The Uttar Pradesh Reorganisation Act, 2000

 
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THE UTTAR PRADESH REORGANISATION ACT, 2000 ACT NO. 29 OF 2000

[25th August, 2000.]

An Act to provide for the reorganisation of the existing State of Uttar Pradesh 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 Uttar Pradesh 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 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, 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 Uttar Pradesh;

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

(h) "population ratio", in relation to the States of Uttar Pradesh and Uttaranchal, means the ratio of 1321:70;

(i) "sitting member", in relation to either House of Parliament or of the Legislature of the existing State of Uttar Pradesh, 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 Uttar Pradesh, means the State of Uttar Pradesh or Uttaranchal;

(k) "transferred territory" means the territory which on the appointed day is transferred from the existing State of Uttar Pradesh to the State of Uttaranchal;

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

PART

REORGANISATION OF THE STATE OF UTTAR PRADESH

PART II

REORGANISATION OF THE STATE OF UTTAR PRADESH

3.

Formation of Uttaranchal State.

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

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.

4.

State of Uttar Pradesh and territorial divisions thereof.

4. State of Uttar Pradesh and 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.

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 Uttar 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 (24 of 1968)", the foll wing 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.".

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 Uttar Pradesh or Uttaranchal to alter, after the appointed day, the name, area or boundaries of any district r other territorial division in the State.

PART

REPRESENTATION IN THE 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 17 to 28 shall be renumbered as entries 18 to 29 respectively;

(b) in entry 16, for the figures "34", the figures "31" shall be substituted;

(c) after entry 16, the following entry shall be inserted, namely:-

"17. Uttaranchal

................................................................................

...3".

8.

Allocation of sitting members.

8. Allocation of sitting members.-(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 U tar 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 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 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 Act, 1950 (43 of 1950) shall be deemed to be amended accordingly.

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 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 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 Uttar Pradesh and Uttaranchal shall be four hundred and three and seventy respectively.

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

(a) entries 25 and 26 shall be renumbered as entries 26 and 27 respectively;

(b) after entry 24, the following entry shall be inserted, namely:-

"1 5 25.

Uttaranchal...............................................................

70'';

(c) in entry 26 as so renumbered, for the figures "425", the figures

"403" shall be substituted.

13.

Allocation of sitting members.

13. Allocation of sitting members.-(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 1 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 provisio al 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 continue to be members of the Legislative Assembly of that State and any such sitting member representing a constituency the extent or the name and ext nt of which are altered by virtue of the provisions of section 10 shall be deemed to have been elected to the Legislative Assembly of Uttar Pradesh by that constituency as so altered.

(3) Notwithstanding anything contained in any other law for the time being in force, the Legislative Assemblies of Uttar Pradesh and Uttaranchal shall be deemed to be duly constituted on the appointed day.

(4) The sitting member of the Legislative Assembly of the existing State of Uttar Pradesh 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 L gislative Assembly of Uttar Pradesh under that article.

14.

Composition of provisional Legislative Assembly of Uttaranchal.

14. Composition of provisional Legislative Assembly of Uttaranchal.-(1) 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 rovisions 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 rep esenting the Assembly constituencies or Council constituencies of the territories transferred by virtue of the provisions 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 Assembly of the State of Uttaranchal shall, unless the said Legislative Assembly is sooner dissolved, expire immediately before the first meeting...

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