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The Bombay Reorganisation Bill, 1960·

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The Bombay Reorganisation Bill, 1960· BID No. 13 of 1960 THE BOMBAY REORGANISATION BILL, 1960· (As INTRODUCED IN LOK SABHA ON 28TH MARCH, I960) THE BOMBAY REORGANISATION BILL, 1960 ARRANGEMENT OF CLAUSES PART I PRELIMINARY CLAUSES 1. Short title. 2. Definitions. I PART II REoRGANISATION OF BOMBAY STATE 3. Formation of Gujarat State. 4. Amendment of the First Schedule to the Constitution. 5. Saving powers of State Government. PART III REPRESENTATION IN THE LEGISLATURES The Council of States 6. Amendment of the Fourth Schedule to the Constitution. 7. Allocation of sitting members. 8. Bye-elections to fill vacancies. 9. Term of office. The House of the People 10. Representation in the House of the People. 11. Delimitation of Parliamentary constituencies. 12. Provision as to sitting members. The Legislative Assemblies 13. Strength of Legislative Assemblies. 14. Delimitation of Assembly constituencies. 15. Allocation of members. 16. Duration of Legislative Assemblies. 17. Speakers and Deputy Speakers. 18. Rules of procedure. 2113 (B) L.S.-l. (ii) The Legislative Council CLAUSES 19. Legislative Council of Bombay. 20. Council constituencies. 21. Provision as to certain sitting members. 22. Special provision as to biennial elections. 23. Chairman and Deputy Chairman. Scheduled Castes and Scheduled Tribes 24. Amendment of the Scheduled Castes o.rder. 25. Amendment of the Scheduled Tribes Order. PART IV HIGH COURTS 26. High Court for Gujarat. 27. Judges of Gujarat High Court. 28. Jurisdiction of Gujarat High Court. 29. Power to enrol advocates, etc. 30. Practice and procedure in Gujarat High Court. 31. Custody of seal of Gujarat High Court. 32. Form of writs and other processes. 33. Powers of Judges. 34. Procedure as to appeals to Supreme Court. 35. Transfer of proceedings from Bombay High Court to Gujarat High Court. 36. Right to appear or to act in proceedings transferred to Gujarat High Court. 37. Interpretation. 38. Savings. PART V AUTHORISATION OF EXPENDITURE 39. Authorisation of expenditure of Gujarat State. 40. Reports relating to accounts of Bombay State. 41. Allowances and privileges of Governor of Gujarat. 42. Distribution of revenues. (iii) PART VI ApPORTIONMENT OF AssETS AND WBILI'l'D8 CLAUSES 43. Application of Part. 44. Land and goods. 45. Treasury and bank balances. 46. Arrears of taxes. 47. Right to recover loans and advances. 48. Credits in certain funds. 49. Special Revenue Reserve Fund in GUjarat. 50. Assets and liabilities of State undertakings. 51. Public debt. 52. Floating Debt. 53. Refund of taxes collected In excess. 54. Deposits, etc. 55. Provident Fund. 56. Pensions. 57. Contracts. 58. Liability in respect of actionable wrong. 59. Liability as guarantor. 60. Items in suspense. 61. Residuary provision. 62. Apportionment of assets or liabilities by agreement. 63. Power of Central Government to order allocation or adjust- ment in certain cases. 64. Certain expenditure to be charged on consolidated Fund. PART VII PROVISIONS AS TO CERTAIN CORPORATIONS 65. Provisions as to Bombay State Electricity Boards and State Warehousing Corporation. 66. Continuance of arrangements in regal'd to generation and supply of electric power and supply of water. 67. Provisions as to Bombay State Financial Corporation. 68. Amendment of Act 64 of 1950. 69. Special provision for Bar Council of Gujerat. 70. General provision as to statutory corporations. 71. Amendment of Act 38 of 1957. (iv) CLAUSES 72. Temporary provisions as to continuance of certain existing road transport permits. 73. Special provision relating to retrenchment compensation in certain cases. 74. Special provision ~s to income-tax. 75. Continuance of facilities in certain State institutions. PART VIII PROVISIONS AS TO SERVICES 76. Provisions relating to All-India Services. 77. Provisions relating to other services. 78. Provisions as to continuance of officers in same post. 79. Power of Central Government to give directions. 80. Provisions as to Bombay Public Service Commission. PART IX LEGAL AND MISCELLANEOUS PROVISIONS 81. Amendment of Act 37 of 1956. 82. Territorial extent of laws. 83. Power to adapt laws. 134.. Power to construe laws. 85. Power to name authorities, etc., for exercising statutory functions. 86. Legal Proceedings. 87. Transfer of pending proceedings. 88.. Right of pleaders to practise in certain cases. 89. Effect of provisions of the Act inconsistent with other laws. 90. Power to remove difticulties. 91. Power to make rules. THE FIRST SCHEDULE , , THE SECOND SCHEDULE '- THE THIRD SCHEDULE THE FOURTH SCHEDULE THE FIFTH SCHEDULE THE SIXTH SCHEDULE THE SEVENTH SCHEDULE THE EIGHTH SCHEDULE THE NINTH SCHEDULE THE TENTH SCHEDULE -THE ELEVENTH SCHEDULE - THE TWELM"H SCHEDULE , t- Bill No. 13 of k96o_ THE BOMBAY REORGANISATION BILL, 1960 (As INTRODUCED IN LOK SABHA) A BILL to provide for the reorganisation of the State of Bombay and for matters connected therewith. BE it enacted by Parliament in the Eleventh Year of the Republic of India as follows:-- PAR'r I PRELIMINARY .5 I. This Act may be called the Bombay Reorganisation Act, 1960. Short titil'. 2. In this Act, unless the context otherwise requires,-· nefinitions. (a) "appointed day" means the 1st day of May, 1960; (b) "article" means an article of the Constitution; (c) "assembly constituency", "council constituency" and 43 of 19S0. 10 "parliamentary constituency" have the same meanings as in the Representation of the People Act, 1950; (d) "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 IS in the whole or in any part of the Stoate of Bombay; (e) "notified order" means an order published in the official Gazette; (f) "population ratio", in relation to the States of Bombay and GUjarat, means the ratio of 66-31 to 33'69; 20 (g) "sitting member", in relation to either House of Parlia- ment or of the Legislature of the State of Bombay, means a per- son who, immediately before the appointed day, is a member of that House; 2 (h) "transferred territory" means the territories which, as from the appointed day, are the territories of the State of Gujarat; (i) "treasury" includes a sub-treasury; (j) any reference to a district, tnluka, village or other terri- torial division of the State of Bombay shall be construed as a S reference to the area comprised within that territorit.ll division as recognised for l:md r~veI.&UE: purPOSt:5 Oll thl: 1I;t day of De,,-em- ber, 1959. PART II REORGANISATION OF BOMBAY STATE 10 Penn'tio 1 3. (1) As from the appointed day, there shall be formed a new of Gujar t St.te. State to be known as the State of Gujarat comprising the following territories of the State of Bombay, namely:- (a) Bwlaskantha, Mehsana, Sabarkantha, Ahmedabad, Kaira, Panch-mahals, Baroda, Broach, Surat, Dangs, Amreli, Surendra- IS nagar, Rajkot, Jamnagar, Junagadh, Bhavnegar and Kutch dis- tricts; and (b) the villages in Umbergaon taluka of Thana district, the villages in Nawapur 'J.nd Nandurbar talukas of West Khandesh district and the villages in Akkalkuwa and Taloda talukas of 20 West Khandesh district, respectively spP.Cified in Parts 1, II and III of the First Schedule; and thereupon, the said territories shall cease to form part of the State of Bombay. (2) The villages in Umbergaon taluka specified in Part I of the 35 First Schedule shall form a separate taluka of the same name and be included in Surat district, and the remaining villages in the said taluka shall be included in, and form part of, DahGllu taluka of Thana district; and the villages specified in Parts II and III of the First Sche(hlle ~hltll respE:Ctively be included in, and form part of, Songadh 30 taluka of Surat district and Sagoora taluka of Broach district. Amendment 4. As frem the appointed day, in the First Schedule to the Consti- of the FiIlt Schedule t" tution, under the heading "1. THE STATES",- the Co.I- atitution. (11) for entry 4, the following entries shall be substituted, namely:-- 35 "4. Bombay .. The territories spedfied in sub-section (1) of section 8 of the States Reorganisation Act, 1956, but ex- cluding the territories referred to in sub~s!'ction (1) of aec-- tion 3 of the Bombay Reorganisation Act, 1960. 3 5. Gujarat .. The territories referred to in sub-section (1), of section 3 of the Bombay Reorganisation Act, 1960."; (b) entries 5 to 14 shall be renumbered as entries 6 to 15 rt!specUvely. 5 5. Nothing in the foregoing provisions of this Part shall be deemed Saving to affect the power of the State Government to alter, after the ~~':'G~~­ appointed. day, the name, extent or boundaries of any district, taluka emment. ot' village in the State. PART III 10 REJ'RESEN'JhTION IN THE LEGISL~TURES The Council oj States 6. As from the appointed day, the number of seats allotted to the Amendment State of Bombay in the Council of States shall be reduced from 27 If tht'h to 18, and there shall be allotted 11 seats to the State of Gujarat in ~~!:t.ule to t 5 the said Council, and in the Fourth Schedule to the Constitution, in the. Consti- the Table,- tutlon. (a) for entry 4, the following entries shall be subsWuted. namely:- "4. Bombay ,. 18 20 5. Gujarat .. 11"; (b) entries 5 to 18 shall be renumbered as entries 6 to ]9 respectively; and (c) for the figures "221", the figures "223" shall be substi- tuted. 25 'I. (1) The twelve sitting members of the Council of States repre- ~l?lstion of senting the State of Bombay, whose names are specified in Part I of Iltung the Second Schedule, and such six of the nine members elected to memhers. represent thl'lt State at the biennial elections held for the purpose of filling the V'3cancies existing on the 3rd day of April, 1960, as the 30 Chairman of the Council of States shall by order specify shall, as from the appointrd day, be deemed to have been duly elected to fill the eighteen seats allotted to the State of Bombay.
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