The Bihar Reorganisation Act, 2000 - Legislation - VLEX 29635918

The Bihar Reorganisation Act, 2000

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THE BIHAR REORGANISATION ACT, 2000 ACT NO. 30 OF 2000

[25th August, 2000.]

An Act to provide for the reorganisation of the existing State of Bihar and for matters connected therewith.

BE it enacted by Parliament in the Fifty-first Year of the Republic of India as follows:-

PART

PRELIMINARY

PART I

PRELIMINARY

1.

Short title.

1. Short title.-This Act may be called the Bihar Reorganisation Act, 2000.

2.

Definitions.

2. Definitions.-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, 1950 (43 of 1950);

(d) "Election Commission" means the Election Commission appointed by the President under article 324;

(e) "existing State of Bihar" means the State of Bihar as existing immediately before the appointed day;

(f) "law" includes any enactment, ordinance, regulation, order, bye-law, rule, scheme, notification or other instrument having, immediately before the appointed day, the force of law in the whole or in any part of the existing State of Bihar;

(g) "notified order'' means an order published in the Official Gazette;

(h) "population ratio", in relation to the States of Bihar and Jharkhand, means the ratio of 645.30:218.44;

(i) "sitting member", in relation to either House of Parliament or of the Legislature of the existing State of Bihar, means a person who immediately before the appointed day, is a member of that House;

(j) "successor State", in relation to the existing State of Bihar, means the State of Bihar or Jharkhand;

(k) "transferred territory" means the territory which on the appointed day is transferred from the existing State of Bihar to the State of Jharkhand;

(l) "treasury" includes a sub-treasury; and (m) any reference to a district, tahsil or other territorial division of the existing State of Bihar shall be construed as a reference to the area comprised within that territorial division on the appointed day.

PART

REORGANISATION OF THE STATE OF BIHAR

PART II

REORGANISATION OF THE STATE OF BIHAR

3.

Formation of Jharkhand State.

3. Formation of Jharkhand State.-On and from the appointed day, there shall be formed a new State to be known as the State of Jharkhand comprising the following territories of the existing State of Bihar, namely:-

Bokaro, Chatra, Deogarh, Dhanbad, Dumka, Garhwa, Giridih, Godda, Gumla, Hazaribagh, Kodarma, Lohardaga, Pakur, Palamau, Ranchi, Sahebganj, Singhbhum (East) and Singhbhum (West) districts;

and thereupon the said territories shall cease to form part of the existing State of Bihar.

4.

State of Bihar and territorial divisions thereof.

4. State of Bihar and territorial divisions thereof.-On and from the appointed day, the State of Bihar shall comprise the territories of the existing State of Bihar other than those specified in section 3.

5.

Amendment of the First Schedule to the Constitution.

5. Amendment of the First Schedule to the Constitution.-On and from the appointed day, in the First Schedule to the Constitution, under the heading "I. THE STATES",-

(a) in the paragraph relating to the territories of the State of Bihar, the folllowing shall be added at the end, namely:-

"and the territories specified in section 3 of the Bihar Reorganisation Act, 2000";

(b) after entry 27, the following entry shall be inserted, namely:-

"28. Jharkhand: The territories specified in section 3 of the Bihar Reorganisation Act, 2000.".

6.

Saving powers of State Governments.

6. Saving powers of State Governments.-Nothing in the foregoing provisions of this Part shall be deemed to affect the power of the Government of Bihar or Jharkhand to alter, after the appointed day, the name, area or boundaries of any district or other t rritorial division in the State.

PART

REPRESENTATION IN THEH LEGISLATURES

PART III

REPRESENTATION IN THE LEGISLATURES

The Council of States 7.

Amendment of the Fourth Schedule to the Constitution.

7. Amendment of the Fourth Schedule to the Constitution.-On and from the appointed day, in the Fourth Schedule to the Constitution, in the Table,-

(a) entries 4 to 29 shall be renumbered as entries 5 to 30 respectively;

(b) in entry 3, for the figures ''22'' the figures ''16'' shall be substituted;

(c) after entry 3, the following entry shall be inserted, namely:-

"4. Jharkhand...................................... 6''.

8.

Allocation of sitting members.

8. Allocation of sitting members.-(1) On and from the appointed day, the twenty-two sitting members of the Council of States representing the existing State of Bihar shall be deemed to have been elected to fill the seats allotted to the States of Bihar nd Jharkhand, 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 9.

Representation in the House of the People.

9. Representation in the House of the People.-On and from the appointed day, there shall be allocated 40 seats to the successor State of Bihar, and 14 to the successor State of Jharkhand, in the House of the People and in the First Schedule to the Repres ntation of the People Act, 1950 (43 of 1950), under heading "I. STATES:",-

(a) for entry 4, the following entry shall be substituted, namely:-

"4. Bihar 53 7 5 40 7 ..";

(b) entries 10 to 25 shall be renumbered as entries 11 to 26 respectively;

(c) after entry 9, the following entry shall be inserted, namely:-

''10. Jharkhand .. .. .. 14 1 5''.

10.

Delimitation of Parliamentary and Assembly Constituencies.

10. Delimitation of Parliamentary and Assembly Constituencies.-On and from the appointed day, the Delimitation of Parliamentary and Assembly Constituencies Order, 1976, shall stand amended as directed in the Second Schedule to this Act.

11.

Provision as to sitting members.

11. Provision as to sitting members.-(1) Every sitting member of the House of the People representing a constituency which, on the appointed day by virtue of the provisions of section 10, stands allotted, with or without alteration of boundaries, to the uccessor State of Bihar or Jharkhand, shall be deemed to have been elected to the House of the People by that constituency as so allotted.

(2) The term of office of such sitting members shall remain unaltered.

The Legislative Assembly 12.

Provisions as to Legislative Assemblies.

12. Provisions as to Legislative Assemblies.-(1) The number of seats as on the appointed day in the Legislative Assemblies of the States of Bihar and Jharkhand shall be two hundred and forty-three and eighty-one respectively.

(2) In the Second Schedule to the Representation of the People Act, 1950 (43 of 1950), under heading "I. States",-

(a) for entry 4, the following entry shall be substituted, namely:-

"4. Bihar 318 45 29 243 39 .. ";

(b) entries 11 to 27 shall be renumbered as entries 12 to 28 respectively;

(c) after entry 10, the following entry shall be inserted, namely:-

''11. Jharkhand .. .. .. 81 9 28''.

13.

Allocation of sitting members.

13. Allocation of sitting members.-(1) Every sitting member of the Legislative Assembly of the existing State of Bihar elected to fill a seat in that Assembly from a constituency which on the appointed day by virtue of the provisions of section 10 stands allotted, with or without alteration of boundaries, to the State of Jharkhand shall, on and from that day, cease to be a member of the Legislative Assembly of Bihar and shall be deemed to have been elected to fill a seat in the Legislative Assembly of Jh rkhand from that constituency as so allotted.

(2) All other sitting members of the Legislative Assembly of the existing State of Bihar shall continue to be members of the Legislative Assembly of that State and any such sitting member are altered by virtue of the provisions of section 10 shall be deemed to have been elected to the Legislative Assembly of Bihar by that constituency as so altered. representing a constituency the extent, or the name and extent of hich (3) Notwithstanding anything contained in any other law for the time being in force, the Legislative Assemblies of Bihar and Jharkhand shall be deemed to be duly constituted on the appointed day.

(4) The sitting member of the Legislative Assembly of the existing State of Bihar nominated to that Assembly under article 333 to represent the Anglo-Indian community shall be deemed to have been nominated to represent the said community in the Legislat ve Assembly of Jharkhand under that article.

14.

Duration of Leggislative Assemblies.

14. Duration of Legislative Assemblies.-The period of five years referred to in clause (1) of article 172 shall, in the case of Legislative Assembly of the State of Bihar or Jharkhand be deemed to have commenced on the date on which it actually commenced in the case of Legislative Assembly of the existing State of Bihar.

15.

Speaker and Deputy Speaker.

15. Speaker and Deputy Speaker.-(1) The persons who immediately before the appointed day are the Speaker and Deputy Speaker of the Legislative Assembly of the existing State of Bihar shall continue to be the Speaker and Deputy Speaker respectively of th t Assembly on and from that day.

(2) As soon as may be after the appointed day, the Legislative Assembly of Jharkhand shall choose two members of that Assembly to be respectively Speaker and Deputy Speaker thereof and until they are so chosen, the duties of the office of Speaker shall e performed by such member of the Assembly as the Governor may appoint for the purpose.

16.

Rules of procedure.

16. Rules of procedure.-The rules of procedure and conduct of business of the Legislative Assembly of Bihar as in force immediately before the appointed day shall, until rules are made under clause (1)

of article 208, be the rules of procedure and conduc of business of the Legislative Assembly of Jharkhand, subject to such modifications and adaptations as may be made therein by the Speaker thereof.

The...

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