Subject NOT available

click here for IIIF manifest

REGISTERED No. D. 221

The Gazette of India

EXTRAORDINARY

PART II—Section 2

PUBLISHED BY AUTTHORITY

No. 46] N EW DELHI, S A T U R D A Y, S E P T E M B ER 3. 1966/ B H A D RA 12, 1966

Separate paging is given to this Part in order that it may be filed

as a separate compilation

LOK SABHA

The following Bill was introduced in Lok Sabha on the 3rd Sep- tember, 1966: —

BILL NO 68 OF 1966

A Bill to provide for the reorganisation of the existing State of Punjab and for matters converted therewith.

BE it enacted by Parliament in the Seventeenth Year of the Republic of India as follows;—

PART I

PRELIMINARY

5 1. This Act may be called the Punjab Reorganisation Act, 1966. Short title

Definition 2. In this Act, unless the context otherwise requires,—

(a) "Administrator" means the administrator of a Union territory appointed by the President under article 239 of the Constitution;

10 (b) "appointed day" means the 1st day of November, 1966;

(c) "article"' means an article of the Constitution;

(713)

548 G of I—I,

(d) "assembly constituency", "council constituency" and "parliamentary constituency" have the same meanings as in the Representation of the People Act, 1950;

,43 of 1950.

5

(e) "Delimitation Commission" means the Delimitation Commission constituted under section 3 of the Delimitation Commission Act, 1962;

61 of 1952.

(f) "existing State of Punjab" means the State of Punjab as

existing immediately before the appointed day;

10

(g) "law" includes any enactment, ordinance, regulation, 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 Punjab;

(h) "notified order" means an order published in the Offi-

cial Gazette;

15

({) "population ratio", in relation to the States of Harvana and Punjab and the Union, means the ratio of 37-38 to 54'84 to 7-78;

(j) "prescribed" means prescribed by rules made under this

Act;

2O

(k) "sitting member", in relation to either House of Parlia- ment or of the Legislature of the existing State of Punjab, means a person who immediately before the appointed day is a mem- ber of that House;

z5

(I) "State of Punjab" means the State with the same name, comprising the territories referred to in sub-section (/) of section 6;

30

(m) "successor State", in relation to the existing State of Punjab, means the State of Puniab or Harvana. and incudes also the Union in relation to the Union territory of Chandigarh and the transferred territory;

(n) "transferred territory" means the territory which on the appointed day is transferred from the existing State of Punjab to the Union territory of Himachal Pradesh;

(o) "treasury" includes a <:nr>-trea"nirv: and

35

Cp) any reference to a d^trict. tahsil or ntrn"r tprr^m-^i division of the existing State of Pun-lab phnil he rnristrnprt ^ " reference to the area comprised within thpt territorial division on the 1st day of July, 1966,

PART II

REORGANISATION OF THE STATE OF P U N J AB

5

3. (7) On and from the appointed day, there shall be formed a new State to be known as the State of Haryana comprising the following territories of the existing State of Punjab, namely: —

Formatio. of Hirya" State.

(a) Hissar, Rohtak, Gurgaon, Karnal and Mahendragarh

districts;

(b) Narwana and Jind tahsils of Sangrur district; (c) Ambala, Jagadhri and Naraingarh tahsilB of Ambala district;

10

(d) Pinjore kanungo circle of Kharar tahsil of Ambala

district; and

(e) the territories in Manimajra kanungo circle of Kharar

tahsil of Ambala district specified in the First Schedule,

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

(2) The territories referred to in clause (b) of sub-section (7) shall form a separate district known as the Jind district in the State of Haryana.

20 (3) The territories referred to in clauses (c), (d) and (e) of sub-section (7) shall form a separate district to be known as Ambala district in the State of Haryana and in that district,—

(i) the territories referred to in clauses (d) and (e) of sub-section (7) shall be included in, and form part of, the Naraingarh tahsil, and

25

(ii) the territories^ referred to in clause (e) of sub-section (7) shall be included in, and form part of, Pinjore kanungo circle in the Naraingarh tahsil.

30

Formatioi of Union territory of Chandi garh.

4. On and from the appointed day, there shall be formed a new Union territory to be known as the Union territory of Chandigarh comprising such of the territories of Manimajra and Manauli Kanungo circles of Kharar tahsil of Ambala district in the existing State of Punjab as are specified in tho Second Schedule and there- upon the territories so specified shall cease to form part of the exist- ing State of Punjab.

35

5. (1) On and from the appointed day, there shall be added to the

Union territory of Himachal Pradesh the territories in the existing

State of Punjab comprised i n-

Transfer 01 terri- tory from Punjab to Himachal Pradeih.

to) Simla, Kangra, Kulu Mid Lahaul and wpM diitrict*;

(b) Nalagarh tahsil of Ambala district;

(L) Lohara, Ami) and Una kaniungo cobles of Una tahsil of

Hoshiarpur district;

5 (cl) the territories in Santokbgarh kanungo circle of Una tahsil o£ Hoshiarpur district si.tetalied in Part I of the Third Schedule;

(e) the territories in Una tahsil of Hoshiarpur district speci-

fied in Vart II of the Third Schedule; and

10

Cf) the territories of Dhar Kalan kanungo circle of Pathankot tahsil of Gurdaspur diuUict specified in Part 111 of the Third Schedule,

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

(2) The territories referred to in clause (b) of sub-section (1)

shall be included in, and form part of, Simla district.

15

(3) The territories referred Lo in. clauses (c), (d) and (e) of sub-section (1) shall be included in, and form part of, Kangra dis- trict, and

20

(i) the territories referred to in clauses (c) and (d) shall form a separate tahsil known as Una tahsil in that district and in that tahsil the territories referred to in clause (d) shall form a separate kanungo circle known as the Santokhgarh kanungo circle; and

(ii) the territories referred to in clause (e) shall form part

of the Hamirpur tahsil in the said district.

25

30

(4) The territories referred to in clause (f) of sub-section (7) shall be included in, and form part of, the Bhattiyat tahsil of Chamba district in the Union territory of Himachal Pradesh and in that tahsil, the villages Dalhousie and Balun shall be included in, and form part of, Banikhet kanungo circle and the village Bakloh shall form part of Chowari kanungo circle.

6. (/) On and from the appointed day, the State of Punjab shall comprise the territories of the existing State of Punjab other than those specified in sub-section (1) of section 3, section 4 and sub-section (i) of section 5.

35

State of Punjab and. terri- torial divisions thereof.

(2) The territories which immediately before the appointed day were part of Ambala district in the existing State of Punjab but are not transferred by virtue of sections 3, 4 and 5, shall, together with the territories which immediately 'beiore that day were part of the Una tahsil of Hoshiarpur district in the existing State of Punjab but ⁴⁰

are not transferred by virtue of section 5, form a separate district known as the Rupar district in the State of Punjab and in that dis- trict—

5

(i) the territories which immediately before the appointed day were part of Manimajra kanungo circle of Kharar tahsil of Ambala district but are not transferred by virtue of sections 3 and 4, shall form in that tahsil a separate kanungo circle called the Mullanpur kanungo circle;

10

15

(ii) the territories which immediately before the appointed day were part of Una tahsil of Hoshiarpur district but are not transferred by virtue of section 5, chall form a separate tahsil known as Nangal tahsil, and in that tahsil, the territories which immediately before the appointed day were part of Santokhgarh kanungo circle of Una tahsil of Hoshiarpur district but are not transferred by virtue of section 5, shall be included in, and form part of Nurpur Bedi kanungo circle.

7. On and from the appointed day, in the First Schedule to the

Constitution,—

(a) under the heading "I. THE STATES",—

20

Amend- ment oi the First Schedule to the Constitu- tion.

(i) in the paragraph relating to the territories of the State of Punjab, the following shall be added at the end, namely: —

"and the territories specified in sub-section (1) oi section 3, section 4 and sub-section (1) of section 5 of the Punjab Reorganisation Act, 1966;

25

(ii) after entry 16, the following entry shall be inserted,

namely:—>

"17. Haryana: territories specified in sub-section (i) of section 3 of the Punjab Reorganisation Act, 1966.";

(b) under the heading "II. THE UNION TERRITORIES",—

30

(i) in the paragraph relating to the extent of the Union territory of Himachal Pradesh, the following shall be added at the end, namely: —

"and the territories specified in sub-section (/) of

section 5 ol the Punjab Reorganisation Act, 1966";

35

(ii) after entry 9, the following entry shall be inserted

namely: —

40

"10. Chandigarh . . .The territories specified in section 4 of the Punjab Reorganisation Act, 1966".

Saving powers of Govern- ment.

5 8. Nothing in the foregoing provisions of this Part shall be deem- ed to affect the power of the Government of Punjab or Haryana or the Administrator of the Union territory of Himachal Pradesh to alter, after the appointed day, the name, area or boundaries of any district or other territorial division in the State or Union territory, as the case may be.

PART III

REPRESENTATION IN THE LEGISLATATUHES

The Council of States

f. On and from the appointed day, in the Fourth Schedule to the

10

Constitution, in the Table,—

(a) entries 5 to 21 shall be re-numbered as entries 6 to 22

respectively;

Amend- ment of Fourth Schedule to the Consti- tution.

(b) after entry 4, the following entry shall be inserted,

namely:—

15

"5. Haryana . . . 5";

(c) in entry 12 as so re-numbered, for the figures "11", the

figure "7" shall be substituted;

(d) in entry 19 as so re-numbered, for the figure "2"; the

figure "3" shall be substituted; and

20

(e) for the flgurei "228", the figures "228" shall be

substituted.

25 Alloca- tion of sitting members.

10. (i) On and from the appointed day, the eleven sitting mem- bers of the Council of States representing the existing State of Punjab shall be deemed to have been elected to fill the seats allotted to the States of Haryana and Punjab and the Union territory of Himachal Pradesh, as specified in the Fourth Schedule.

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

unaltered.

30

Filling up of vacancies.

11. (i) As soon as may be after the appointed day, bye-elections shall be held to fill the vacancies existing on the appointed day in the seats allotted to the States of Haryana and Punjab.

35 (2) The term of office of the member so elected from the State of Haryana shall expire on the 2nd day of April, 1972, and that of the member so elected from the State of Punjab shall expire on the 2nd day of April, 1968.

The House of the People

12. Nothing in Part II shall be deemed to affect the constitution

or duration of the existing House of the People or the extent of the constituency of any sitting member of that House.

Provision as to existing House.

5 The Legislative Assemblies

13. (1) The number of seats as on the appointed day in the Legislative Assemblies of the States of Haryana and Punjab and the Union territory of Himachal Pradesh shall be sixty-two, eighty-seven and fifty-six respectively.

Provi- sions as to Legis- lative Assem- blies.

10 (2) In the Second Schedule to the Representation of the People

3 of 1850. Act, 1950—

(a) after entry 4, the following entry shall be inserted,

namely: —

"4A. Haryana .. .. 62";

'5

(b) in entry 11, for the figures "154", the figures "87" shall

be substituted; and

(c) in entry 16, for the figures "40", the figures "54" shall

be substituted.

20

Amend- ment of Delimita- tion Orders.

14. On and from the appointed day. Part B of Schedule XT to the Delimitation of Parliamentary and Assembly Constituencies Order, 1961, and the Schedule to the Delimitation of Territorial Council Constituencies (Himachal Pradesh) Order, 1962, shall stand amended as directed in the Fifth Schedule to this Act,

21

Alloca- tion of sitting members.

30

15. (1) Every sitting member of the Legislative Assembly of Punjab elected to fill a seat in that Assembly from a constituency which on the appointed day by virtue of the provisions of section 14 stands allotted, with or without alteration of boundaries, to the State of Haryana or to the Union territory of Himachal Pradesh, shall, on and from that day, cease to be a member of the Legislative Assem- bly of Punjab and shall be deemed to have been elected to fill a seat in the Legislative Assembly of Haryana or in the Legislative Assembly of Himachal Pradesh, as the case may be, from that con- stituency as so allotted.

35

(2) All other sitting members of the Legislative Assembly of Punjab 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 extent, of which are altered by virtue of the provisions of section 14 shall be deemed to have been elected to the Legislative Assembly of Punjab by that constituency as so altered.

40

(3) Notwithstanding anything contained in any other law for the time being in force, the Legislative Assemblies of Haryana, Punjab and Himachal Pradesh shall be deemed to be duly constitu- ted on the appointed day.

5

10 16. The eight persons specified in Part A of the Seventh Schedule who are members of the Legislative Council chosen by the Local Authorities', Graduates' and Teachers' constituencies of the existing State of Punjab shall, on and from the appointed day, become mem- bers of the Legislative Assembly of the State of Haryana as if they were members chosen by direct election to that Assembly from the territorial constituencies within that State.

•fransi- tional provisions with respect to certain members of the Legisla- tive Assem- bly of Haryana. Duration Of Legis- lative Assem- blies.

17. (i) The period of five years referred to in clause (/) of article 172 shall, in the case of the Legislative Assembly of Haryana, be deemed to have commenced on the date on which it actually com- menced in the case of the Legislative Assembly of Punjab.

15

(2) The changes in the composition of the Legislative Assemblies of Punjab and Himachal Pradesh shall not affect the duration of either of those Assemblies.

20 18. (/) The person who immediately before the appointed day is the Speaker of the Legislative Assembly of Punjab shall continue to be the Speaker of that Assembly on and from that day.

Speakers and Deputy Speakers.

(2) As soon as may be after the appointed day, the Legislative Assembly of Haryana shall choose a member of that Assembly to be Speaker of that Assembly.

25 (3) The person who immediately before the appointed day is the Deputy Speaker of the Legislative Assembly of Punjab shall be the Deputy Speaker of the Legislative Assembly of Haryana.

30 (4) As soon as may be after the appointed day, the Legislative Assembly of Punjab shall choose a member of that Assembly to be Deputy Speaker of that Assembly.

Rules of proce- dure.

3$ 19. The rules of procedure and conduct of business of the Legis- lative Assembly of Punjab as in force immediately before the ap- pointed day shall, until rules are made under clause (1) of article 208, be the rules of procedure and conduct of business of the Legis- lative Assembly of Haryana, subject to such modifications and adap- tations as may be made therein by the Speaker thereof.

The Legislative Council

43 of 1950.

20. On and from the appointed day, there shall be forty seats in the Legislative Council of Punjab, and in the Third Schedule to the Representation of the People Act, 1950, for the existing entry 7, the following entry shall be substituted, namely: —

5

Legisla- tive Council of Punjab.

"7. Punjab . . 40 14 3 3 14 6".

Council consti- tuencies.

21. On and from the appointed day, the Delimitation of Council Constituencies (Punjab) Order, 1951, shall stand amended as direc- ted in the Sixth Schedule.

10 22. (1) On the appointed day, the sitting members of the Legisla- tive Council of Punjab specified in the Seventh Schedule shall cease to be members of that Council-'

Provi- sion as to certain sitting members.

(2) On and from the appointed day, all sitting members of the Legislative Council of Punjab, other than those referred to in sub- section (1), snail continue to be members of that Council.

T5

(3) Any of the sitting members continuing as aforesaid, represen- ting a council constituency the extent of which is altered by virtue of the provisions of section 21 shall be deemed to have been elected to the Legislative Council of Punjab by that constituency as so altered.

²⁰ (/) Every sitting member of the said Council representing im- mediately before the appointed day any of the council constituencies spcified in column (1) of the Table below shall be deemed to have been elected to the said Council by the council constituency specified against that constituency in column (2) of the said Table: —

25

TABLE

( I)

Punjab West Central Gra- duates.

Punjab East Central Gra-

duates.

30

Punjab West Central Teachers

Punjab East Central Teachers

Patiala Local Authorities

(2)

Punjab Central Graduates.

Punjab South Graduates.

Punjab Central Teachers.

Punjab South Teachers.

Patiala-cwm-Rupar Local

Authorities.

(5) The term of office oT the members referred to in sub-section

(2) shall remain unaltered.

35

548 G of 1—2.

5 (6) As soon as may be after the appointed day, elections shall be held to fill the vacancies existing on the appointed day in the seats allotted to the several council constituencies by the Delimitation of Council Constituencies (Punjab) Order, 1951, as ameded by this Act and to fill the vacancy existing on that day in, the seats to be filled by persons elected by the members of the Legislative Assembly.

10 (7) The term of office of the three members so elected from Ferozepur Local Authorities' constituency, Jullundur Local Authori- ties' constituency and Ludhiana Local Authorities' constituency and of the member so elected by the members of the Legislative Assembly shall expire on the 26th day of April, 1968, and the term of office of the member so elected from Patiala-cum-Rupar Local Authorities' constituency shall expire on the 26th day of April, 1972.

i5 (8) The person who immediately before the appointed day is the Chairman of the Legislative Council of Punjab shall continue to be the Chairman of that Council o>ni and from that day.

(9) As soon as may be after the appointed day, the Legislative Council of Punjab shall choose one of its members to be the Deputy Chairman thereof.

Delimitation of constituencies

20

23. In the House of the People to be constituted after the com-

mencement of this Act, there shall be allotted,—

(a) nine seats to the State of Haryana of which two seats

shall be reserved for the Scheduled Castes;

Alloca- tion of seats in the House of the People.

(b) thirteen seats to the State of Punjab of which three seats

25 shall be reserved for the Scheduled Castes;

(c) six seats to the Union territory of Himachal Pradesh of which one seat shall be reserved for the Scheduled Castes; and

(d) one seat to the Union territory of Chandigarh which

shall form one parliamentary constituency.

30

24. (1) The total number of seats in the Legislative Assembly of Haryana to be constituted at any time after the appointed day, to be filled by persons chosen by direct election from territorial constituen- cies, shall be eighty-one of which fifteen seats shall be reserved for the Scheduled Castes,

35 Alloca- tion of seats in the Legis- lative Assem- bly.

(2) The total number of seats in tho Legislative Assembly of Punjab to be constituted at any time after the appointed day, to be

filled by persons chosen by direct election from territorial constitu- encies, shall be one hundred and four of which twenty-three seats shall be reserved for the Scheduled Castes.

5

(3) The total number of seats in the Legislative Assembly of Himachal Pradesh to be constituted at any time after the appointed day, to be filled by persons chosen by direct election from territorial constituencies, shall be fifty-four of which twelve seats shall be reser- ved lor the Scheduled Castes and two seats shall be reserved for the Scheduled Tribes.

10

Delimita- tion p( consti- tuencies.

15

25. (1) The Delimitation Commission shall, in the manner herein

provided, distribute the seats in the House of the People allotted to

Haryana, Punjab and Himachal Pradesh under section 23 and the

seats assigned to the Legislative Assembly of each of them under

section 24 to single-member territorial constituencies and delimit

them on the basis of the latest census figures, having regard to the

provisions of the Constitution and to the following provisions,

namely:—

20

(a) all constituencies shall, as far as practicable be geogra- phically compact areas, and in delimiting them regard shall be had to physical features, existing boundaries of administrative units, facilities of communication and public convenience;

(b) every assembly constituency shall be so delimited as to fall wholly within one parliamentary constituency;

25

' (c) constituencies in which seats are reserved for the Sche- duled Castes shall be distributed in different parts of the State or Union territory, as the case may be, and located, as far as practicable, in those areas where the proportion of their popula- tion to the total population is comparatively large; and

30

(d) constituencies in which seats are reserved for the Sche- duled Tribes shall, as far as practicable, be located in areas where the proportion of their population to the total population is the largest.

35

(2) For the purpose of assisting it in the performance of its func- tions under sub-section (1), the Delimitation Commission shall asso- ciate with itself in respect of each State and Union territory such six persons as the Central Government may by order specify, being persons who are members either of the House of the People or of the Legislative Assembly of Haryana, Punjab or HimaehaJ Pradesh:

40

Provided that such persons shall be chosen, as far as practicable, from among those members who were associated before the commence.

merit of this Act with the Delimitation Commission in delimiting constituencies of Punjab or Himachal Pradesh:

Provided further that none of the associate members shall have a right to vote or to sign any decision of the Delimitation Commis- sion.

5

(3) The Delimitation Commission shall, by one or more orders, determine the delimitation of the parliamentary and assembly con- stituencies referred to in sub-section (1).

(•/) The provisions of sections 7, 10 and 11 of the Delimitation

io 61 of 1982.

Commission Act, 1962, shall apply in relation to the delimitation of parliamentary and assembly constituencies under this Part as they apply in relation to the delimitation of parliamentary and assembly constituencies under the said Act.

T5 (5) Upon publication in the Gazette of India of the order or orders of the Delimitation Commission made under sub-section (3), the orders previously made by it delimiting the parliamentary and assembly constituencies of Punjab and Himachal Pradesh shall stand cancelled.

26. On and from the appointed day, in article 371 of the Consti- tution, in clause (1), the words "or Punjab¹' shall be omitted. 20 Amend- ment of article 371 of the Constitu- tion.

27. (1) On and from the appointed day, the Constitution (Sche- duled Castes) Order, 1950, shall stand amended as directed in the Eighth Schedule.

Amend- ment of Schedule Castes Orders.

25 (2) On and from the appointed day, the Constitution (Scheduled Castes) (Union Territories) Order, 1951, shall stand amended as directed in the Ninth Schedule.

28, (1) On and from the appointed day, the Constitution (Sche- duled Tribes) Order, 1950, shall stand amended as directed in the Tenth Schedule-

Amend- ment of Scheduled Tribes Orders.

30 (2) On and from the appointed day, the Constitution (Scheduled Tribes) (Union Territories) Order, 1951, shall stand amended as directed in the Eleventh Schedule.

PART IV

HIGH COURT

20. (1) On and from the appointed day,—

35 Common High Court for Punjab.

(a) there shall he a common High Court for the States of

Punjab and Haryana and for the Union territory of Chandigarh

to be called the High Court of Punjab and Haryana (hereinafter

referred to as the common High Court);

Haryana and Chandi- garh.

(b) the Judges of the High Court of Punjab holding office

immediately before that day shal^ unless they have elected other-

wise, become on that day the Judges of the common High Court.

5

(2) The expenditure in respeci of salaries and allowances of the

Judges of the common High Court shall be allocated amongst the

States of Punjab and Haryana and the Union in such proportion

as the President may, by order, determine.

10

Jurisdic- tion of the com- mon High Court.

15

30. On and from the appointed day, the common High Court shall have, in respect of the territories comprised in the States of Punjab and Haryana and the Union territory of Chandigarh, all such jurisdiction, powers and authority as, under the law in force imme- diately before the appointed day, are exercisable in respect of those territories by the High Court of Punjab and shall save as otherwise provided in this Part, have no jurisdiction in respect of the trans- ferred territory.

31. (1) On and from the appointed day,—

25 of 1961.

20

(a) in the Advocates Act, 1961, in sub-section (1) of section 3, for clause (d), the following clause shall be substituted, namely: —

Special provision relating to Bar Council and ad- vocates.

"(d) for the States of Punjab aind Haryana and the Union territories of Chandigarh and Himachal Pradesh, to be known as the Bar Council of Punjab and Haryana;";

25

(b) the Bar Council of Punjab shall be deemed to be the Bar Council of Punjab and Haryana with the Advocate-General of the State of Haryana also as an ex-officio member.

(2) Any person who immediately before the appointed day is an advocate entitled to practise in the; High Court of Punjab shall be entitled to practise as an advocate in the common High Court.

30

(3) All persons who immediately before the appointed day are advocates on the roll of the Bar Council of Punjab shall, as from that day, become advocates on the roll of the Bar Council of Puniab and Haryana.

35

(4) The right of audience in the common High Court shall be re- gulated in accordance with the like principles as immediately before the appointed day are in force with respect to the right of audience in the High Court of Punjab:

40

Provided that as between the Advocate-General of Punjab and the Advocate-General of Haryana, the right of audience shall be determined with reference to their dates of enrolment as advocates.

32. Subject to the provisions of this Part, the law in force imme- diately before the appointed day with respect to practice and proce- dure in the High Court of Punjab shall, with the necessary modifica- tions, apply in relation to the common High Court.

Practice and pro- cedure in common High Court.

5 33. The law in force immediately before the appointed day with respect to the custody of the seal of the High Court of Punjab shall, with th enecessary modifications, apply with respect to the custody of the seal of the common High Court.

Custody o£ Seal of common High Court.

10 Form of writs and other processes.

34. The law in force immediately before the appointed day with respect to the form of writs and other processes used, issued or awar- ded by the High Court of Punjab shall, with the necessary modifica- tions, apply with respect to the form of writs and other processes used, issued or awarded by the common High Court.

Powers of Judges.

15 35. The law in force immediately before the appointed day with respect to the powers of the Chief Justice, single Judges and divi- sion courts of the High Court of Punjab and with respect to all matters ancillary to the exercise of those powers shall, with the necessary modifications, apply in relation to the common High Court.

20 36. (7) The principal seat of the common High Court shall, un- less otherwise determined by the President after consultation 'with the Chief Justice of that High Court and the Governors of Punjab and Haryana, be at the same place as the principal seat of the High Court of Punjab immediately before the appointed day.

25 Principal seat and other places of sitting of the common High Court,

30 (2) The President may, after consultation with the Chief Justice of the common High Court and the Governors of the States of Punjab and Haryana, by notified order, provide for the estab- lishment of a permanent bench or benches of that High Court at one or more places within the territories to which the jurisdiction of the High Court extends, other than the principal seat of the High Court, and for any matters connected therewith.

35 (3) -JJithwithstanding anything contained in sub-section (/) or sub-section (2), the Judges and division courts of the common High Court may also sit at such other place or places in the States of Punjab and Haryana as the Chief Justice may, with the approval of the Governors of the States of Punjab and Haryana, appoint.

Procedure as to appeals to Supreme Court.

37. The law in force immediately before the appointed day re- lating to appeals to the Supreme Court from the High Court of Punjab and the Judges and division courts thereof, shall, with the necessary modifications, apply in relation to the common High Court. 40

38. On and from the appointed day, the jurisdiction of the Court of the Judicial Commissioner for Himachal Pradesh shall extend to the transferred territory.

5

39. (/) All proceedings pending in the High Court of Punjab im- mediately before the appointed day shall, on that day, stand trans- ferred to the common High Court.

Extension of juris- diction dt the Court of Judi- cial Com- missioner for Hima- chal Pra- desh, Transfer of pend- ing pro- ceedings.

10

(2) Such proceedings which stand transferred to the common High Court under sub-section (7) as are certified by the Chief Justice of the common High Court, having regard to the place of accrual of the cause of action and other circumstances, to be pro- ceedings which ought to be heard and decided by the Court of the Judicial Commissioner for Himachal Pradesh shall, as soon as may be after such certification, be transferred to the Court of the Judi- cial Commissioner for Himachal Pradesh.

15

20

(3) Notwithstanding anything contained in the foregoing pro- visions of this Part, but save as hereinafter provided, the common High Court shall have, and the Court of the Judicial Commissioner for Himachal Pradesh shall not have, jurisdiction to entertain, hear or dispose of appeals, applications for leave to appeal to the Supreme Court, applications for review and other proceedings where any such proceedings seek any relief in respect of any order passed by the High Court of Punjab before the appointed day:

25

Provided that if, after any such proceedings have been enter- tained by the common High Court, it appears to the Chief Justice of that High Court that they ought to be transferred to the Court of the Judicial Commissioner for Himachal Pradesh, he shall order that they shall be so transferred, and such proceedings shall thereupon be transferred accordingly.

(4) Any order-

30

fa) made by the High Court of Punjab before the appoin- ted day, in any proceeding transferred to the Court of the Judicial Commissioner for Himachal Pradesh by virtue of sub- section (2), or

35

(b) made by the common High Court in any proceeding with respect to which that High Court has jurisdiction by virtue of sub-section (3),

shall for all purposes have effect not only as an order of the High Court of Punjab or, as the case may be, of the common High Court

but also as an order made by the Ceurt of the Judicial Commissioner for Himachal Pradesh.

40. For the purposes of this Part,—

Inter- pretation.

5 (a) proceedings shall be deemed to be pending in a court until that court has disposed of all issues between the parties including any issues with respect to the taxation of the costs of the proceedings and shall include appeals, applications for leave to appeal to the Supreme Court, applications for review, peti- tions for revision and petitions for writs; and

10 (b) references to a High Court shall be construed as in- cluding references to a Judge or division court thereof, and references to an order made by a court or a Judge shall be construed as including references to a sentence, judgment or decree passed or made by that court or Judge.

15 Savings. 41. Nothing in this Part shall affect the application to the common High Court of any provisions of the Constitution, and this Part shall have effect subject to any provision that may be made on or after the appointed day with respect to that High Court by any Legisla- ture or other authority having power to make such provision.

PART V ²O

AUTHORISATION OF EXPENDITURE AND DISTRIBUTION OF REVENUES

25 Authori- sation of expendi- ture of the State of Haryana.

42. The Governor of the existing State of Punjab may, at any time, before the appointed day, authorise such expenditure from the Consolidated Fund of the State of Haryana as he deems necessary for any period not extending beyond the 31st day of March, 1967, pending the sanction of such expenditure by the Legislative Assem- bly of Haryana:

30 Provided that the Governor of Haryana may, after the appointed day, authorise such further expenditure from the Consolidated Fund of the State as he deems necessary for the said period pending such sanction.

35 Approp- riation of moneys for expen- diture in transfer- red terri- tory.

40 43. (/) On and from the appointed day, any Act passed by the Legislative Assembly of the Union territory of Himachal Pradesh before that day for the appropriation of any money out of the Con- solidated Fund of that Union territory to meet any expenditure in respect of any part of the financial year 1966-67 shall have effect also in relation to the transferred territory and it shall be lawful for the Government of Himachal Pradesh to spend any amount in the trans- ferred territory out of the amount authorised by such Act to be ex- pended for any service in that Union territory.

5

(2) The Administrator of Himachal Pradesh may, after the ap- pointed day, authorise such expenditure from the Consolidated Fund of the Union territory as he deems necessary for any purpose or service in the transferred territory for any period not extending be- yond the 31st day of March, 1967, pending the sanction of such ex- penditure by the Legislative Assembly of Himachal Pradesh.

10

Reporta relating to the accounts of the existing State of Punjab.

44. (1) The reports of the Comptroller and Auditor-General of India referred to in clause (2) of article 151 relating to the accounts of the existing State of Punjab in respect of any period prior to the appointed day, shall be submitted to the Governor of each of the States of Punjab and Haryana and the Administrator of Himachal Pradesh who shall cause them to be laid before the Legislature of that State or Union territory, as the case may be.

(2) The President may by order—

15

20

(a) declare any expenditure incurred out of the Consoli- dated Fund of Punjab on any service in respect of any period prior to the appointed day during the financial year 1966-67 or in respect of any earlier financial year in excess of the amount granted for that service and for that year as disclosed in the reports referred to in sub-section (1) to have been duly autho- rised, and

(b) provide for any action to be taken on any matter arising

out of the said reports.

25

45. The allowances and privileges of the Governor of Haryana shall, until provision in that behalf is made by Parliament by law under clause (3) of article 158, be such as the President may, by order, determine.

3 of 1962. 58 of 1957. 9 of 1962. ³⁰

Allow- ances and privileges of Gover- nor of Haryana. Distribu- tion of revenues.

46. The Constitution (Distribution of Revenues) Order, 1965; the Union Duties of Excise (Distribution Act, 1962, the Additional Duties of Excise (Goods of Special Importance) Act, 1957, and the Estate Duty (Distribution) Act, 1962, shall on and from the appointed day, stand amended as directed in the Twelfth Schedule.

PART VI

APPORTIONMENT OF ASSETS AND LIABILITIES

35

Apple*, tion of Part.

47. The provisions of this Part shall apply in relation to the ap- portionment of the assets and liabilities of the existing State of Pun- jab immediately before the appointed day.

548 G of 1—3.

Land and good3.

48. (1) Subject to the other provisions of this Part, all land and all stores, articles and other goods belonging to the existing State of Punjab shall,—

(a) if within that State, pass to the successor State in whose

territories they are situated; or

5

(b) if outside that State, pass to the State of Punjab:

10 Provided that where the Central Government is of the opinion that any goods or class of goods should be distributed among the suc- cessor States otherwise than according to the situation of the goods, the Central Government may issue such directions as it thinks fit for a just and equitable distribution of the goods and the goods shall pass to the successor States accordingly.

15 (2) Stores held for specific purposes, such as use or utilisation in particular institutions, workshops or undertakings or on particular works under construction, shall pass to the successor State in whose territories such institutions, workshops, undertakings or works are located.

20 (3) Stores relating to the Secretariat and offices of Heads of Departments having jurisdiction over the whole of the existing State of Punjab shall be divided between the successor States in accordance with such directions as the Central Government may think fit to issue for a just and equitable distribution of such stores.

25 (•f) Any other unissued stores of any class in the existing State of Punjab shall be divided between the successor States in proportion to the total stores of that class purchased in the period of three years ending with the ;31st day of March, 1966, for tho territories of the existing State of Punjab included respectively in each of the successor States;

Provided that where such proportion cannot be ascertained in

30 respect of any class of stores or where the value of any class of such stores does not exceed rupees ten thousand, that class of stores shall be divided between the successor States according to the population ratio.

35 (5) Notwithstanding anything contained in this Act, the lands specified in the Thirteenth Schedule which were acquired by the Government of the existing State of Punjab—

(i) for the sewerage scheme of Chandigarh,

(it) for soil conservation measures in the catchment area of Sukhna lake, and

(Hi) for the setting up of brick kilns of the Chandigarh Capi- tal Project,

together with all connected works in or over such land (including any plant, machinery or implements) shall vest in the Union.

5 (6) In this section, the expression "land" includes immovable property of every kind and any rights in or over such property, and the expression "goods" does not include coins, bank notes and cur- rency notes.

10

Treasury and bank balances.

49. The total of the cash balances in all treasuries of the existing State of Punjab and the credit balances of that State with the Reserve Bank of India, the State Bank of India or any other bank immediately before the appointed day shall be divided between the successor States according to the population ratio:

15

Provided that for the purposes of such division, there shall be no transfer of cash balances from any treasury to any other treasury and the apportionment shall be effected by adjusting the credit balances of the successor States in the books of the Reserve Bank of India on the appointed day:

20

Provided further that if any successor State has no account with the Reserve Bank of India, the adjustment shall be made in such manner as the Central Government may, by order, direct.

Arrears at taxes.

25

50. The right to recover arrears of any tax or duty on property, including arrears of land revenue, shall belong to the successor State in whose territories the property is situated, and the right to recover arrears of any other tax or duty shall belong to the successor State in whose territories the place of assessment of that tax or duty is included.

30

Right to recover loans and advances.

51. (1) The right to¹ recover any loans or advances made before the appointed day by the existing State of Punjab to any local body, society, agriculturist or other person in an area within that State shall belong to the successor State in whose territories that area is included:

35

Provided that the right to recover loans or advances of pay and travelling allowance to a Government servant made before the ap- pointed day by the existing State of Punjab shall pass to the suc- cessor State to which such Government servant is allotted.

(2) The right to recover any loans or advances made before the appointed day by the existing State of Punjab to any person or institution outside that State shall belong to the State of Punjab:

Provided that any sum recovered in respect of any such loan or advance shall be divided between all the successor States according to the population ratio.

5 Invest- ments and credits in certain funds.

10 52. (1) The investments made from the Cash Balance Investment Account, the Famine Relief Fund and any other general fund of the existing State of Punjab, the sums at the credit of that State in the Central Road Fund and the sums held in the Defence and Security Relief Fund shall be divided between the successor States according to the population ratio; and the investments in any special fund the objects of which are confined to a local area in the existing State of Punjab shall pass to the successor State in whose territories that area is included.

15

20 (2) The investments of the existing State of Punjab immediately before the appointed day in any private commercial or industrial undertaking, in so far as such investments have not been made or are deemed not to have been made from the Cash Balance Invest- ment Account, shall pass to the successor State in whose territories the principal seat of business of the undertaking is located and where on that day the principal seat of business of the undertaking is located outside the territories of the existing State of Punjab such investments shall be divided between all the successor States in the population ratio.

25

30 (3) Where any body corporate constituted under a Central Act, State Act or Provincial Act for the existing State of Punjab or any part thereof has, by virtue of the provisions of Part II, become an in- ter-State body corporate, the investments in, or loans or advances to, any such body corporate by the existing State of Punjab made before the appointed day shall, save as otherwise expressly provided by or under this Act, be divided between the successor States In the same proportion in which the assets of the body corporate are divided under the provisions of Part VII.

53. (i) The assets and liabilities relating to any commercial or industrial undertaking of the existing State of Punjab shall pass to the successor State in whose territories the undertaking is located.

35 Assets and liabi- lities of State under- takings.

(2) Where a depreciation reserve fund is maintained by the existing State of Punjab for any commercial or industrial under- taking, the securities held in respect of investments made from that fund shall pass to the successor State in whose territories the under- taking is located.

40 (3) Where any such undertaking is located in more than one successor State, the assets and liabilities and the securities referred

to in sub-sections (1) and (2) respectively shall be divided in such manner as niay be agreed upon between the successor States before the 1st day of November, 1967, or in default of such agreement, as the Central Government may by order direct.

Public debt.

5 54. (1) The public debt of the existing State of Punjab attri- butable to loans raised by the issue of Government securities and outstanding with the public immediately before the appointed day shall, on and from that day, be the debt of the State of Punjab, and—

IO

((a) the other successor States shall be liable to pay to the State of Punjab their shares of the sums due from time to time for the servicing and repayment of the debt, and

(b) for the purpose of determining the said shares, the debt shall be deemed to be divided between the successor States as if it were a debt refered to in sub-section (4).

15

(2) The public debt of the existing State of Punjab attributable to loans taken from the Central Government, the National Co-opera- tive Development Corporation or the Khadi and Village Industries Commission or from any other source for the purpose of re-lending the same to a specific institution or class of institutions and outstand- ing immediately before the appointed day shall—

20

(a) if re-lent to any local body, body corporate or other institution in any local area, be the debt of the successor State in whose territories the local area is included on the appointed day; or

25 (b) if re-lent to the Punjab State Electricity Board or any other institution which becomes an inter-State institution on the appointed day, be divided between the successor States in the same proportion in which the assets of such body corporate or institution are divided under the provisions of Part VII.

30

35

(3) The public debt of the existing State of Punjab attributable to loans taken from the Central Government for the Beas Project and the Bhakra-Nangal Project as defined in sub-section (4) of section 78 shall be divided between the successor States in such proportion as may be agreed upon between thorn, or if no agreement is enterd into within two years from the appointed day, as may be fixed by order of the Central Government.

(4) The remaining public debt of the existing State of Punjab attributable to loans taken from the Central Government, the Reserve Bank of India or any other body or hank before the appointed day shall be divided between the successor States in proportion to the 40

total expenditure on all capital works and other capital outlays in-

curred or deemed to have been incurred up to the appointed day in

the territories of the existing State of Punjab included respectively

in each of those successor States:

5 Provided that in computing such expenditure, the expenditure on the Beas Project and the Bhakra-Nangal Project as denned in sub- section (4) of section 78 shall he excluded and the expenditure on other assets for which capital accounts have been kept shall be taken into account.

io Explanation.'—Where any expenditure on capital works or other capital outlays cannot be allocated betwo|en the territories included in the successor States, such expenditure shall, for the purpose of this sub-section, be deemed to have been incurred in those territories according to the population ratio.

15 (5) Where a sinking fund or depreciation fund is maintained by the existing State of Punjab for repayment of any loan referred to in sub-section (3), the securities held in respect of the investments made from that fund shall be divided between the successor States in the same proportion and in the same manner as the public debt referred to in sub-section (3).

20

25 (6) Where a sinking fund or depreciation fund is maintained by the existing State of Punjab for the repayment of any loan raised by it other than a loan referred to in sub-section (3), the securities held in respect of the investments made from that fund shall be divided between the successor States in the same proportion as the public debt referred to in sub-section (4).

30 18 of 1944.

(7) In this section, the expression "Government security" means a security created and issued by a State Government for the purpose of raising a public loan and having any of the forms specified in, or prescribed under, clause (2) of section 2 of the Public Debt Act, 1944.

Refund of taxes col- lected in excess.

35 55. The liability of the existing State of Punjab to refund any tax or duty on property, including land revenue, collected in excess shall bei the liability of the successor State in whose territories the property is situated, and the liability of the existing State of Punjab to refund any other tax or duty collected in excess shall be the liability of the successor State in whose territories the place of assessment of that tax or duty is included.

Deposits,

etc. 56. (1) The liability of the existing State of Punjab in respect of any civil deposit or local fund deposit shall, on and from the 40

appointed day, be the liability of the successor State in whose territo- ries the deposit has been made:

5

Provided that if the deposit is made in any area outside the exist- ing State, the liability shall be that of the State of Punjab in the first instance and shall be adjusted between the successor States accord- ing to the population ratio.

10

(2) The liability of the existing State of Punjab in respect of any charitable or other endowment shall, on and from the appointed day, be the liability of the successor State in whose territories the institution entitled to the benefit of the endowment is located or of the successor State to which the objects of the endowment, under the terms thereof, are confined.

Provident fund.

15

57. (1) The liability of the existing State of Punjab in respect of the provident fund account of a Government servant in service on the appointed day shall, on and from that day, be the liability of the successor State to which that Government servant is perma- nently allotted.

20

(2) The liability of the existing State of Punjab in respect of the provident fund account of a Government servant who has retired from service before the appointed day shall be the liability of the State of Punjab in the first instance and shall be adjusted between the successor States according to the population ratio.

Pensions.

25

58. The liability of the existing Stale of Punjab in respect of

pensions shall pass to, or be apportioned between, the successor

States in accordance with the provisions contained in the Fourteenth

Schedule.

Contracts.

59. (1) Wheire before the appointed day the existing State of

Punjab has made any contract in the exercise of its executive power

for any purposes of the State, that contract shall be deemed to have

been made in the exercise of the executive power—

30

(a) if the purposes of the contract are, on and from the appointed day, exclusively purposes of any one of the successor States,—of that State; and

35

(b) if the purposes of the contract are, on and from that day, not exclusively purposes of any one of the successor States,— of the State of Punjab,

and all rights and liabilities which have accrued, or may accrue,

under any such contract shall, to the extent which they would have

been rights or liabilities of the existing State of Punjab, be rights or

liabilities of the successor State or, as the case may be, the State of Punjab specified above:

5 Provided that in any such case as is referred to in clause (b), the initial allocation of rights and liabilities made by this sub-section shall be subject to such financial adjustment as may be agreed upon between all 'the successor States concerned, or in default of such agreement, as the Central Govefrmnent may by order direct.

(2) For the purposes of this action, there shall be deemed to be included in the liabilities which have accrued or may accrue under any contract— io

(a) any liability to satisfy an order or award made by any court or other tribunal in proceedings rebating to the contract; and

• • • • • •

(b) any liability in respect of expenses incurred in or in connection with any such proceedings.

15

(3) This section shall have effect subject to the other provisions of this Part relating to the apportionment of liabilities in respect of loans, guarantees and other financial obligations; and bank balances and securities shall, notwithstanding that they partake of the nature of contractual rights, be dealt with under those provisions. 20

60. Where, immediately before the appointed day, the existing State of Punjab is subject to any liability in respect of an actionable wrong other than breach of contract, that liability shall*—

Liability in respect of action- able wrong.

²5 (a) if the cause of action arose wholly within the territories which on and from that day are the territories of one of the successor States, be a liability of that successor State; and

30 (b) in any other case, be initially a liability of the State of Punjab, but subject to such financial adjustment as may be agreed upon between all the successor States concerned, or in default of such agreement, as the Central Government may by order direct.

territories of one of the successor States, be a liability of that successor State; and

(b) in any other case, be a liability of the State of Punjab:

5

Provided that in any such ca*e as is referred to in clause (b), the initial allocation of liabilities under this section shall be subject to such financial adjustment as may be agreed upon between all the successor States, or in default of such agreement, as the Central Government may by order direct

Items in suspence.

10

62. If any item in suspense is ultimately found to affect an asset or liability of the nature referred to in any of the foregoing provisions of this Part, it shall be dealt with in accordance with that provision.

Residuary provision.

15

63. The benefit or burden of any assets or liabilities of ihc existing State of Punjab not dealt with in the foregoing provisions of this Part shall pass to the State of Punjab in the first instance, subject to such financial adjustment as may be agreed upon between all the successor States before the 1st day of November, 1967, or in default of such agreeinen< as the Central Government may by order direct.

2O

Appor- tion- ment of assets or liabilities by agree- ment.

64. Whore the successor States agree that the benefit or burden of any particular asset or liability should be apportioned between them in a manner other than that provided for in the foregoing provi- sions of this Part, then, notwithstanding anything contained iherein. the benefit or burden of that asset or liability shall be apportioned in the manner agreed upon.

25

30

Power of central Govern- ment to order allo- cation or adjust- ment in certain cases.

35

65. Where, bv virtue of any of the provisions of this Part, any of the successor States becomes entitled to any property or obtains any benefits or becomes subject to any liability;, and the Central Govern- ment is of opinion, on a reference made within a period of three years from the appointed day by any State that it is just a.ul ennliuhl •that that property or those benefits should be transferred to, or shared with, one or more of the other successor States, or that a contribution towards thot liability should be made by one or more of the other successor States, the said property or benefits shall be allocated in such manner, or the other successor State or States shall make

W Q of I~^r

5 6C. All sums payable by the Union to any State or by any State to any other State or to the Union by virtue of the provisions of this Part, or subsection (4) of section 72, or section 77, or Part Vm shall be charged on the Consolidated Fund of India, or as the case may be, the Consolidated Fund of the State by which such sums are payable:

Certain expendi- ture to be charged on the Consoli- dated Fund.

IO Provided that where any sums are payable as aforesaid by the Union in relation to the transferred territory, the Central Govern- ment may by order direct that sums payable in respect of such liabilities as may be specified therein shall be charged on the Consoli- dated Fund of the Union territory of Himachal Pradesh.

PART VII

PROVISIONS AS TO CERTAIN CORPORATIONS

67. (7) The following bodies corporate constituted for the exist-

15 ing State of Punjab, namely: —

(a) the State Electricity Board constituted under the Elec-

54 of 1948.

Provisions as to oertain Corpora- tions.

tricity Supply Act, 1948; and

(h) the State Warehousing Corporation established under

59 of 1962.

the Warehousing Corporations Act, 1962,

20 shall, on and from the appointed day, continue to function in those areas in respect of which they were functioning immediately before that day subject to the provisions of this section and to such directions as may, from time to time, be issued by the Central Government.

25 (2) Any directions issued by the Central Government under sub-section (7) in respect of the Board or the Corporation may in- clude a direction that the Act under which the Board or the Corpo- ration was constituted shall, in its application to that Board or Cor- poration, have effect subject to such exceptions and modifications as the Central Government thinks fit.

30

35 (3) The Board or the Corporation referred to in sub-section (7) shall cease to function as from, and shall be deemed to be dissolved on, the 1st day of November, 1967, or such earlier date as the Central Government may, by order, appoint and upon such dissolution, its assets, rights and liabilities shall be apportioned between the succes- sor iiates in such manner as may be agreed upon among them within one year of the dissolution of the Board or the Corporation, as the case may be, or if no agreement is reached, in such manner as the Central Government may, by order, determine,

5

(•i) Nothing in the preceding provisions of this section shall be consliued as preventing the Government 01 any of the successor Stales from constituting at any time on or after the appointed day, a State Electricity Board or a State Warehousing Corporation for that State under the provisions of the Act relating to such Board or Cor- poration; and if such a Board or a Corporation is so constituted in any of the successor States before the dissolution of the Board or the Corporation referred to in sub-section (7) ,—

10

(a) provision may be made by order of the Central Govern- ment enabling the new Board or the new Corporation to take over from the existing Board or Corporation all or any of its undertakings, assets, rights and liabilities in that State, and

15

(b) upon the dissolution of the existing Board or Corpora- tion, any assets, rights and liabilities which would otherwise have passed to that State by or under the provisions of sub- section (3) shall pass to the new Board or the new Corporation instead of to that State.

20

25

Continu- ance of arrange- ments in regard to genera- tii. a and supply of electric power and supply of water.

08. If it appears to the Central Government that the arrangement in regard to the generation or supply of electric power or the supply of water for any area or in regard to the execution of any project for such generation or supply has been or is likely to be modified to the disadvantage of that area by reason of the fact that it has been transferred by the provisions of Part II from the State in which the power stations and other installations for the generation and supply of such power, or the catchment area, reservoirs and other works for the supply of watery as the case may be, are located, the Central Government may give such directions as it deems fit, to the State Government or other authority concerned for the maintenance, so far as practicable, of the previous arrangement.

30

88 of 1951.

35

Provisions as to Punjab State Financial Corpora^- tion. (i9. (7) The Punjab State Financial Corporation established under the State Financial Corporations Act, 1951, shall on and from the appointed day continue to function in those areas in respect of which it was functioning immediately before that day subject to the provisions of this section and to such directions, as may from time to time, be issued by the Central Government.

40

(2) Any directions issued by the Central Government under sub- section (i) in respect of the Corporation may include a direction that the said Act, in its application to the Corporation, shall have effect subject to such exceptions and modifications as may be speci- fied in the direction.

5

io (3) Notwithstanding anything contained in sub-section (1) or sub-section (2), the Board of Directors of the Corporation may, with the previous approval of the Central GovernmeM and shall, if so re- quired by the Central Government, convene at a,*/ time after the ap- pointed day a meeting for the consideration of a scheme for the re- constitution or reorganisation or dissolution, as the case may be, of the Corporation, including proposals regarding the formation of new corporations and the transfer thereto of the assets, rights and liabili- ties of the existing Corporation, and if such a scheme is approved at a general meeting by a resolution passed by a majority of the share- holders present and voting, the scheme shall be submitted to the Central Government for its sanction.

i5 (4) If the scheme is sanctioned by the Central Government either without modifications or with modifications which are approved at a general meeting, the Central Government shall certify the scheme, and upon such certification the scheme shall, notwithstanding any- thing to the contrary contained in any law for the time being in force, be binding on the corporation affected by the scheme as well as the shareholders and creditors thereof.

20

35 (5) If the scheme is not so approved or sanctio \ed, the Central Government may refer the scheme to such Judge of the Nigh Court of Punjab and Haryana as may be nominated in this behalf by the Chief Justice thereof and the decision of the Judge in regard to the scheme shall be final and shall be binding on the Corporations affect- ed by the scheme as well as the shareholders and creditors thereof.

30 (6) Nothing in the preceding provisions of this section shall be construed as preventing the Government of the State of Haryana or Punjab from constituting at any time after the appointed day and with the approval of the Central Government, a State Financial Corporation for that State under the State Financial Corporations Act, 1951.

63 of 1W1.

70. In the Multi-Unit Co-operative Societies Act, 1942, after sec-

tion 5C, the following section shall be inserted, namely: —

Amend- ment of Act 6 of 1942.

35 "5D. (1) Where, in respect of any co-operative society speci- fied in the fifteenth Schedule to the Punjab Reorganisation Act, 1966, which under the provisions of sub-section (7) of section 5A would become a multi-unit co-operative society, the Board of Directors adopts, by a majority ot not less than three-fourths of the directors, any scheme for the reconstitution, reorganisation or dissolution of the society, including proposals regarding— 40 Transi- tional provision relating to certain multi 1 nit co- operative societies.

(a) the formation of new co-operative societies and the

transfer thereto, in whole or in part, of the assets and liabilities and employees of that society; or

5

(£>) the transfer, in whole or in part, of the assets and liabili- ties and employees of that society to any other co-operative so- ciety in the existing State of Punjab or in the Union territory oi Himachal Pradesh;

10

15

and. the State Government of Punjab certifies the scheme at any time before the 1st day of November, 1966, then, notwithstanding anything contained in sub-section (2) or sub-section (3) or sub- section (4) of the said section or any other law, regulation or bye- law for the time being in force in relation to that society, the scheme so certified shall be binding on all societies affected by the scheme, as well as the shareholders, creditors and employees of all such so- cieties, subject to such financial adjustments as may be directed in this behalf under sub-section (3), but no such sheme shall be given effect to before the said day:

20

Provided that where a scheme includes any proposal regarding the transfer of assets and liabilities and employees to any co-opera- tive society referred to in clause (b), the scheme shall not be binding on that existing society or the shareholders and creditors thereof, unless the proposal relating to such transfer is accepted by the exist- ing society by a resolution passed by a majority of the members present at a meeting of its general body.

25

(2) When a scheme in respect of a co-operative society is so certi- fied, the Central Registrar shall place the scheme at a meeting, held in such manner as may be prescribed by rules made under this Act, of all the persons who, immediately before the date of certification of the scheme, were members of the society, and the scheme may be approved by a resolution passed by a majority of the members pre- sent and voting at the said meeting.

30

35

(3) If the scheme is not so approved or is approved with modifica- tions, the Central Registrar may refer the scheme to such Judge of the High Court of Punjab and Haryana as may be nominated in this behalf by the Chief Justice thereof and the Judge may direct such financial adjustments to be made among the societies affected as he deems necessary, and the scheme shall be deemed to be approved sub. ject to those financial adjustments.

40

(4) If, in consequence of the directions given under sub-section (3), a society becomes liable to pay any sum of money, the successor ¹ State within whose area the society is located shall be deemed to be guarantor in respect of the payment of such money and shall be liable as such.".

of 194B.

Provision as to co- r/perative banks.

5 11. Notwithstanding anything contained in section 22 of the Bank- ing Regulation Act, 1949, where on account ol Ihe reorganisation of the exisung fckalt: of Punjab, a co-operative bank is newly lormed on the appointed day or within three months thereox in any of the successor States, it may commence and conduct banking business without ob- taining a licence under that section from the .Reserve Bank at; India, until it is granted such a licence or until it is informed by the Reserve Bank of India that such a licence cannot be granted to it;

10 Provided that such bank applies 10 the Reserve Bank of India for such a licence within a period of three months from the date of for- mation of the bank.

15 General provisions as to sta- tutory corpora- tions.

20 72. (1) Save as otherwise expressly provided by the foregoing provisions of this Part, where any body corporate constituted under a Central Act, State Act or Provincial Act for the existing State ot Punjab or any part thereof serves the needs of the successor States or has, by virtue of the provisions of Part II, become an inter-State boay corporate, then, the body corporate shall, on and from the appointed day, continue to function and operate in those areas in respect of which it was functioning and operating immediately be- fore that day, subject to such directions as may from time to time be issued by the Central Government, until other provision is made by law in respect of the said body corporate.

²5 (2) Any direction issued by the Central Government under sub- section (J) in respect of any such body corporate may include a direction that any law by which the said body corporate is governed shall, in its application to that body corporate, have effect, subject to such exceptions and modifications as may be specified in the direc- tion.

30 (3) J^or the removal of doubt it is hereby declared that the pro- visions of this section shall apply also to the Punjab University con- stituted under the Punjab University Act, 1947, the Punjab Agri- cultural University constituted under the Punjab Agricultural Uni- versity Act, 1&61, and the Board constituted under the provisions o'f Part 111 of the Sikh Gurdwaras Act, 1925.

35

East Punjab Act 7 of 1947. Punjab Act 32 of 1961. Punjab Act 8 of 1925.

40 (4) For the purpose of giving effect to the provisions of this section in so far as it relates to tho Punjab University and the Punjab Agricultural University referred to in sub- section (2) the successor States make such grants as the Central Government may, from time to time, by order, de- termine.

73. (1) Notwithstanding anything contained in the Companies

Act, 1956, each of the following companies, namely: —

1 of 1990.

(i) the Punjab Export Corporation;

Provision as to certain companies,

(ii) the Punjab State Small Industries Corporation; and

(Hi) the Punjab Dairy Development Corporation;

5

shall, on and from the appointed day, continue to function in the areas in respect of which it was functioning Immediately bpfore that day, subject to such directions as may, from time to time, be issued by the Central Government.

(2) Any directions issued under sub-section (1) in resnect of a company referred to in that sub-section, mav include directions—

10

(o) regarding the division of the interests and shares of the existing State of Punjab in the company among the successor States;

(b) requiring? the ^constitution of the Board of Directors of the companv so as to give adequate representation to all the successor States.

15

4 of 1939.

20

Tempo- rary pro- visions as to conti- nuance of certain existing road transport permits. 74, (1) Notwithstanding anything contained in section 63 of the Motor Vehicles Art 1939, a permit granted by the State or a Retrion- al Transport Authority in the existing State of Punjab shall, if such permit was, immediately before the appointed day. valid and effec- tive in any area therein, be deemed to continue to be valid and effective in that area after that day subject to the provisions of that Act as for the time being in force in that area and it shall not ho necessary for any such nermit to he countersigned by any State or Regional Transport Authority for the purpose of validating it for use in such area:

25 Provided that the Central Government may. after consultation with the State Government or Governments concerned, add to. amend or vary the conditions attached to the permit by the autho- rity by which the permit was granted.

30

(2) No tolls, entrance fees or other charges of a like nature shall be levied after the appointed day in respect of any transport vehicle for its operations in any of the successor States under any such per- mit, if such vehicle was immediately before that day exempt from the payment of any such toll, entrance fees or other charges for Its operations within the existing State of Punjab:

35 Provided that the Central Government may, after consultation with the State Government or Governments concerned, authorise the levy of any such toll, entrance fees or other charges, as the case may b".

5 Special provision relating to retrench- ment- compensa- tlon in certain cases.

10

14 Of 1MT.

15 75. Where, on account of the reorganisation of the existing State of Punjab under this Act, any body corporate constituted under a Central Act, State Act or Provincial Act, any co-operative society registered under any law relating to co-operative societies or any commercial or industrial undertaking of that State is reconstituted or reorganised in any manner whatsoever or is amalgamated with any other body corporate, co-operative society or undertaking, or is dissolved, and in consequence of such reconstitution, reorganisation, amalgamation or dissolution, any workman employed by such body corporate of any such co-operative society or undertaking, is trans- ferred to, or re-employed by any other body corporate, or in any other co-operative society or undertaking, then notwithstanding anything contained in section 25F, 25FF or 25FFF, of the Industrial Disputes Act, 1947, such transfer or re-employment shall not entitle him to any compensation under that section:

Provided that—

(a) the terms and conditions of service applicable to the workman after such transfer or re-employment are not less favourable to the workman than those applicable to him imme- diatelv before the transfer or re-employment; and 20

² 5

14 of 1947.

(b) the employer in relation to the body corporate, the co- operative society or the undertaking where the workman transfer- red or re-employed is, by agreement or otherwise, legally liable to pay to the workman, in the event of his retrenchment, com- pensation under section 25F, 25FF or 25FFF of the Industrial Dis- putes Act, 1947, on the basis that his service has been continu- ous and has not been interrupted by the transfer or re-employ- ment.

30 Special provision as to income-tax

35 43 of 1981.

40 76. Where the assets, rights and liabilities of any body corporate carrying on business are, under the provisions of this Part, trans- ferred to any other bodies corporate which after the transfer carry on the same business, the losses of profits or gains sustained by the body corporate first mentioned which, but for such transfer, would have been allowed to be carried forward and set off in accordance with thp provisions of Chapter VI of the Income-tax Act, 1961, shall be apportioned amongst the transferee bodies corporate in accord- ance with the rules to be made by the Central Government in this behalf and, upon such apportionment, the share of loss allotted to each transferee body corporate shall be dealt with in accordaw* with the provisions of Chapter VI of the said Act as if the * " • * * "* body corporate had itself sustained such loss in a business carried on by it In the years In which these losses were sustained,

5

Continu- ance of facilities in cer- tain State institu- tions.

ro

77.(1) The Government of the State of Haryana or Punjab ,or, as the case may be, the Central Government in relation to the trans- ferred territory or the Union territory of Chandigarh, shall in respect of the institutions specified in the Sixteenth Schedule located in the State or territory aforesaid continue to provide facilities to any other Government aforesaid and the people of the States and territories aforesaid which shall not, in any respect, b© less favourable to such Government and people than what were being provided to them before the appointed day for such period and upon such terms and conditions (including those relating to any contributions to be made for the provision of such facilities) as may bo agreed upon between the said Governments before the 1st day of April, 1967, or if no agreement is reached by the said date, as may be fixed by order of the Central Government.

15

20

(2) The Central Government may, at any time before the 1st day of April, 1967, by notification in the Official Gazette, specify in the Sixteenth Schedule any ctther institution existing on the appointed day in the said States and territories and on the issue of such noti- fication, the Schedule shall be deemed to be amended by the inclusion of the said institution therein.

PART VIII

BHAKRA-NANGAL AND BEAS PROJECTS

25

Rights and liabi- lities in regard to Bhakra- Nangal and Beas Projects.

30

78. (1) Notwithstanding anything contained in this Act but subject to the provisions of sections 79 and 80, all rights and liabili- ties of the existing State of Punjab in relation to Bhakra-Nangal Project and Beas Project shall, on the appointed day, be the rights and liabilities of the successors States in such proportion as may be fixed, and subject to such adjustments as may be made, by agree- ment entered into by the said S'tates after consultation with the Central Government or, if to such agreement is entered into within two years of the appointed¹ day, as the Central Government may by order determine having regard to the purposes of the Projects:

Provided 'that the order so made by the Central Government may be varied by any subsequent agreement entered into by the successor States after consultation with the Central Government 35

40

(2) An agreement or order referred to in sub-section (1) shall, If there "has been an extension or further development of either of the projects referred to in that sub-section after the appointed day, provide also for the rights and liabilities of the successor States in relation to such extension or further development.

548 G of 1—5.

(3) The rights and laibilities referred to in sub-sections (2) and (2) shall include—

(a) the rights to receive and to utilise the water available for distribution as a result of the projects, and

5 (b) the rights to receive and to utilise the power genera- ted as a result of the projects,

10 but shall not include the rights and liabilities under any contract entered into before the appointed day by the Government of the existing State of Punjab with any person or authority other than Government.

(4) In this section and in sections 79 and 80,—

(A) "Beas Project" means the works which are either under construction or are to be constructed as components of the Beas-Satlej Link Project (Unit I) and Pong Dam Project on the Beas river (Unit II) including— i^ (i) Beas-Sutlej Link Project (Unit I) comprising—

(a) Pandoh Dam and works appurtenant thereto,

(b) Pandoh-Baggi Tunnel,

(c) Sundernagar Hydel Channel,

20 (d) Sundernagar-Sutlej Tunnel,

(e) By-pass Tunnel,

(f) four generating units each of 165 M.W. capacity at Dehar Power House on the right side of Sutlej river, (g) fifth generating unit of 120 M.W. capacity at Bhakra Right Bank Power House, 25

(h) transmission lines,

(i) Balancing Reservoir;

(ii) Pong Dam Project (Unit II) comprising—

(a) Pong Dam and works appurtenant thereto,

(b) Outlet Works,

30 (c) Penstock Tunnels,

(d) Power plant with four generating units of 60 M W pnnh:

(Hi) such other works as are ancillary to the works aforesaid and are of common interest to more than one State;

(B) "Bhakra-Nangal Project" means—

(i) Bhakra Dam, Reservoir and works appurtenant 5

thereto;

(ii) Nangal Dam and Nangal-Hydel Channel;

(Hi) Bhakra Main Line and canal system;

10

(iv) Bhakra Left Bank Power House, Ganguwal Power House and Kotla Power House, switch-yards, sub-stations and transmission lines;

(v) Bhakra Right Bank Power House with four units of 120 M.W. each.

15

79. (1) The Central Government shall constitute a Board to be called the Bhakra Management Board for the administration, main- tenance and operation of the following works, namely:—•

Bhakra Manage- ment Board.

(a) Bhakra Dam and Reservoir and works appurtenant thereto;

(b) Nangal Dam and Nangal-Hydel Channel up to Kotla Power House;

²⁰ (c) the irrigation headworks at Rupar. Harifee and Feroze- pur;

(d) Bhakra Power Houses:

25

Provided that the administration, maintenance and ope- ration by the said Board of the generating units of the Right Bank Power House as have not been commissioned shall com- mence as and when any such unit has been commissioned;

(e) Ganguwal and Kotla Power Houses;

(f) Sub-stations at Ganguwal, Ambala, Hissar and Delhi; and

3Q

(g) such other works as the Central Government may, by notification in the Official Gazette, specify. (2) The Bhakra, Management Board shall consist of'—

(a) a Chairman to be appointed by the Central Government;

(b) a representative each of the Governments of the States of Punjab, Haryana and Rajasthan and the Union territory of

Himachal Pradesh to be nominated by the respective Govern- ments or Administrator, as the case may be;

(c) two representatives of the Central Government to be nominated by that Government.

(3) The functions of the Bhakra Management Board shall 5 Include—

(a) the regulation of the supply of water from the Bhakra- Nangal Project to the States of Haryana, Punjab and Rajasthan having regard to-*—

10 (i) any agreement entered into or arrangement made between the Governments of the existing State of Punjab and the State of Rajasthan, and

(ii) the agreement or the order referred to in sub-section (1) of section 78;

15 (b) the regulation of the supply of power generated at the power houses referred to in sub-section (1) to any Electricity Board or other authority in charge of the distribution of power having regard to—

20 (i) any agreement entered into or arrangement made between the Governments of the existing State of Punjab and the State of Rajasthan,

(ii) the agreement or the order referred to in sub-section (1) of section 78, and

25 (in) any agreement entered into or arrangement made by the existing State of Punjab or the Punjab Electricity Board or the State of Rajasthan or the Rajasthan Electricity Board with any other Electricity Board or authority in charge of distribution of power before the appointed day in relation to the supply of power generated at the power houses specified in sub-section (1);

3O

(c) the construction of such of the remaining works connect- ed with the Right Bank Power House as the Central Government may specify;

35 (d) such other functions as the Central Government may: after consultation with the Governments of the States of Haryana Punjab and Rajasthan, entrust to it.

(4) The Bhakra Management Board may employ such staff as it may consider necessary for the efficient discharge of Its functions under this Act:

5

Provided that every person who immediately before the constitu- tion of the said Board was engaged in the construction, maintenance or operation of the works in sub-section (1) shall continue to be so employed under the Board in connection with the said works on the same terms and conditions of service as were applicable to him before such constitution until the Central Government by order directs otherwise;

10

Provided further that the said Board may at any time in consul- tation with State Government or the Electricity Board concerned and With the previous approval of the Central Government return any such person for service under that Government or Board.

(5) The Governments of the successor States and of Rajasthan

*5

shall at all times provide the necessary funds to the Bhakra Management Board to meet all expenses (including the salaries and allowances of the staff) required for the discharge of its functions and such amounts shall be apportioned among the successor States, the State of Rajasthan and Electricity Boards of the said States in such proportion as the Central Government may, having regard to the benefits to each of the said States or Boards, sntrifw

20 (6) The Bhakra Management Board shall be under the control of the Central Government and shall comply with such directions, as may from time to time, be given to it by that Government.

25

(7) The Bhakra Management Board may with the approval of the Central Government delegate such of its powers, functions and duties as it may deem fit to the Chairman of the said Board or to any officer subordinate to the Board.

30

(8) The Central Government may, for the purpose of enabling the Bhakra Management Board to function effectively, issue such direc- tions to the State Governments of Haryana, Punjab and Rajasthan and the Administrator of the Union territory of Himachal Pradesh or any other authority, and the State Government, Administrator or authority shall comply with such directions.

35

(9) The Bhakra Management Board may, with the previous ap- proval of the Central Government and by notification in the Official Gazette, make regulations consistent with this Act and the rules made thereunder, to provide for—

(a) regulating the time and place of meetings of the Board and the procedure to be followed for the transaction of. business at such meetings;

(b) delegation of powers and duties to the Chairman or any officer of the Board;

(c) the appointment, and the regulation of the conditions of service, of the officers and other staff of the Board;

5 (d) any other matter for which regulations are considered necessary by the Board.

Construc- tion of Beas Project.

10 80. (1) Notwithstanding anything contained in this Act or in any other law, the construction (including the completion of any work already commenced) of the Beas Project shall, on and from the ap- pointed day, be undertaken by the Central Government on behalf of the successor States and the State of Raiasthan:

15 Provided that the Governments of the successor States and the State of Rajasthan shall at all times provide the necessary funds to the Central Government for the expenditure on the Project [including the expenses of the Board referred to in suh-section (2)] and such amounts shall be apportioned among the successor States and the State of Rajasthan in such proportion as may be fixed by the Central Government after consultation with the Governments of the said States.

20 (2) For the discharge of its functions under sub-section (1), the Central Government may—

25 (a) by notification in the Official Gazette and In consultation with the Governments of the successor States and the State of Rajasthan, constitute a Board to be called the Beas Construction Board with such members as it may deem fit and assign to the Board such functions as it may consider necessary; and

30 (b) issue such directions to the State Governments of Har- yana, Punjab and Rajasthan and the Administrator of the Union territory of Himachal Pradesh or any other authority, and the State Governments, Administrator or other authority shall com- ply with such directions.

(3) The notification constituting a Board under clause (a) of sub- section (2) may empower the Board to appoint such staff as may be necessary for the efficient discharge of its functions:

35 Provided that every person who immediately before the constitu- tion of the Board was engaged in the construction of any work relat- ing to the Beas Project shall continue to be so employed by the Board Ji} connection with the said works on the same terms and conditions

of service as were applicable to him before such constitution until the Central Government by order directs otherwise:

5

Provided further that the Board may at any time in consultation with the State Government or the Electricity Board concerned and with the previous approval of the Central Government return any such person for service under that Government or Board.

10

(4) Nothing contained in this section shall be construed as enabl- ing the Central Government to reduce or enlarge the scope of the Beas Project as agreed to between the Governments of the State of Rajasthan and the existing State of Punjab except after consultation with the Governments of the States of Haryana, Punjab and Rajas- than.

15

(5) Any component of the Beas Project in relation to which the construction has been completed after the appointed day may be transferred by the Central Government to the Board constituted under section 79 whereupon the provisions of that section shall apply as If it were a work included in sub-section (I) of that section.

20

(6) The Bhakra Management Board constituted under section 79 shall be re-named as the Bhakra Beas Management Board when any of the components of the Beas Project has been transferred under sub-section (5), and the Beas Construction Board shall cease to exist when all the components of the Beas Project have been so transferred.

FART IX

PROVISIONS AS TO SERVICES

25 81. (1) In this section, the expression "State cadre"—

(a) in relation to the Indian Administrative Service, has the meaning assigned to it in the Indian Administrative Service (Cadre) Rules, 1954, and

Provi- sions relating to All- India Service*.

(b) in relation to the Indian Police Service, has the meaning assigned to it in the Indian Police Service (Cadre) Rules, 1954.

30

35

(2) In place of the cadres of the Indian Administrative Service and the Indian Police Service for the existing State of Punjab, there shall, on and from the appointed day, be two separate cadres, one for the State of Punjab and the other for the State of Haryana, in respect of each of these Services.

(3) The initial strength and composition of each of the State cadres for the States of Punjab and Haryana and the strength and composition of the Delhi-Himachal Pradesh States cadres shall be

such as the Central Government may, by order, determine before

the appointed day.

5 {4) The members of each of the said Services borne on the State cadres for the existing State of Punjab immediately before the ap- pointed day shall be allocated to the State cadres of the same Service for each of the States of Punjab and Haryana and to the Dell*i-Hima- chal Pradesh State cadres in such manner and with effect from such date or dates as the Central Government may, by order, specify.

10 61 of 1951.

(5) Nothing in this section shall be deemed to affect the operation, on or after the appointed day, of the All-India Services Act, 1951, or the rules made thereunder in relation to the State cadres of the said Services referred to in sub-section (3) and in relation to the mem- bers of those Services borne on the said cadres.

15 Provision relating to other Services.

82. (1) Every person who immediately before the appointed day

is serving in connection with the affairs of the existing State of

Punjab shall, on and from that day, provisionally continue to serve

in connection with the affairs of the Stalte of Punjab unless he is

required, by general or special order of the1 Central Government, to

serve provisionally in connection with the affairs of any other

successor State.

20

30 35

(5) The foregoing provisions of this section shall not apply in re-

lation to any person to whom the provisions of section 81 apply.

5

(6) Nothing in this section shall be deemed to affect on or after the appointed day the operation of the provisions of Chapter I of Part XIV of the Constitution in relation to the determination of the condi- tions of service of persons serving in connection with the affairs of the Union or any State:

10

Provided that the conditions of service applicable immediately before the appointed day to the case of any person referred to in sub- section (1) or sub-section (2) shall not be varied to his disadvantage except with the previous approval of the Central Government.

15

Provi- sions as to conti- nuance of officers in the same posts.

83. Every person who immediately before the appointed day is holding or discharging the duties of any post or office in connection with the affairs of the existing Stale of Punjab in any area which on I that day falls within any of the successor States shall continue to hold the same post or office in that successor State and shall be deemed, on and from that day, to have been duly appointed to the post or office by the Government of, or other appropriate authority in, that successor State:

20 Provided that nothing in this section shall be deemed to prevent a competent authority on or after the appointed day from passing in relation to such person any order affecting his continuance in such post or office.

Power of Central Govern- ment to give direc- tions.

25 84. The Central Government may give such directions to the State Governments of Punjab and Haryana and to the Administrators of the Union territories of Himachal Pradesh and Chandigarh as may appear to it to be necessary for the purpose of giving effect to the foregoing provisions of this Part and the State Governments and the Administrators shall comply with such directions.

30 85. (1) The Public Service Commission for the existing State ot Punjab shall, on and from the appointed day, become the Public Ser- vice Commission for the State of Punjab.

Provi- sions as to Punjab Public Seivlce Commis-

35

(2) The report of the Punjab Public Service Commission as to the work done by the Commission in respect of any period prior to the appointed day shall be presented under clause (2) of article 323 to the Governors of Punjab and Haryana, and the Governor of Punjab shall, on receipt of such report, cause a copy thereof together with a memorandum explaining as far as possible, as respects the cases, if any, where the advice of the Commission was not accepted the reasons for such non-acceptance to be laid before the Legislature of the State 4o

548 G of 1—6.

of Punjab and it shall not be necessary to cause such report or any such memorandum to be laid before the Legislative Assembly of Haryana.

PART X

LEGAL AND MISCELLANEOUS PROVISIONS

5

86. In clause (a) of section 15 of the States Reorganisation Act,

1956,—

Amend- ment of Act 37 of 1956.

(i) for the word "Punjab", the words "Haryana, Punjab"

shall be substituted;

(ii) for the words "anil Himachal Pradesh", the words

10 "Himachal Pradesh and Chandigarh" shall he substituted.

87. The Central Government may, by notification in the Official Gazette, extend with such restrictions or modifications as it thinks fit, to the Union territory of Chandigarh any enactment which is in force in a State at the date of the notification.

15 Power to extend enact- ments to Chandi- garh.

Territo- rial extent of laws.

20 88. The provisions of Part II shall not be deemed to have effected any change in the territories to which any law in force immediately before the appointed day extends or applies, and territorial references in any such law to the State of Punjab shall, until otherwise provided by a competent Legislature or other competent authority, be constru- ed as meaning the territories within that State immediately before the appointed day.

Power to adapt laws.

25

30 89. For the purpose of facilitating the application in relation to the State of Punjab or Haryana or to the Union territory of Himachal Pradesh or Chandigarh of any law made before the appointed day, the appropriate Government may, before the expiration of two years from tbat day, by order, make such adaptations and modifications of the law, whether by way of repeal or amendment, as may be neces- sary or expedient, and thereupon every such law shall have effect subject to the adaptations and modifications so made until altered, repealed or amended by a competent Legislature or other competent authority.

Explanation.—In this section, the expression "appropriate Govern-

ment" mean#^-

(a) as respects any law relating to a matter enumerated ln

35

tho Union List, the Central Government; and

(b) as respects any other law,—

(i) in its application to a State, the State Government, and

(ii) in its application to a Union territory, the Central

Government.

5

Power to construe laws,

'O

90. Notwithstanding that no provision or insufficient provision has been made under section 89 for the adaptation of a law made before the appointed day, any court, tribunal or authority, required or em- powered to enforce such law may, for the purpose of facilitating Its application in relation to the State of Punjab or Haryana, or to the Union territory of Himachal Pradesh or Chandigarh construe the law in such manner, without affecting the substance, as may be necessary or proper in regard to the matter before the court, tribunal or autho- rity.

15

20

Power to name authori- ties etc., for exer- cising statutory functions.

91. The Central Government, as respects the Union territory of Chandigarh or the transferred territory, and the Government of the State of Haryana as respects the territories thereof may, by notifica- tion in the Official Gazette, specify the authority, officer or person who, on and from the appointed day, shall be competent to exercise such functions exercisable under any law in force on that day as may be mentioned in that notification and such law shall have effect ac- cordingly.

Legal pro- ceedings.

25

92. Where, immediately before the appointed day, the existing State of Punjab is a party to any legal proceedings with respect to any property, rights or liabilities subject to apportionment under this Act, the successor State which succeeds to, or acquires a share in, that property or those rights or liabilities by virtue of any provision 01 this Act shall be deemed to be substituted for the existing State of Punjab or added as a party to those proceedings, and the proceedings may continue accordingly.

30

Transfer of pending proceed- ings.

35

93. (1) Every proceeding pending immediately before the ap- pointed day before a court (other than a High Court), tribunal, autho- rity or officer in any area which on that day falls within a State or Union territory shall, if it is a proceeding relating exclusively to the territories which as from that day are the territories of another State or Union territory, stand transferred to the corresponding court, tri- bunal, authority or officer in that other State or Union territory, as the case may be.

40

(2) If any question arises as to whether any proceeding should stand transferred under sub-section (1), it shall be referred to the

High Court having jurisdiction in respect of the area in which the court, tribunal, authority or officer before which or whom such pro- ceeding is pending on the appointed day, is functioning, and the deci- sion of that High Court shall be final.

(3) In this section—

5 (a) "proceeding" includes any suit, case or appeal; and

(b) "corresponding court, tribunal, authority or officer" in a

State or a Union territory means—

to (i) the court, tribunal, authority or officer in that State or Union territory in which or before whom, the proceeding would have lain if it had been instituted after the appointed day; or

15 (ii) in case of doubt, such court, tribunal, authority or officer in that State or Union territory, as may be determined after the appointed day by the Government of that State or the Central Government, as the case may be, or before the appointed day by the Government of the existing State of Punjab, to be the corresponding court, tribunal authority or officer.

20 Right of pleaders to prac- tise in certain cases.

25 94. Any person who, immediately before the appointed day, is enrolled as a pleader entitled to practise in any subordinate courts is the existing State of Punjab shall, for a period of one year from that day, continue to be entitled to practise in those courts, notwithstand- ing that the whole or any part of the territories within the jurisdic- tion of those courts has been transferred to the State of Haryana or to a Union territory.

95. The provisions of this Act shall have effect notwithstanding

anything inconsistent therewith contained in any other law.

Effect of provisions of the Act inconsis- tent with other laws.

9fi. If any difficulty arises in giving effect to the provisions of this

30 Power to remove ditftcul- ties.

Act, the President may, by order, do anything not inconsistent with such provisions which appears to him to be necessary or expedient for tha purpose of removing the difficulty.

97. il) The Central Government may, by notification in the Offi-

cial Gazette, make rules to give effect to the provisions of this Act. Power to make rules.

3^ (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the

following matters, namely: —

5

(a) the procedure to be followed by the Bhakra Manage- ment Board and the Beas Construction Board for the conduct of business and for the proper functioning of the Boards and the manner of filling casual vacancies among the members of the said Boards;

(b) the salary and allowances to be paid to the Chairman of the Bhakra Management Board;

10

(c) the salaries and allowances and other conditions of service of the members of the staff of the Bhakra Management Board or the Beas Construction Board;

(d) the maintenance of records of all business transacted at the meetings of the Bhakra Management Board or the Beas Construction Board and the submission of copies of such records to the Central Government;

15

(e) the conditions subject to which, and the mode in which, contracts may be made on behalf of the successor States and the State of Rajasthan in relation to the functions of the Bhakra Management Board or the Beas Construction Board;

²⁰ (f) the preparation of the budget estimates of the receipts and expenditure of the said Boards and the authority by which such estimates shall be approved;

(g) the conditions subject to which the said Boards may incur expenditure or re-appropriate funds from any budget head to another such head;

25

(h) the preparation and submission of annual reports;

(1) the maintenance of accounts of the expenditure incur- red by the said Boards;

(j) any other matter which is to be, or may be, prescribed.

30

35

40

(3) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if before the expiry of the session in which it is so laid or the session imme- diately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however that any such modi- fication or annulment shall be without prejudice to the validity 0/ anything previously done under that rule.

THE FIRST SCHEDULE

[See section 3(7) (e)]

TERRITORIES TRANSFERRED FROM MANIMAJRA KANTJNGO CIRCLE OF KIIARAR TAHSIL OF AMBALA DISTRICT IN THE EXISTING STATE OF PUNJAB TO

THE NEW STATE OF HARYANA 5

1. The following patwar circles: —

N a me of p a t w ar c i r c le

P a t w ar c i r c le N o.

B h a r e li

63

64

B a t a w ar . . . . ..

65

B a r w a la . . . . ..

TO

8r

M a j ri . . . . . ..

K a l ka

83

2. So much of the territories of the following patwar circles as have not been transferred to form the Union territory of Chandigarh under section 4: —

15

P a t w ar c i r c le N o.

N a me of p a t w ar c i r c le

M a n i m a j ra . . . . ..

79

80

M a u li . . . . . ..

82

C h a n d l m a n d er

THE SECOND SCHEDULE

[See section 4]

TERRITORIES TRANSFERRED FROM THE EXISTING STATE OF PUNJAB TO FORM

THE UNION TERRITORY OF CHANDIGARH

5 1. The following patwar circles of Manimajra kanungo circle of

Kharar tahsil of Ambala district: —

Name of patwar circle

Patwar circle No.

Dhanas . . . . . ..

73

Kalibar

74

Kailer

75

10

Dadu Majra . . . . ..

76

Kanthala

•

77

Hallo Majra . . . . ..

78

2. The following villages of Manimajra kanungo circle of Kharar

tahsil of Ambala district: —

15

Name of village

Hadbast No.

No. and name of patwar circle in which village is

included

1

2

3

20

L a h o ra . . ..

348 70 Lahora

S a r a n g p ur . . ..

71 Sarangpur

347

K h u da A l i s h er

72 Kansal

353

\ 79 Manimajra

374 375

D a r ia M a n i m a j ra . ..

25

373 371 232

M a u li J a g i an BaraRaipur Chota Raipur

Y 80 Mauli J

5 3. The following portions, the extent whereof Is specified in column 3 of the Table below, of the village specified in corres- ponding entry in column 1 below of Manimajra kanungo circle of Kharar tahsll of Ambala district, acquired by the Government of the existing State of Punjab by their notifications referred to in the corresponding entry in column 4 of the said Table: —

TABLE

Area

Name of village

Hadbast No.

10

acquired (in acres>

Punjab Government notification'under which acquired

I

²

4

3

C-11544-55/VI-1003, Suketri

376 77-74

15

dated the 12th November, 1955. C-11544/55/VI/1008, dated the 12th, November, 1955.

Karoran

214-59

C-2707-51 /1232, dated the 22nd/23rd May,

1951-

20

C-1058-53/1111, dated the 26th, Feb- ruary, 1953-

25

C-539-52/35¹' dated the 29th January, 1952-

C-31441/53/2106,

30

dated • the 15th April, 1953- C-2352-W-64/I/6710, dated the 14th March, 1964.

Kansil

I99-78

354

C-542-52/399, dated the 1st February, 1952.

35

C-i 152-52'734,

dated the 15th February, 195a.

4. The following villages of Manuali kanungo circle of Kharar

tahsil of Ambala district: —

Name of village

Hadbast No. and

No. circle

name of patwar in which village is included

5

1

2

3

Bhabat

2

231 \ 233 S 224

10

197

Dharamgarh Kumbra

Kujheri

15

12 -] 198 v 199 J

11

16 Mataur

15

13 \

Malo3ra

20

201 j

22 Burail

2 2 21 259 y 260 j

Behlana Chuharpur . Bair Majra . Nizampur Kumbra Budhcri Kujheri Attavva Palsora Maloya Salahpur Burail Nizampur Burail Jhumro

20 THE THIRD SCHEpULE

[See section 5(1)]

TERRITORIES REFBHHED TO IN CLAUSES (d), (e) AND (f) OF SUB-SECTION (1)

OF SECTION 5 TRANSFERRED FROM THE EXISTING STATE OF PUNJAB TO THE

UNION TERRITORY OF HIMACHAL PRADESH

PART I

25

1. The following patwar circles of Santolchgarh, kanungo circle of

Una tahsil of Hoshiarpur district: —

N a me of p a t w ar c i r c le

Patwar circle No.

60

P a i k w ah . . . . , .

62

P u b o w al . . . . . . ..

30

63

P o l i an

D u l e h ar

B i e t an . . . . . . ..

64 65 66

K u n g r at

N a n g al K a l an . . . . . ..

35

67 68

N a n g r an . . . . . . ..

B a t hu

74

548 G of 1—7.

2. The following villages of Santokhgarh kanungo circle of Una

tahsil of Hoshlarpur district: —

Name ot village Hadbast No. and name of

No. patwar circle in

5

which village is included

i

2 3

Fattewal . . .. 460 \ , T a l. . Bangarh . . .. 461 / ⁶l J a l : h e r³

10 Charatcarh . . . 225 \ ™ , , K h a n p ur . . .. 2 2 6 / 7* Charatgarh

Chhatharpur . . . 227 ")

S t p u r: : : : %\ ™ *"*>•*

15 Santokhgarh . . . 246 J Bathri . . .. 476 75 Bathri

3. The following villages of Santokhgarh kanungo circle of Una

20 tahsil of Hoshiarpur district except portions of those villages as have been included in the local area comprising Nays Nangal which has been declared to be a notified area for the purposes of the Punjab Municipal Act, 1911, by the notification of the Government of Punjab No. 2225-C1 (3C1) -61-9484, dated the 21st March, 1961: —

Hadbast No. and name of patwar

Name of village

No. circle in which village is

included

25

2

1

3

2 29

61 Jakhera

69 Kanchehra

242 -] 243 > 248 J

30

230 \ 70 Bhabhaur

71 Basdehra

231 / 228 1 237 V 244 J

35

2 18

249

Jakhera Malikpur . Binewal Majara Mehatpur . Bhatoli Basdehra Ajauli P u na . . .. Raipur Sanoli

72 Charatgarh 77 Sanoli

PART II

4. Village Kosar forming part of Una tahsil of Hoshiarpur dis- trict.

PART III

5. The following villages of Dhar Kalan kanungo circle of Pathan- 5

kot tahsil of Gurdaspur district: —

H a d b a st N o.

Name of village

B a k l oh

421

Balun . . . ..

422

10 D a l h o u s ie

THE FOURTH SCHEDULE

(Sec section 10)

15

1. Of the three sitting members whose term of office will expire on the 2nd April, 1968, Shri Abdul Ghani and Shri Chaman Lai shall be deemed to have been elected to fill two of the seats allotted to the State of Haryana, and Shri Surjit Singh shall be deemed to have been elected to fill one of the seats allotted to the State of Punjab.

20

25

2. Of the four sitting members whose term of office will expire on the 2nd April, 1970, namely, Shri Anup Singh, Shri Jagat JSTarain, Shrimati Mohinder Kaur and Shri Uttam Singh Duggal, such one as the Chairman of the Council of States may determine by drawing lot, shall be deemed to have been elected to fill one of the seats al- lotted to the State of Haryana, and the other three sitting members shall be deemed to have been elected to fill three of the seats allot- ted to the State of Punjab.

3. Of the four sitting members whose term of office will expire on the 2 ad April, 1972, Shri Neki Ram shall be deemed to have been elected to fill one of the seats allotted to the State of Haryana; Shri

Narinder Singh and Shri Raghubir Singh shall be deemed to have been elected to fill two of the seats allotted to the State of Punjab; and Shri Salig Ram shall be deemed to have been elected to fill one of the seats allotted to the Union territory of Himachal Pradesh.

5

THE FIFTH SCHEDULE

(See section 14)

I. AMENDMENT OF PART B OF SCHEDULE XI TO THE DELIMITATION OF PARLIAMENTARY AND ASSEMBLY CONSTITUENCIES ORDER, 1961

1. Below the heading "B-Assembly Constituencies", insert the

IO sub-heading "I-HARYANA'\

2. Delete the heading "Lahaul and Spiti, Kulu and Kangra Dis- tricts Area" and entries 1 to 13.

3. For entry 14, substitute the following, namely: —

15 "14. Naraingarh . . Naraingarh tahsil (excluding Sadhaura, Haveli and Gadauli zails and Sadhaura M.C. in Sadhaura thana).".

4. Delete the heading "SIMLA DISTRICT" and entry 20.

5. Before entry 21, for the heading "KARNAL DISTRICT AREA", substitute the heading "KARNAL AND JIND DISTRICTS". 20

6. In entry 26, for the word "Sangrur", substitute the word Mind".

7. After entry 68, insert the sub-heading "II-PUNJAB".

8. In entry 129, for the words "and Dalhousie thana", substitute the words and brackets "and zail Tarhari (Part) in Dalhousie thana". 25

9. After entry 130, for the heading "HOSHIARPUR DISTRICT AREA", substitute "HOSHIARPUR AND RUPAR DISTRICTS".

10. Delete entries 136 and 137 and re-number entries 138 and 139 as 136 and 137, respectively.

11. For entry 140, substitute the following: —

"138. Anandpur .

. Nangal tahsil in Rupar District; and Rattewal zail in Balachaur thana in Garhshankar tahsil in Hoshiarpur District.

5

139. Rupar .

. Rupar thana in Rupar tahsil; and Khizrabad, Sialba and Tira zails in Kharar thana in Kharar tahsil.

10 140. Morinda (SC)

. Morinda and Chamkaur thanas in Rupar tahsil; and Kurali town and Kurali zail in Kharar thana in Kharar tahsil.

140A. Kharar

15

. Kharar tahsil (excluding Khizra- bad, Sialba, Tira and Kurali zails and Kurali tow n Kharar thana).".

12. In the Appendix, omit the entries relating to Ambala district.

13. Insert the following Note at the end of this Part, namely: —

"NOTE,—Any reference in entries 14, 26, 138 and 140A of this 20

35

Part to a district, tahsil, kanungo circle, patwar circle or other territorial division shall be taken to mean the area comprised within that district, tahsil, kanungo circle, patwar circle or other territorial division on the 1st day of November, 1966, including all municipal towns and forest villages lying within the peri- phery.".

II, AMENDMENT OF THE SCHEDULE TO THE DELIMITATION OF TERRITO-

RIAL COUNCIL CONSTITUENCIES (HIMACHAL PRADESH) ORDER, 1962

1. In paragraph 5, for the words "shall be taken", substitute

"shall, save as otherwise expressly provided, be taken".

30

2. After entry 41, add the following, namely: —

"LAHAUX. AND SPITI, KULU AND KANGRA DISTRICTS

35

42. Kulu . Lahaul and Spiti district and Kulu thana (excluding Kana- war, Harkandhi, Chung, Kot Kandhi, Bhallan and Sainsar zail") in Kulu tahsil of Kulu district; and Bir Bhangal zail in Palampur thana in Palampur tahsil of Kangra district.

40

4 3. S e r a) (s c) . . ..

Seraj thana and Kanawar, Har- kandhi, Chung, Kot Kandhi, Bhallan and Sainsar zails in Kulu thana in Kulu tahsil of Kulu district.

5

4 4. P a l a m p ur . . ..

Palampur thana (excluding Naura and Bir Bhangal zails) in Palampur tahsil.

4 5. K a n g ra . . . ..

10

15

Kangra tahsil (excluding Dha- ramsala thana, Shahpur part- thana and Narwana, Chetru, Tayara and Ramgdrh part- zails in Kangra thana); Changar zai) in Dera Gopipur tahsil; Sujanpur part-thana and Naura zail in Palampur thana in Palampur tahsil.

4 6. D h a r a m s a la . . ..

20

Dharamsala thana, Shahpur part-thana and Narwana, Chetru, Tayara and Ramgarh part-zails in Kangru thana in Kangra tahsil.

4 7. N u r p ur . . . ..

Nurpur tahsil; and Dhameta and . Nagrota zails in Dera Gopipur

tahsil.

²5

4 8. D c ra G o p i p ur

Dcra Gopipur tahsil (excluding Dhameta, Nagrota and Chan- gar zails).

49. Hamirpur (SC)

30

Sujanpur, Rajgir, Ugialta, Mcwa and Mehlta zails in Ham irpur tahsil.

50. Barsar . . . .. Hamirpur tahsil (excluding Sujanpur, Rajgir, Ugialta, Me"va and Mehlta zails).

<_ i. Amb . . . .

35

Amb thana and Pandoga and Basal zails and Khad part- zail in Una thana in Una tahsil.

52. Una . . . ..

40

Una tahsil (excluding Amb thana and Pandoga and Basal zails and Khad part-zail in Una thana) in Kangra district

SIMLA DISTRICT

Simla district (excluding Nala- 53- Simla

garh tahsil).

. Nalagarh tahsil in Simla Dis- Nalagarh

54.

trict.".

5

3. Insert the following Note at the end of the Schedule, namely: —

"NOTE.—Any reference in entries 3, 4, 42, 43, 50, 53 and 54 of this

10

Schedule to a district, tahsil, kanungo circle, patwar cir- cle or other territorial division shall be taken to mean the area comprised within that district, tahsil, kanungo circle, patwar circle or other territorial division on the 1st day of November, 1966, including all municipal areas, notified areas, small town areas and forest villages lying within the periphery.".

15

THE SIXTH SCHEDULE

(See section 21)

MODIFICATIONS IN THE DELIMITATION OF COUNCIL CONSTITUENCIES

(PUNJAB) ORDER, 1951

2Q In the Table appended to the said Order—

(1) in the entries under the sub-heading "Graduates' Constitu- encies"—

(i) in column 2 against the entry "Punjab North Graduates", for the existing entry, substitute the following, namely: —

"Amritsar, Gurdaspur and Hoshiarpur Districts";

25

(it) for the existing entries 2 and 3, substitute the following, namely: —

"2. Punjab Central Graduates .. Ferozepur, Kapurthala and

Jullundur Districts 1 30

3. Punjab South Graduates . Ludhiana, Rupar, Patiala, Sangrur and Bhatinda Districts. I"; and

(iiii) omit entry 4;

(2) in the entries under the sub-heading "Teachers' Consti- tuencies''—

(i) in column 2, against the entry "Punjab North Teachers", for the existing entry, substitute the following, namely: — 5

"Amritsar, Gurdaspur and Hoshiarpur Districts";

(ii) for the existing entries 2 to 4, substitute the following, namely: —

{<2. Punjab Central Teachers Ferozepur, Kapurthala and

10

Jullundur Districts. i

3. Punjab South Teachers . Ludhiana, Rupar, Patiala, Sangrur and Bhatinda Districts I";

(3) under the sub-heading "Local Authorities' Constitu- encies"—

15

(i) omit entries 3 and 11 to 15;

(ii) for entry 10, substitute the following, namely: —

'Lio. Patiala-cww-Rupar Local Patiala and Rupar

20 Authorities Districts 2"; and (Hi) in column 3, against entries 5, 6 and 9, relating to Jullundur Local Authorities, Ferozpur Local Authorities and Ludhiana Local Authorities, for the existing figure "1", substitute the figure "2";

(4) in paragraph 3 of the Order, for the word and figures "April, 1965", substitute the word and figures "November, 1966". 25

THE SEVENTH SCHEDULE

(See sections 16 and 22)

LIST OF MEMBERS OF THE LEGISLATIVE COUNCIL OF PUNJAB WHO

SHALL CASES TO BE SUCH MEMBERS ON THE 1ST DAY OP NOVEMBER,

1966

30

PART A

1. Shri Chander Bhan

2. Shri Amir Singh

3. Shri S. L. Chopra

4. Shri Shri Chand Goyal

5. Shrimati Lekhwati Jain

6. Shri Om Prakaah

5

7. Shri Premsukh Das

B. Shri Birender Singh

PART B

1. Shri Sher Singh

2. Shri Dharam Singh

10

3. Shri Nasib Singh

4. Shri Sultan Singh 5. Shrimati Lajja 6. Shri Beli Ram

15

7. Shri Sir! Chand 8. Shrimati S'avita Behan

THE EIGHTH SCHEDULE

[See section 27(1)]

AMENDMENT or THE CONSTITUTION" (SCHEDULED CASTES) ORDER, 19-SO

(1) For paragraph 4, substitute—

2Q

"4. Any reference in this Order, except in Parts IV, IVA, VIIA and X of the Schedule, to a State or to a district or other territorial division thereof, shall be construed as a reference to the State, district or other territorial division, constituted as from the first day of November, 1956; any reference In Parts IV and VIIA of the Schedule to a State or to a district or other territorial division thereof shall be construed as a reference to the State, district or other territorial division constituted ag from the first day of May, 1960; and any reference in Parts IVA and X of the Schedule to a State or to a district or other territorial division thereof shall be construed as a reference to the State, 3o

B48 G of J-5,

district or other territorial division constituted as from the first day of November, 1966.".

(2) After Part IV, the following Part shall be inserted, namely: —

"PART IVA.—Haryana 3

1. Throughout the State: —

1. Ad Dharmi

2. Bangali

3. Barar, Burar or Berar

io 4. Batwal

5. Bauria or Bawaria

6. Bazigar

7. Balmiki, Chura or Bhangi

8. Bhanjra 9. Chamar, Jatia Chamar, Rehgar, Raigar, Ramdasi or Ravidasj *5 10. Chanal

11. Dagi

12. Dhanak

13. Dumna, Mahashw or Doom

?0 14. Gagra

15. Crandhila or Gandil* Gondola

16. Kabirpanthi or Julaha

17. Khatik

18. Kori or Koli

"5 19. Marija or Merecha

-20. Mazhabi

21. Megh

22. Nat

23. Od

30 24. Past

25. Perna

26. Pherera

27. Sanhai

28. Sanhai

29. Sansi, Bhedkut or Manesb

5

30. Sapela

31. Sarera

32. Sikligar

33. Sirkiband.

10 2. Throughout the State except in the Mahendragarh and Jind districts:—

1. Darain

2. Dhogri, Dhangri or Siggi

3. Sansoi-

3. In the Mahendragarh and Jind districts: —

15

Deha, Dhaya or Dhea.".

(3) In Part X, omit the word "Mohindergarh" occurring in para- graphs 2 and 3 thereof.

THE NINTH SCHEDULE

[See section 27(2)]

20

AMENDMENT OF THE CONSTITUTION (SCHEDULED CASTES) (UNION

TERRITORIES) ORDER, 1951

(1) For paragraph 4, substitute: —

25

"4. Any reference in this Order, except in Parts II and V of the Schedule, to a Union territory shall be construed as a refer- ence to the territory constituted as a Union territory as from

the 1st day of November, 1956; and any reference to a Union territory in Parts II and V of the Schedule shall be construed as a reference to that territory as existing on the 1st day of Novem- ber, 19m.".

(2) In Part II of the Schedule—

$

(a) for the words "Throughout the Union territory", the figures, words and brackets "1. Throughout the Union territory except the territories specified in sub-section (1) of section 5 of the Punjab Reorganisation Act, 1966" shall be substituted;

IO (b) the following shall be added at the end: —

"2. In the territories specified in sub-section (1) of section 5 of the Punjab Reorganisation Act, 1966: —

1. Ad Dharmi

2. Bsngali

15 3. Barar, Burar or Berar

4. Batwal

9. BaurU or Bawaria

8. Bazigar

7. Balmlkl, Chura or Bhangi

ao 8. Bhanjra

0. Chamar, Jatia Chamar, Rehgar, Raigar, Ramdasi or Ravi- dmi

10. Chantl

11. Dagi

35 13. Daraln

13. Dhanak 14 Dhogri, Phangri or Siggi

lfl. 0umna, Mahasha or Doom

10. Gagrn

17. GandhUa or Gandil Gondolt

30 18, Kabirpanthi or Julaha

19. Khatik

20. Kori or Koli

21. Marija or Marecha

22. Mazhabl

5 23. Megh

24. Nat

25. Od

26. Pasi

27. Peraa

10

28. Pherera

29. Sanhai

30. Sanhai

31. Sansol

32. Sansi, Bhedkut or Manesh

33. Sapela

15

34. Sarera

35. Sikllgar

36. Stlrklband.".

(3) After Part IV, the following Part shall be inserted: —

"PABT V.—Chandigarh

o

1. Ad Dharmi

2. Bangali

3. Barar, Burar or Berar

4. Batwal

5. Bauria or Bawaria

25

6. Bazigar

7. Balmiki, Chura or Bhangi

8. Bfcanjra

9. Chamar, Jatia Chamar, Rehgar, Raigar, Ramdasi or Ravi- dasl

10. Chanal

11. Dagi

12. Darain

5 13. Dhanak

14. Dhogri, Dhangri or Siggi

15. Dumna, Mahasha or Doom

16. Gagra

10 17. Gandhila or Gandil Gondola

18. Kabirpanthi or Julaha

19. Khatik

20. Kori or Koli

21. Marija or Marecha

15 22. Mazhabi

23. Megh

24. Nat

25. Od

26. Pasi

20 27. Perna

28. Pherera

29. Sanhai

30. Sanhai

31. Sansoi

32. Sansi, Bhedkut or Manesh

25 33. Sapela

34. Sarera

35. Sikligar

36. Sirkiband.".

THE TENTH SCHEDULE

[See section 28(1)]

AMENDMENT OF THE CONSTITUTION (SCHEDULED TRIBES) ORDER, 1950

Part X shall be omitted.

5 THE ELEVENTH SCHEDULE

[See section 28 (2) ]

AMENDMENT OF THE CONSTITUTION (SCHEDULED TRIBES) (UNION

TERRITORIES) ORDER, 1951

(1) For paragraph 3, substitute—

10

15

"3. Any reference in this Order, except in Part-I of the Schedule, to a Union territory shall be construed as a- reiference to rthe territory, constituted as a Union territory as from the 1st day of November, 1956; and any, reference to a Union territory in Part I of the Schedule shall be construed as a reference to that territory constituted as a Union territory as existing 'on the 1st day of November, 1966.".

(9) In Part I of the Schedule—

20

(a) for the words "Throughout the Union territory", the fig- ures, words and brackets "1. Throughout the Union territory except the territories specified in sub-section (1) of section 5 of the Punjab Reorganisation Act, 1966" shall be substituted; and

(b) the following shall be added at the end: —

"2. In Lahaul and Spiti district: —

1. Gaddi

2. Swangla

"S

3. Bhot or Bodh.".

THE TWELFTH SCHEDULE

(See section 46)

I. AMENDMENTS TO THE CONSTITUTION (DISTRIBUTION OF REVENUES)

ORDER, 1965

The following provisos shall be inserted immediately below the Table in sub-paragraph (2) of paragraph 3 of the Order, namely: —

"Provided that the share of taxes on income payable to the State of Punjab as it existed immediately before the 1st day of November, 1966, shall be construed, as from that date, as payable to the State of Haryana and the State of Punjab and the Union in the proportion of 37' 38 : 54- 84 : 7- 78 :

Provided further that the share allocable to the Union shall be retained by it and shall be deemed to form part of the Conso- lidated Fund of India.".

II. AMENDMENTS TO THE UNION DUTIES OF EXCISE (DISTRIBUTION)

ACT, 1962

The following provisos shall be inserted Immediately after the Table in section 3 of the Act, namely:-—

"Provided that the share of the distributable Union duties of excise payable to the State of Punjab as it existed immediately before the 1st day of November, 1966, shall bp construed, as from that date, as payable to the State of Haryana and the State of Punjab and the Union in the proportion of 37-38 : 54-84 : 7-78 :

Provided further that the share allocable to the Union shall be retained by It and shall not be withdrawn from the Consolidat- ed Fund of India.".

III. AMENDMENTS TO THE ADDITIONAL DUTIES OF EXCISE (GOODS OF

SPECIAL IMPORTANCE) ACT, 1957

The following provisos shall be inserted at the end of the Table in paragraph 2 of the Second Schedule to t he Act, namely: —

"Provided that the share of the additional duties of excise payable to the State of Punjab as it existed immediately before the 1st day of November, 1966, shall be construed, as from that

date, as payable to the State of, Haryana and the State of Punjab and the Union In the proportion of Zl'ZB: 54\84 : 7'78:

Provided further that the sharG allocable to the Union shall be retained by it and shall not be withdrawn from the Consoli- dated Fund of India.".

IV. AMENDMENTS TO THE ESTATE DUTY (DISTRIBUTION) ACT, 1962

The following provisos shall be inserted at the end of clause (b) of sub-section (2) of section 3 of the Act, namely: —

"Provided that the share payable under clause (b) to the State of Punjab, as it existed immediately before the 1st day of November, 1966, shall be construed, as from that date, as payable to the State of Haryana and the State of Punjab and the Union In the proportion of 3 7 3 8: 54-84: 7-78:

Provided further that the share allocable to the Union shall be retained by it and shall be deemed to form part of the Con- solidated Fund of India.".

THE THIRTEENTH SCHEDULE

(See section 48)

(1) Lands acquired for the sewerage scheme of Chandigarh: —

SI. Name of village Hadbast

No.

No,

Area in acres

Punjab Government notification under which acquired

1 2

3

4

5

261

1 Jagatpura

4-58 1 C-3097-W-60/X/ 4564' dated n th

May, i960.

4-18 ?

225

2 Kambali

C-47-(i)-W-t/7649,

dated 14th March, 1966.

548 G of 1—9.

I

2

3

4

5 6 226

Taraf Kumbra Kumbra Kumbala

C-2985-W-62/I/

3 4 5

6-07 " 5'38 20-28

13254, dated 10th May, 1962.

6

C-6718-W-63/I/

Chilla .

3

5-62

60761, dated n th March, 1964.

I

4-28

269 270 268

Papfi . Manaull Chacho Majra

9

10430-W-4-62/34079, dated 6/8th Nov- ember, 1962 •

267 264

10 tl

Matran Bakarpur

8 52 2-78 3*68 ,

TOTAL .

70-58

(2) Lands acquired for soil conservation measures in the catch-

ment area of Sukhna Lake:—

Name of village

Area in acres

Hadbast No.

SI. No.

Punjab Government notification under which acquired

a

1

3

4

5

2452-07 "

376

Sukctri .

I

5i7-Ft.IV/(63)/474>

dated 13th Feb- ruary, 1963.

104

Manakpur (Khol-

2

346-45 -

Gama).

i789-Ft.-IV/63/89g, dated 15th March, 1963.

3 4 5 6

Kuranwala Dhafnala . * Dara Khurani Kansil .

105 12a 390 354

461-00") 198-94 y 557-82 2i55-8iJ

6172-09

TOTAL .

(3) Lands acquired for the setting up of brick kilns of the Chandi- garh Capital Project: —

i>. Name of village

No.

Area in

acre a

Punjab Government notifies*

tion under which acquired

Hadb"st

No,

I 2

3

4

5

•

C-73-52/58, dated 8th January,

1953.

C-504-56/VI/526, dated mt

I. Judian . , . 379

January, 1956-

68'93

C-1650-W-60/X/37469. dated

5U1 Septcmbcrj 1960.

THE FOURTEENTH SCHEDULE

(See section 58)

APPORTIONMENT OF LIABILITY IN RESPECT OF PENSIONS

1. Subject to the adjustments mentioned in paragraph 3, each of the successor States shall, in respect of pensions granted before th" appointed day by the existing State of Punjab, pay the pension! drawn in its treasuries.

2. Subject to the said adjustments, the liability in respect of pen- sions of officers serving in connection with the affairs of the existing State of Punjab who retire or proceed on leave preparatory to retire- ment before the appointed day, but whose claims for pensions are outstanding immediately before that day, shall be the liability of the State of Punjab.

3. There shall be computed, in respect of the period commencing on the appointed day and ending on the 31st day of March, 1967, and in respect of each subsequent financial year, the total payments made in all the successor States in respect of the pensions referred to In paragraphs 1 and 2. That total representing the liability of th"

existing State of Punjab in respect of pensions shall be apportioned between the successor States in the population ratio and any suc- cessor State paying more than its due share shall be reimbursed the excess amount by the successor State or States paying less.

4. The liability of the existing State of Punjab in respect of pen- sions granted before the appointed day and drawn in any area out- side the territories of the existing State shall be the liability of the State of Punjab subject to adjustments to be made in accordance with paragraph 3 as if such pensions had been drawn In any treasury in the State of Punjab under paragraph 1.

5. (1) The liability in respect of the pension of any officer serving immediately before the appointed day in connection with the affairs of the existing State of Punjab and retiring on or after that day, shall be that of the successor State granting the pension; but the portion of the pension attributable to the service of any such officer before the appointed day in connection with the affairs of the existing State of Punjab shall be allocated between the successor States in the population ratio, and the Government granting the pension shall be entitled to receive from each of the other successor States its sharo of this liability.

(2) If any such officer was serving after the appointed day in con- nection with the affairs of more than one successor State, the suc- cessor State or States other than the one granting the pension shall reimburse to the Government by which the pension ig granted an amount which bears to the portion of the pension attributable to his service after the appointed day the same ratio as the period of his qualifying service after the appointed day under the reimbursing State bears to the total qualifying service of such officer after the appointed day reckoned for the purposes of pension.

6. Any reference in this Schedule to a pension shall be construed as including a reference to the commuted value of the pension.

THE FIFTEENTH SCHEDULE

(See section 70)

1. The Punjab State Co-operative Bank Ltd., Chandigarh.

2. The Punjab State Co-operative Land Mortgage Bank Ltd., Chandigarh.

3. The Punjab State Co-operative Supply and Marketing Fede- ration Ltd,, Chandigrah.

5

4. The Punjab Co-operative Union Ltd., Chandigarh.

5. The Punjab State Co-operative Labour and Construction Federation Ltd., Chandigrah.

6. The Punjab State Handloom Weavers Apex Co-operative Society Ltd., Chandjgrah.

io

7. The Punjab State Co-operative Sugar Mills Federation Ltd., Chandigrah.

8. The Punjab State Federation of Consumers Co-operative Wholesale Stores Ltd., Chandigarh.

9. The Punjab State Co-operative Industrial Federation Ltd., [5

Chandigarh.

10 The Rupar Central Co-operative Bank Ltd., Rupar.

11. The Ambala Central Co-operative Bank Ltd., Ambala City. 12. The Hoshiarpur Central Co-operative Bank Ltd., Hoshiarpur.

13. The Sangrur Central Co-operative Bank Ltd., Sangrur.

14. The Gurdaspur Central Co-operative Bank Ltd., Gurdaspur.

20

15. The Jogindra Central Co-operative Bank Ltd., Nalagarh.

16. The Hoshiarpur Primary Land Mortgage Bank Ltd., Hoshiar- pur.

17. The Gurda.-pur Primary Land Mortgage Bank Ltd., Gurdas- pur.

25

18. The Sunam Primary Land Mortgage Bank Ltd., Sunam (Sangrur).

19. The Primary Co-operative Land Mortgage Bank Ltd., Chandi- garh.

30 20. The Rupar Sub-Division Wholesale Co-operative Supply and Marketing Society Ltd., Rupar (Ambala).

21. The Hoshiarpur District Wholesale Co-operative Supply and Marketing Society Ltd., Hoshiarpur.

22 The Gurdaspur District Wholesale Co-operative Supply and Marketing Society Ltd., Gurdaspur.

23. The Sangrur District Wholesale Co-operative Supply and Marketing Society Ltd., Sangrur.

5 24. The Ambala Co-operative Labour and Construction Union Ltd., Ambala City.

25. The Gurdaspur Co-operative Labour and Construction Union Ltd., Gurdaspur.

THE SIXTEENTH SCHEDULE

10

(See section 77)

LIST OF INSTITUTIONS WHERE EXISTING FACILITIES SHOULD BE CONTTNUHD

1. Land Reclamation, Irrigation and Power Research Institute, Amritsar.

2. Hydraulic Research Institute, Malakpur.

3. Police Training School, Phillaur.

15 4. Finger Print Bureau, Phillaur.

5. Recruits Training Centre, Jahan Khelan.

6. Constaoles Advance Training Centre, Ambala.

7. Wirekss Training Centre, Chandigarh.

8. Forensic Science Laboratory, Chandigarh.

20 9. Gram Sfwak Training Centre, Nabha.

10. Grain Sewak Training Centre, Batala.

11. Panchayats Secretaries Training Centre, Ral, District Rohtak.

12. Dental College, Amritsar.

13. Ayurvedic College, Patiala.

25 14. Punjab Health School, Amritsar.

15. T.B. Centre, Patiala for T.B. Health Visitors course.

1C. PimjaD Mental Hospital, Amritsar.

17. T.B. Sanatorium, Amritsar.

18. T.B. Sanatorium, Tanda, District Kangra.

19. Hardinge Sanatorium, Dharampura, District Simla.

20. T.B, Hospital, Hermitage, Sangrur.

5

21. B.T. and B.Ed. Training Colleges at Simla, Dharamsala, Jullun.

dur, Fandkot and Patiala.

22. College of Physical Education, Patiala.

23. Sports College for Boys, Jullundur.

10 24. Sports Col'ege for Women, Kurukshetra.

25. Bikram College of Commerce, Patiala.

26. Jail 1 raining Centre, Hissar.

27. Government Institute for the Blind, Panipat.

28. Training Centre for the Adult Blind, Sonepat.

29. Training-cnm-Production Centre and J.B.T. Training Centre, 15

Gandhi Vanita Ashram, Jullundur,

30. After Care Home, Amritsar.

31. After Care Home, Madhuban (Karnal).

32. Protective Home, Sangrur.

20 33. Laboratory or Chemical Examiner, Patiala.

34. Hygiene and Vaccine Institute, Punjab, Amritsar.

35. Government Press, Chandigarh.

3d. Post Gracaatr Institute of Medical Education and Research, Chandigarh.

37. Punjab Engineering College, Chandigarh.

25

38. College of Architecture, Chandigarh.

39. General Hospital, Chandigarh.

40. Government College for Women, Chandigarh.

41. Government College for Men, Chandigarh.

42. Home Science College, Chandigarh.

30

S T A T E M E NT OF O B J E C TS A ND R E A S O NS

On the 21st March, 1966 it was announced in t he Lok Sabha that Government h ad decided to accept, in principle, t he reorganisation of the existing State of Punjab on linguistic basis. On the 18th April, 1966, the House was informed that necessary legislation would be brought forward for the reorganisation of the State as soon as the boundaries of the new States were settled and necessary legislation to amend article 3 of the Constitution to enable the transfer of certain areas of the existing State to the Union territory of Himachal Pra- desh was enacted. The Punjab Reorganisation Bill, 1966, is designed to reorganise the existing State so as to constitute two separate States of Punjab and Haryana and a new "Union territory by the name of Chandigarh and to transfer certain areas of the existing State tu the Union territory of Himachal Pradesh.

The Bill provides for the territories of the two States and the new Union territory and also specifies the areas to be transferred to the Union territory of Himachal Pradesh and makes the necessary sup- plemental, incidental and consequential provisions in relation to such reorganisation, including representation in Parliament and in the State Legislatures,

The notes on clauses explain in detail the various provisions of the Bill.

NEW DELHI; G. L. NANDA.

The 21th August, 1966.

PRESIDENT'S RECOMMENDATION UNDER ARTICLES' 3, 11? AND 274 OF THE CONSTITUTION OF INDIA

[Copy of letter No. F. 17/48/66-SR, dated the 30th August, 1966 from Shri Jai Sukh Lai Hathi, Minister of State in the Ministry of Home Affairs to the Secretary, Lok Sabha.]

The President having been informed of the subject matter of the Bill to provide for the reorganisation of the existing State of Punjab and for matters connected therewith, recommends the introduction of the Bill in the Lok Sabha under articles 3, 117(1) and 274(1) of the Constitution and the consideration of the Bill in the Lok Sabha under article 117 (3) of the Constitution.

Nutts on clauses

Clause 2, sub-clause (i) .—According to the 1961 census, the popu- lation of the existing State of Punjab is 203-07 lakhs. The population of the new State of Haryana would be about 75- 90 lakhs and of the State of Punjab after reorganisation would be about 111-36 lakhs. The population of the areas proposed to be transferred to Himachal Pradesh would be about 14- 61 lakhs and that of the Union territory of Chandigarh, about 1 • 20 lakhs. The population ratio between the States of Haryana and Punjab and the Union has been determined on this basis.

Clauses 3 to 8 and the First, Second and Third Schedules.—Sub- clause (1) of clause 3 provides for the formation of the new State of Haryana by transferring thereto from the existing State of Punjab, five districts, two tahsilfi of Sangrur district, three tahsils of Ambala district and certain areas of Kharar tahsil of Ambala district includ- ing the areas specified in the First Schedule.

Clause 4 provides for the formation of the Union territory of Chandigarh comprising the area of the Chandigarh Capital Project and certain adjoining areas as specified in the Second Schedule.

Clause 5 provides tor the transfer to the Union territory of Himachal Pradesh of four districts of the existing State of Punjab, Nalagarh tahsil of Ambala district and certain areas of Una tahsil of Hoshiarpur district including those specified in Parts I and II of the Third Schedule and the villages of Dalhousie, Balun and Bakloh which are at present part of Gurdaspur district.

Some of the existing revenue units such as districts, tahsils and kanungo circles would be broken up as a result of provisions made in clauses 3, 4 and 5. Provision has, therefore, been made in clauses 3, 5 and 6 either to constitute these broken units into separate reve- nue units or to integrate them with the adjoining revenue unite.

Clause 7 seeks to make certain consequential amendments in the First Schedule to the Constitution and clause 8 expressly saves the powers of the Governments oi Punjab and Haryana and the Admi- nistrator of the Union territory of Himachal Pradesh to alter, after

548 a of I—10.

the appointed day, the name, area or boundaries of any district or other territorial division.

Clauses 9 to 11 and the Fourth Schedule.—These clauses deal with the representation of Haryana, Punjab and Himachal Pradesh in the Council of States. There are at present 11 members represent- ing the existing State of Punjab and two members repre- senting the Union territory of Himachal Pradesh in the said Council, The allocation proposed in clause 9 in respect of Haryana and Punjab is based on the formula, one seat per million for the first five millions and one seat for every additional two millions or part thereof ex- ceeding one million of the population according to 1951 census. On this basis, the State of Haryana has been allotted 5 seats and Punjab, 7 seats. Provision has also been made for allotting one more seat to Himachal Pradesh. The manner in which the existing 11 sitting members are proposed to be allocated to fill these seats has been indicated in the Fourth Schedule. On this basis, 4 of these members will fi'l the seats allotted to Haryana, 6 will fill the seats allotted to Punjab and one member will fill the extra seat allotted to the Union territory of Himachal Pradesh. There will be two vacancies, one in PunjaD and one in Haryana, and these will be filled in accordance with the provisions of clause 11.

Clause 12.—This clause provides that so far as the existing House of the People is concerned, the sitting members representing the constituencies in the areas comprised in the existing State of Punjab will continue to represent those constituencies.

Clauses 13 to 19 and the Fifth Schedule.—These clauses make pro- visions in respect of the Legislative Assemblies of Haryana, Punjab and Himachal Pradesh. At present there are 154 members in the Legislative Assembly of Punjab and the Himachal Pradesh Legislative Assembly has 41 elected and two nominated members. On the basis of territorial location of the constituencies from which the 154 mem- bers were elected, 54 members have been allotted to Haryana and 13 to Himachal Pradesh and the remaining 87 members will continue to be members of the Legislative Assembly of Punjab. As article 170 of the Constitution envisages that the Legislative Assembly of a State shall consist of not less than 60 members, it has been provided in clause 16 that eight members of the Legislative Council of the exist- ing State of Punjab who have been elected to that Council from territorial constituencies which will fall wholly or mostly in Haryana but will cease to be members of this Council on reorganisation of the

State shall become members of the Legislative Assembly of Haryana. Thus, as from the appointed day, the number of seats in the Legis- lative Assemblies of Haryana, Punjab and Himachal Pradesh will be 62, 87 and 56 respectively.

Clauge 14 read with the Fifth Schedule provides for the necessary adjustment of assembly constituencies in the States of Haryana, Punjab and the Union territory of Himachal Pradesh.

As the Deputy Speaker of the Legislative Assembly of the existing State of Punjab will become a member of the Legislative Assembly of Haryana, it has been provided in clause 18 that she will continue to be the Deputy Speaker of that Assembly. Provision has also been made in that clause for a Deputy Speaker being elected by the Legis- lative Assembly of Punjab and a Speaker being elected by the Legis- lative Assembly of Haryana after the appointed day. Other clauses are consequential and self-explanatory.

Clauses 20 to 22 and the Seventh Schedule,—These clauses deal with the Legislative Council of the existing State of Punjab. At present there are 51 members in that Council. It is proposed not to have any Legislative Council in the State of Haryana. The strength of the Legislative Council of Punjab is proposed to be reduced from 51 to 40. It Is proposed that the nine members representing territorial constituencies of the existing Legislative Council which lie wholly or mostly in areas which would cease to be part of the existing State of Punjab will cease to be members of the Legislative Council.

There are 18 members in the Council elected by the members of the Legislative Assembly of Punjab, out of whom 5 members who are ordinarily resident in areas which will form part of Haryfina or Himachal Pradesh will also cease to be members of the Council. Aa the number of nominated members is to be reduced from 8 to 6, two of those members who are due to retire in 1968 will also cease to be members of the Council. The names of the 10 members who will thus cease to be members are given in the Seventh Schedule.

The resultant 5 vacancies in the Council will be 4 in the Local Authorities' constituencies and one among members elected by the Legislative Assembly and will be filled in the manner set out In sub-clause (6) of clause 22.

The Deputy Chairman of the existing Legislative Council of Punjab will cease to be a member of that Council on the appointed

day. Provision has, therefore, been made in sub-clause (9) of clause 22 for the election of a new Deputy Chairman after the appointed day.

Consequential amendments to the Third Schedule to the Repre- sentation of the People Act, 1950 and also to the Delimitation of Council Constituencies (Punjab) Order, 1951, are proposed in clauses 20 and 21.

Clauses 23 to 25.—Clause 23 provides for the allocation of seats to Haryana, Punjab and Himachal Pradesh in the House of the People to be constituted after the next general election. At present 22 seats have been allotted to Punjab and 4 seats to Himachal Pradesh in the House of the People. According to the allocation proposed in clause 23, the State of Haryana will have 9 seats, Punjab 13 aeata and Himachal Pradesh 6 seata. Provision has also been made for allot- ting one seat to the Union territory of Chandigarh and for reserva- tion of seats for Scheduled Castes in Haryana, Punjab and Himachal Pradesh. These reservations have been worked out on the basis of the 1961 census.

Clause 24 provides that the Legislative Assemblies of Haryana and Punjab to be constituted after the next general election shall have 81 and 104 seats respectively and that the Legislative Assembly of Himachal Pradesh shall have 54 seats to be filled by direct election in addition to those seats which may be filled by nomination in accord- ance with section 3 (3) of the Government of Uninn Territories Act, 1963. Reservations for Scheduled Castes in both the States and for Scheduled Castes and Scheduled Tribes in Himachal Pradesh provid- ed in this clause have also been worked out on trie basis of the 1961 census.

Clause 25 provides for the delimitation of constituencies by the Delimitation Commission constituted under the Delimitation Com- mission Act, 1962.

Clause 26.—With the reorganisation of the State of Punjab, the "Regional Committees will cease to exist. Accordingly clause 26 seeks to amend article 371(1) oT the Constitution so as to omit from that article the reference to the State of Punjab.

Clauses 27 and 28 and the Eighth, Ninth, Tenth and Eleventh Schedules,—With the reorganisation of Punjab certain amendments

are necessary in th- Constitution (Scheduled Castes) Order, 1950, the Constitution (Scheduled Caster) (Union Territories) Order, 1951, the Constitution (Sched-il.-.'d TiibeV} Order, 1950 and the Constitution (Scheduled Tribes) (Union Territories) Order, 1951. These changes have been set out in the Ei^.i.h, Ninth, Tenth! and Eleventh Sche- dules.

Clauses 29 to 4!.—These clauses deal with the establishment of a common High Court for the States of Haryana and Punjab and the Union territory of Chandigarh, its powers and functions and the pro- cedure to be followed by it. The detailed provisions contained in these clauses follow the relevant provisions of previous Reorganisa- tion Acts.

The legislation relating to the Delhi High Court provide* fof the extension of the jurisdiction of the Delhi High Court to the Union territory of Himaehal Pradesh from such date as the Central Govern- ment may appoint. It is intended to invoke thin provision some time aftor the reorganisation of the State- of Punjab. Hence clause 38 provides that from the appointed day, the jur;sdiction of the court of the Judicial Commissioner for IJimachal Pradesh shall extend to the territories which will bo transferred to and form part of the Union territory of Himachal Prnf^sh.

Clause* 42 and 43.—In order that the administration of the new State of Haryana CPII hp carried on until the legislature of that State has passed the necessary Appropriation Act, provision has boen made in House 42 for the Governor of Punjab to authorise at any time before the appointed day siv-h expenditure from the Consolidated Fund of that State as he thinks necessary, for pny period not extend- ing beyond the 31st March, 1067, and similar powers are pro-osed to be conferred on the Governor of Haryana in respect of the period aft^r the appointed day.

Clause 43 provides that the amount authorised by the Himaohal Pradesh Legislative Assembly befcrp the appointed day for being expanded for any services in that Urron territory may also be spent in the transferred territory. How^v-r ,15 A large area is being added nn to Himachal Pradesh, it may become necessary to authorise .fur- ther expenditure until the legislature of Himachal Pradesh has pass- ed the necessary Appropriation Act. Provision has, therefore, bt>en made in these clauses for the Administrator of Himachal Pradesh, to

authorise expenditure from the Consolidated Fund of that Union territory for any period not extending beyond the 31st March, 1967,

Clause 44.—This clause contains the usual provision that the re- port of the Comptroller and Auditor General of India for any period prior to the appointed day should be submitted to the Governors of Punjab and Haryana and the Administrator of Himachal Pradesh and enables the President to regularise any expenditure incurred in excess of that authorised by the Legislative Assembly of the existing State of Punjab.

Clause 45.—This clause seeks to empower the President to deter- mine by order the allowances and privileges of the Governor of the new State of Haryana until parliamentary legislation is undertaken for the purpose.

Clause 46 and the Twelfth Schedule.—The distribution among the States of the proceeds of certain taxes and duties like income-tax, excise duties, estate duty, etc., Is regulated by Parliamentary enact- ments and the Constitution (Distribution of Revenues) Order, 1965. Provision has been made in the Twelfth Schedule that the share of the taxes and duties payable to the existing States of Punjab shall be divided between the States of Haryana and Punjab and the Union in respect of the areas which would form part of the Union territories of Himachal Pradesh and Chandigarh, according to the population ratio. Necessary modifications to the enactments and Order referred to above have been proposed in the Twelfth Schedule.

Clauses 47 to 66 and the Thirteenth and Fourteenth Schedules.— These clauses relate to the apportionment of assets and liabilities of the existing State of Punjab and follow the main provisions made for such apportionment in the States Reorganisation Act, 1&56, subject to slight deviations which are explained below: —

(a) Apart from the Secretariat, a ]arge number of offices and Heads of Departments of the existing State of Punjab are located in Chandigarh. It has, therefore, been provided in clause 48(3) that stores relating to these offices shall be divided between the successor States in accordance with the directions of the Central Government.

(b) The sewerage works of Chandigarh and also the brick kilns of the Chandigarh Capital Project as well as certain areas where soil conservation measures for preventing the silting of the

Sukhna Lake have been undertaken, fall outside the Union terri- tory of Chandigarh. It is necessary that these works as well as the soil conservation areas should be the property of the Union for the purpose of administration of Chandigarh. Acordim;]/, provision has been made in clause 48 (5) for vesting in the Union the lands acquired for these works (vide the Thirteenth Sche- dule) including the connected plant, machinery, etc.

(c) Provisions ot sub-clauses (2) and (3) (relating to investments in private commercial or industrial undertakings) of clause 52 follow the corresponding provisions of section 51 of the Bombay Reorganisation Act, 19€0 and sub-clause (2) makes an additional provision for allocation of investments made in private commercial or industrial undertakings having their principal seat of business outside the existing State of Punjab-

(d) Sub-clause (3) of clause 53 is a new provision which seeks to facilitate the division of assets and liabilities relatable to commercial or industrial undertakings of the State if such an undertaking is located in more than one successor State after reorganisation.

(e) Sub-clause (2) of clause 54 (relating to public debt) follows the provision in section 54(2) of the Bombay Reorgani- sation Act, I960. Sub-clause (3) of this clause makes provision for the allocation of the public debt attributable to loans taken for the Beas and Bhal; ra-Nangal Projects and sub-clause (5) makes a corresponding provision for allocating the investments from the sinking fund created for repayment of the loans.

(g) The proviso to clause 56 (1) is also a new provision which seeks to obyiate practical difficulties which had arisen in the past in the repayment of deposits made outside the existing State. Sub-clause (2) (relating to charitable or other endowment) of clause 56 follows the provisions of section 57 (2) of the Bombay Reorganisation Act, 1960.

(h) There had been difficulties in the past in the re-pay- ment of the provident fund monies to Government servants who had retired from service before reorganisation, Sub-clause (2) of clause 57 seeks to place the liability for such payments on the State of Punjab subject to subsequent adjustments between the successor States according to the population ratio.

(i) Clause 64 empowers the successor States to vary by agreement the manner 01 apportionment of any asset or liability. This follows section 65 of the Bombay Reorganisation Act, 1960.

(j) In so iar as the areas to be transferred to Bimachal Pradesh are concerned, certain properties and institutions, though vesting in the Union, will have to be made available to the Government of Hirnachal Pradesh and consequently it will be necessary to puss on "he corresponding liabilities also to that Government. Fuither, liabilities connected with the adminis- tration of the Urron territory J.iK. salaries ot officers in the transferred territory will have to be borne by that Government. Accordingly, a proviso has been added to clause ti6 taking power for the Central Government to specify the liabilities which may be discharged fr^-n thu Consolidated Fund of that Union terri- tory.

Clause 67.—Tin's clause enables the State Electricity Board and the State Warehousing Corporation to continue to function in the same areas as at present, even after reorganisation, until the 1st November, 1967 by wMch time step? will be taken to dissolve the existing Board and Corporation and allocate their assets and liabi- lities to the successor States, or, aa the case may be, tu the Eletricity Boards or Warehousing Corporations tliflt wdl he set up in Haryana arid Punjab.

Clause 68.—This c'juee makes the I.TUUI provision for continuance of arrangements in regard to generation and supply of electricity and water and follow;- section 1U7 of t/!ie Slates Rcorgi'iisation Act, 1956.

Clause 69.—At present the Faujjb State Financial Corporation ib serving not only the existing State of Punjab but also the Union territories of Delhi and Hiinachal Pradesh. This clause provides for continuance of the Corporation and also for itn reconstltution, re- organisation or dissolution when so required by the Central Govern- ment or with the previous approval of the Central Government. So long as the Corporation continues to function in the areas which are now being served by it, the Central Government will have powers to give directions to it and also to make such modifications or excep- tions as may be deemed necessary in (he Stnte Financial Corporations Act, 1951. It is intended to reconstitute the Board of Directors of the Corporation so as to give representation also to the State of Haryana and the Union territory of Chandigarh.

Clause 70 and the Fifteenth Schedule.—This clause seeks to add a new section 5D in the Multi-Unit Co-operative Societies Act, 1942- The section follows section 5C of that Act which was added at the time of reorganisation of Bombay and seeks to enable the Board of Directors of Co-operative institutions specified in the Fifteenth Schedule which would become multi-unit in character consequent on reorganisation to draw up schemes for reconstitution, reorganisation or dissolution of the institutions before reorganisation so that the schemes could be put into effect from the date of reorganisation. As portions of the assets and liabilities of the existing institutions may have to be transferred to corresponding institutions in the Union territory of Himachal Pradesh, necessary provision in this behalf has also been included in clause (b) of new section 5D(I) and also in the proviso thereto.

Clause 71.—Under section 22 of the Banking Regulation Act, 1949, no company can carry on banking business unless it holds a licence issued by the Reserve Bank of India. It may become necessary to set up new cooperative banks in certain areas immediately after reorganisation. It has, therefore, been provided in this clause that such banks may be formed within three months of reorganisation without obtaining licence from the Reserve Bank of India provided that the bank makes an application for the licence within three months of its formation. Such a bank will continue to function without licence until it is granted a licence by the Reserve Bank or the licence is refused.

Clause 72.—This clause contains a general provision to enable corporate bodies which become inter-State in character as a result of reorganisation or serve the needs of the successor States after re- organisation, to continue to function in the areas where they have been functioning before reorganisation, It is intended that the Punjab University, the Punjab Agricultural University and also the Shiromam Gurdwara Prabandhak Committee which will be serving not only the areas that may be included in tho new State of Punjab but also tho rest of the territories of the existing State should be covered by this provision and that the successor States should continue to give necessary financial assistance to the two Universi- ties. Accordingly, provision has been made in sub-ciauses (3) and (4) of this clause

Clause 73.—This clause provides for the continuance of certain companies in which the Government rf the existing State of Punjab 548 G of I—11.

has full or substantial interest. These companies were promoted to serve the needs of the existing territories of Punjab and will have to continue to serve these objects. Accordingly this clause makes provisions for allocating the interest of the existing State of Punjab among the successor States and re-constituting the Board of Direc- tors of these companies to give representation to them.

Clauses 74 to 76.—These clauses follow the corresponding provi- sions of the States Reorganisation Act, 1956 except that clause 76 follows section 78 of the Bombay Reorganisation Act, 1960.

Clause 77 and the Sixteenth Schedule.—This clause makes the usual provision for the continuance of facilities to the successor Gov- ernments in certain State institutions and also to the people of the existing States of Punjab in such institutions specified in the Sixteenth Schedule irrespective of their location.

Clauses 78 to 80.—Out of the total cultivable commanded area of 58-01 lakh acres served by the Bhakra system, about 37" 7% would He in the new State of Punjab. 46" 7% in Haryana and 15-6% in Rajasthan. The irrigation systems from the three main rivers of Punjab, namely, the Ravi, the Beas and the Sutlej, are interlinked requiring their integrated and co-ordinated operation for the opti- mum utilisation of the waters of these rivers by the three States of Punjab, Haryana and Rajasthan. At prsent, in accordance with an agreement between Punjab and Rajasthan, the benefits of the Bhakra system are being shared by the two States roughly in the ratio of 85:15. The complex of inter-dependent system of irrigation and power in this region would be further complicated with the com- pletion of the Beas Project which is now under construction. The Bhakra Dam and both the units of the Beas Project would lie in the territory of Himachal Pradesh with the transfer of certain territories of the existing State of Punjab to that Union territory. In view of this, it is proposed to constitute agencies with representatives of the successor States, for the management of certain major components of the existing irrigation and power system of Punjab and for the construction of the Beas Project and the management of the major components of that project after their completion. Accordingly clause 78 provides that the rights and liabilities of the existing State of Punjab in relation to Bhakra-Nangal Project and the Beas Project shall be the rights and liabilities of the successor States and shall be apportioned by agreement between the successor States and if no such agreement is entered into within two years, in accordance witb

the orders of the Central Government. Clause 79 provides for the constitution of a Management Board for the administration, main- tence and operation of the major components of the irrigation and power system and requires the successor States and the State of Hajasthan to privide the Board with the necessary funds. Clause 80 likewise envisages similar arrangements regarding the construc- tion of the Beas Project.

Clauses 81 to 84-—These clauses make the usual provisions relat- ing to services and generally follow the provisions of sections 114 to 117 of the States Reorganisation Act, 1956.

Clause 85.—-It is proposed not to make any provision in the Bill for the division of the Public Service Commission of the existing State of Punjab as the intention is that this Commission should continue to function in the new State of Punjab only, and a new Public Service Commission should be set up for the State of Haryana under the relevant provisions of the Constitution.

Clause 86.—This makes a consequential amendment in the States Reorganisation Act so as to include the State of Haryana and the Union territory of Chandigarh in the Northern Zonal Council.

Clause 87.—This clause confers powers on the Central Govern- ment to extend enactments' in force in a State to the Union terri- tory of Chandigarh by notification. The Central Government have similar powers in respect of certain other Union territories iride Acts 30 of 1950. 1 of 1962 and 49 of 1962,

Clauses 88 to 96—These clauses make the usual provisions regard- ing continuance of the existing laws in the territories included in the existing State of Punjab, adaptation of those laws and their interpretation by course and tribunals, continuance of authorities exercising statutory functions and legal proceedings, etc. These provisions follows the corresponding provisions of the States Re- organisation Act, 1956.

Clause 97.—This clause confers rule-making powers on the Cen- tral Government and in particular, in respect of the Bhakra Manage- ment Board and the Beas Construction Board proposed in clauses 79 and 80.

FINANCIAL MEMORANDUM

Clause 4 of the Bill provides for the formation of the new Union territory of Chandigarh. Under article 239 of the Constitution, the Union territory has to be administered by the President. Hence the cost of administration of the Union territory will have to be met from the Consolidated Fund of India. On a rough estimate the total reve- nue receipts from this territory are expected to be of the order of about Rs. 239 lakhs. The recurring revenue expenditure on the ad- ministration of the Union territory would be roughly of the follow- ing order:—

(a) Cost of Administrative services, namely,

Rs. 97 lakhs general administration, police, pensions, etc.

(b) Maintenance of buildings, roads and other

Rs. 44 lakhs public works.

(c) Cost of maintaining primary and higher Rs. 8i lakhs secondary schools, civil amenities, etc.

Rs. 220 lakhs {d) Cost of maintaining institutions of higher educations nim?ly> Bnginsering College, College of Architecture, Post-Graduate Institute of Medical Education and Research and other colleges and- general Hospital.

TOTAL Rs. 442 lakhs

On the above basis, three will be a recurring revenue deficit of Rs. 203 lakhs vhich will have to be met from the Consolidated Fund of India.

2. As Chandigarh would be a joint Capital of both the States, It will be necessary to make available to the State Governments most of the existing Government buildings for their offices. Residential accommodation built for the officers and staff will also have to be made available to these Governments. It is intended to recover rent or contributions from the State Governments for the use of these buildings. Also, as the institutions referred to at (d) above would be serving the common needs of the States of Haryana and Punjab, the two States would be required to make reasonable contributions for maintaining such institutions. It is expected that the contribu- tions from the State Governments including the rent or contributions

for the use of the Government buildings would roughly be of the order of about Rs. 175 lakhs. These contributions together with the normal revenue receipts would amount to about Rs. 414 lakhs and in effect the net recurring expenditure on revenue account for the ad- ministration of the territory may be of the order of about Rs. 28 lakhs per annum.

3. For the development of the Chandigarh town and also com- pletion of certain buildings of the Post-Graduate Institute of Medical Education and Research and similar other institutions, some non-re- curring expenditure will be involved on capital account. The budget estimates of the Government of Punjab for the current year provide for a capital expenditure of about 250 lakhs on these works and a recovery of about 65 lakhs on account of sale of plots. The exact magnitude of expenditure on such works after reorganisation will be determined after a detailed assessment of the requirements in the light of the reorganisation of the State.

4. Clause 5 provides for the transfer of certain territories from the existing State of Punjab to the Union territory of Himachal Pradesh. According to the current years' budget of the State Gov- ernment, the total receipts in respect of this area are roughly of the order of Rs. 539 lakhs inclusive of Rs. 123 lakhs on account of State Government's share of Central taxes attributable to this area. In addition, the Central grants for plan schemes attributable to this area would be roughly of the order of Rs. 249 lakhs. As against this, the current year's budget provides for a revenue expenditure of about Rs. 957 lakhs for this area. The share of Central taxes attributable to this area would be retained in the Consolidated Fund of India with the result that the actual receipts which would go into the Consolidated Fund of Union territory of Himachal Pradesh would roughly be Rs. 416 lakhs. The revenue gap of the Union territo- ries with legislatures is now being met by grants from the Central Government and this practice will have to continue for some time in respect of the transferred territory also. Thus, the recurring revenue expenditure from the Consolidated Fund of India on account of grants for this area would be of the order of Rs. 541 lakhs. However, as stated above, ii the receipts on account of the share of assigned taxes and also the saving on account of the grants to the State Government in respect of this area are taken into account, the net additional recurring expenditure on account of the transfer of these territories to Himachal Pradesh will be of the order of Rs. 169 lakhs per annum.

5. It will also be necessary to provide increased loan assistance to Himachal Pradesh for capital works in the transferred territories. The loan assistance that is being made available to the State Gov- ernment in this behalf would be made available to the Himachal Administration and there would not be any extra liability on the Central Government except for capital works which were being financed by the Punjab Government. The magnitude of this ex- penditure will be determined later.

6. Clause 9 of the Bill provides for the total number of seats in the Council of States being raised by two i.e., from 226 to 228. Clause 23 of the Bill provides for a total of 29 seats in the House of People to be constituted after the commencement of the Act, in respect of the States of Haryana and Punjab and the Union terri- toreis of Himachal Pradesh and Chandigarh as against the total of 26 seats at present allotted to Punjab and Himachal Pradesh. Thus there would be an increase of 3 seats in the House of People. The extra recurring expenditure on account of salary, allowances, etc., of the five members would be of the order of Rs. 70,000 per annum and non-recurring expenditure would be about Rs. 10,000.

7. Clause 25 of the Bill provides for delimitation of the parlia- mentary and assembly constituencies allotted to Haryana, Punjab and Himachal Pradesh. This would involve a non-recurring ex- penditure of about Rs. 15,000.

8. Clause 29 provides for the setting up of a common High Court for the States of Punjab and Haryana and the Union territory of Chandigarh and for the salaries and allowances of the Judges of the High Court being allocated amongst the States of Punjab and Haryana and the Union in such proportion as the President may by order determine. In so far as the administrative expenses of the High Court are concerned, contributions will be taken from the two State Governments under article 290 of the Constitution. The present recurring expenditure on the High Court of Punjab is of of the order of Rs. 25 lakhs and initially this will have to be met from the Consolidated Fund of India. The actual net expenditure will, however, depend on the order that may be made by the Pre- sident and the agreement that may be reached under article 290 and it is not possible to estimate this amount at present.

9. Clause 53 provides that the assets and liabilities relating to commercial and industrial undertakings of the existing State of Punjab shall pass to the successor State in whose territory the un- dertaking is located. The actual allocation of commercial and

industrial undertakings will have to be done after passing of the Bill. However, if the Chandigarh unit of the Road Transport Un- dertaking of the State is allotted to the Union, it will have to be run as a State Undertaking by the Chandigarh Administration. According to the current year's budget estimates of the Punjab Government, the expenditure on this unit would be Rs. 63 lakhs whereas the receipts would be of the order of Rs. 89 lakhs. Thus, there will be no liability on this account but the recurring expen- diture will have to be met from the Consolidated Fund of India and the receipts will accrue to that Fund.

10. Clause 54 relates to allocation of the public debt of the exist- ing State of Punjab. The total public debt of the State on the 3lst March, 1965, was about Rs. 359 crores as under: —

Rupees in crores

TI (1) Market loans

(2) Loans from National Co-operative Develop-

ment Corporation and other Statutoiy Bodies .

9

(3) Loans from Central Government for Bhakra-

199 Nangal and Beas Projects . . . ..

(4) Other^loans

140

TOTAL

359

The other liabilities of the State on that day were roughly of the order of Rs. 59 crores. The allocation of the loans between the States of Haryana and Punjab and the Union will have to be worked out in accordance with the provisions of this clause and it is not possible at this stage to give a precise estimate of Union's share. The total capital outlay of the Government of Punjab was roughly Rs. 385 crores on the 31st March, 1965. In addition, the loans ad- vanced by the State Government amounted to about Rs. 106 crores and together with other assets of Rs. 50 crores, the total assets were of the order of about Rs. 541 crores. The debt liability of the Union and liabilities which it may have to incur on the repayment of de- nosits and provident fund balances under clauses 56 and 57 would, therefore, be offset by its share in the assets.

11. Clause 58 provides for the liability on account of pensions being apportioned between the successor States. This liability haa been taken into account in estimating the expenditure on the admi- nistration of the Union territory of Chandigarh and the areas to be transferred to the Union territory of Himachal Pradesh.

12. Clauses 55 and 59 to 63 deal with various matters like re- cund of taxes and duties collected in excess, contractual liabilities, liabilities in respect of actionable wrongs, liabilities as guarantor in respect of cooperative societies, liabilities in respect of items in suspense and liabilities in respect of residuary matters. Clause 64 provides for apportionment of liabilities by agreement, clause 65 empowers the Central Government to order allocation or adjust- ment of liabilities in certain cases and clause 66 provides for charg- ing of expenditure payable by the Union to any State on the Con- solidated Fund of India and also for directing that such liabilities in relation to the territories to be transferred to the Union territory of Himachal Pradesh and as may be specified shall be charged on the Consolidated Fund of that territory instead of on the Conso- lidated Fund of India. It is not possible to indicate the actual amount of liabilities which will have to be met from the Consoli- dated Fund of India on account of these provisions.

13. Clause 72(4) provides for grants being made by the successor States to the Punjab University and the Punjab Agricultural Uni- versity. The current year's budget estimates of the Punjab Gov- ernment make a provision for grants amounting to Rs. 256 lakhs for the Punjab Agricultural University and Rs. 4 lakhs for the Punjab University. The Central Government will determine the ,-,-nount of grants that should be made to these institutions by the accessor States. However, if the population basis is adopted, the ihare of the Union would be about Rs. 20 lakhs.

14. Clause 77(1) envisages contributions being made by the successor States for facilities provided in certain State institutions. The terms have to be settW by agreement between the successor States and it is not possible at this stage to indicate the precise amount that may have to be paid from the Consolidated Fund of [ndia on this account,

15. Clause 78(1) provides for the rights and liabilities of the existing State of Punjab in relation to the Bhakra-Nangal and Beas Projects being apportioned between the successor States by agree- ment. Clause 79(5) provides that the expenditure on the Bhakra

Management Board shall be apportioned among the States in such proportion as the Central Government may specify. Proviso to clause 80(1) provides for apportionment of the liability for the ex- penditure on the Beas Project among the successor States. A portion of this liability may, therefore, have to be borne by the Union in respect of the areas which would not be included either in the State of Haryana or the State of Punjab. It is not possible to estimate the magnitude of such liability.

16. Clause 81(3) provides for strength and composition of the Delhi-Himachal Pradesh State Cadres of the All-India Services being determined. Clause 83 provides for the continuance of persons serv- ing under the existing State of Punjab in the same post (until they are allocated). Clause 82 (1) provides for provisional alloca- tion of such persons and sub-clause (2) provides for their final allocation. The staff that will be transferred to the Union as a re- sult of reorganisation would serve in connection with the adminis- tration of the Union territory of Chandigarh or the areas to be transferred to Himachal Pradesh. The expenditure involved in their salaries and allowances has been taken into account in paragraphs 1 and 4.

17. Clause 82(4) provides for the establishment of Advisory Com- mittees for the purpose of division and integration of Services, etc., and clause 86 (ii) seeks to provide representation to the Union terri- tory of Chandigrah in the Northern Zonal Council. This will in- volve some non-recurring expenditure on travelling allowance, etc., of the order of about Rs. 5,000 and recurring expenditure on such allowance of the order of about Rs. 1,000 per annum.

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 97 of the Bill empowers the Central Government to make rules to give effect to the provisions of the Bill when enacted This ppwer will be required mainly with reference to the Bhakra Management Board and the Beas Construction Board referred to in clauses 79 and 80 of the Bill, to provide for certain matters of pro- cedure and administrative detail such as the procedure to be fol- lowed by those Boards for the conduct of their business, the sala- ries, allowances and conditions of service of the staff of the Boards, the conditions subject to which and the mode in which contracts may be entered into in relation to the Boards, the maintenance of accounts and the preparation of budget estimates and annual re- ports of the Boards,

2. Clause 78(9) of the Bill empowers the Bhakra Management Board likewise to make regulations, consistent with the provisions of the Bill and the rules made thereunder, to provide for regula- ting the time and place of its meetings, the procedure thereat, dele- gation of powers and duties of the Chairman, etc.

3. Clause 89 of the Bill empowers the appropriate Government to adapt existing laws in order to facilitate their application to the State of Haryana or Punjab or the Union territory of Chandigarh or Himachal Pradesh. This power will be available only for a period of two years from the appointed day, Clauses 67(2), 69(2) and 72(2) of the Bill empower the Central Government to issue direc- tions indicating the exceptions and modifications subject to which the Acts relating to corporations which become inter-State corpo- rations on account of reorganisation, would apply during the period they continue to function in the areas in respect of which they were functioning immediately before reorganisation. The adapta- tions and exceptions and modifications cannot affect the substance of the Acts aforesaid.

4. Clause 77(2) of the Bill provides that the Central Govern- ment may by notification add any institution in existence on the appointed day to the Sixteenth Schedule and thereupon that Sche- dule shall be deemed to be amended by the inclusion of that In- stitution therein. That Schedule specifies the institutions in res- pect of which facilities available prior to the appointed day should be continued even after that day.

5. Clause 87 of the Bill empowers the Central Government to extend by notification any enactment in force in a State to the Union territory of Chandigarh. Such a power ia available under other enactments in respect of certain other Union territories and will be useful for extending a law by notification when there is no existing law on the same subject in force in the Union territory.

6. The delegation of legislative power in the clauses referred to above are all of a normal character.

S, L. SHAKDHER,

Secretary.