The Bihar Reorganisation Act, 2000

Extract

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The Bihar Reorganisation Act, 2000

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 ...

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