The Gazette of India
EXTRAORDINARY
PART II—Section 3—Sub-section (i)
PUBLISHED BY AUTHORITY
No.151] NEW DELHI, THURSDAY, MARCH 28, 2002/CHAJTRA7,1924
2 _— TFE GAZETTE OF INDIA: EXTRAORDINARY [PART H—SEC. 3(i)] MINISTRY OF HOME AFFAIRSNOTIFICATION
New Delhi, the 27th March, 2002
The Bihar Reorganisation (Removal of Dtffcutties) Order, 2002
G.S.R. 241 (E).— The following Order made by thte President is published for general information :—
"Whereas, a difficulty has arisen with respect to the allocation of employees of the statutory corporations covered by section 66 of the Bihar RcorganisatidoAct, 2000 (30 of 2000);
And whereas, the High Court of Judicature at Patna, in its Order dated 19-7-200] inLctters Patent Appeal No. 428 of 2001 filed by the Bihar School Examination Board, Patna and others, has held that the provisions of Part VII of the Bihar Reorganisation Act, 2000 do not apply to employees of the statutory corporations, and that the statutory corporations will be covered by the provisions of Part VIII of the said Act. The High Court has also held that this Part does not have any provisions for division or dissolution of the statutory corporations or allocation of their employees. The Hon'ble High Court has further observed that the power to remove any difficulty has been vested in the President under the provisions of section 92 of the said Act and accordingly the said Board was advised to move the Central Government for appropriate directions with regard to the allocation of its employees;
Now, therefore, in exercise of the powers conferred by sub-section (1) of section 92 of the Bihar Reorganisation Act, 2000, the President hereby makes the following Order, namely:—
1. (1) This Order may be called the Bihar Reorganisation (Removal of Difficulties) Order, 2002.
(2) It shall come into force at once,
2. The allocation of assets, liabilities and employees of the statutory corporations or bodies covered under section 66 of the Bihar Reorganisation Act, 2000 shall be done by mutual agreement between the successor States of Bihar and Jharkhand and in the event of any disagreement, by the Central Government, on a reference being made by either of the States.
New Delhi,
K. R. NARAYANAN, Dated 22-3-2002
•
PRESIDENT."
[F.No. 12012/21/2000-SR(Part-V)J R.KL SINGH, Jt Secy