bihar.
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.
Where either Bihar or West Bengal becomes entitled to any property or obtains any benefits or becomes subject to any liability and the Central Government, on a reference made within a period of three years from the appointed day by either of the States, is of opinion that it is just and equitable that that property or those benefits should be transferred to, or shared with, the other State or that a contribution towards that liability should be made by the other 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 of such contribution in respect thereof, as the Central Government may, after consultation with the two State Governments, by order determine.
All sums payable by either Bihar or West Bengal to the other State by virtue of the provisions of this Part shall be charged on the Consolidated Fund of the State by which such sums are payable.
(1) As from the appointed day, the Financial Corporations constituted under the State Financial Corporations Act, 1951, for the States of Bihar and West Bengal shall be deemed to have been constituted for those States with their areas as altered by the provisions of section 3.
(2) Bihar shall be liable to pay to West Bengal on account of its share of the paid-up capital of the Bihar State Financial Corporation such amount as the Central Government may by order determine.
(1) Notwithstanding anything contained in section 63 of the Motor Vehicles Act, 1939, a permit granted by the State Transport Authority of Bihar or by any Regional Transport Authority in Bihar shall, if such permit was immediately before the appointed day valid and effective in any area within the transferred territories, 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 West Bengal or by any Regional Transport Authority in West Bengal for the purpose of validating it for use in such area:
Provided that the Central Government may, after consultation with the State Governments, add to, amend or vary the conditions attached to the permit by the authority by which the permi
(1) Every person who immediately before the appointed day is serving in connection with the affairs of Bihar shall, as from that day, continue so to serve, unless he is required by general or special order of the Central Government to serve provisionally in connection with the affairs of West Bengal.
(2) As soon as may be after the appointed day, the Central Government shall by general or special order determine the State to which every person provisionally allotted to West Bengal shall be finally allotted for service and the date from which such allotment shall take effect or be deemed to have taken effect.
(3) Every person who is finally allotted under the provisions of sub-section (2) to Bihar or West Bengal shall, if he is not already serving therein, be made available for serving in that State from such date as may be agreed upon be
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 Bihar in any area within the transferred territories shall continue to hold the same post or office in West Bengal, and shall be deemed as from that day to have been duly appointed to that post or office by the Government of, or other appropriate authority in, West Bengal:
Provided that nothing in this section shall be deemed to prevent a competent authority, after the appointed day, from passing in relation to any such person any order affecting his continuance in such post or office.
The provisions of section 3 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, arid territorial references in any such law to Bihar or West Bengal 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 of any law in relation to Bihar or West Bengal, the appropriate Government may before the expiration of one year from the appointed 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 authority or competent legislature.
Explanation.-- In this section, the 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, the State Government.
Notwithstanding that no provision or insufficient provision has been made 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 Bihar or West Bengal, 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 West Bengal may, by notification in the official Gazette, specify the authority, officer or person who, as from the appointed day, shall be competent to exercise such functions exercisable under any law in force on that day in any part of the transferred territories as may be mentioned in that notification, and such law shall have effect accordingly.
Where, immediately before the appointed day, the State of Bihar is a party to any legal proceedings with respect to any property rights or liabilities transferred to the State of West Bengal under this Act, that State shall be deemed to be substituted for the State of Bihar as a party to those proceedings, or added as a party thereto, as the case may be, 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:--
(a) in any area which on that day remains within Bihar shall, if it is a proceeding relating exclusively to any part of the transferred territories, stand transferred to the corresponding Court, tribunal authority or Officer in West Bengal; and
(b) in any area which on that day falls within the transferred territories shall, if it is a proceeding relating exclusively to any part of the territories remaining within Bihar, stand transferred to the corresponding Court, tribunal, authority or officer in 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 ha
Any person who, immediately before the appointed day, is enrolled as a pleader entitled to practise in any subordinate Courts in the transferred territories shall, for a period of six months 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 West Bengal.
The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained 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 provision which appear 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.
1[(2) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule, or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]
&nbs
THE SCHEDULE
(Sec section 32)
APPORTIONMENT OF LIABILITY IN RESPECT OF PENSIONS
1. Subject to the adjustments mentioned in paragraph 3, each of the States of Bihar and West Bengal shall, in respect of pensions granted by Bihar before the appointed day, 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 Bihar 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 Bihar.
3. There shall be computed in respect of the period commencing on the appointed day and ending
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