LexThe Uttar Pradesh Reorganisation Act, 2000
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THE UTTAR PRADESH REORGANISATION ACT, 2000
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ARRANGEMENT OF SECTIONS
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PART I
PRELIMINARY
SECTIONS
1. Short title.
2. Definitions.
PART II
REORGANISATION OF THE STATE OF UTTAR PRADESH
3. Formation of Uttaranchal State.
4. State of Uttar Pradesh and territorial divisions thereof.
5. Amendment of the First Schedule to the Constitution.
6. Saving powers of State Governments.
PART III
REPRESENTATION IN THE LEGISLATURES
The Council of States
7. Amendment of the Fourth Schedule to the Constitution.
8. Allocation of sitting members.
The House of the People
9. Representation in the House of the people.
10. Delimitation of Parliamentary and Assembly Constituencies.
11. Provisions as to sitting members.
The Legislative Assembly
12. Provisions as to Legislative Assemblies.
13. Allocation of sitting members.
14. Composition of provisional Legislative Assembly of Uttaranchal.
15. Duration of Legislative Assemblies.
16. Speaker and Deputy Speaker.
17. Rules of procedure.
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The Legislative Council of Uttar Pradesh
SECTIONS
18. Legislative Council of Uttar Pradesh.
19. Amendment of the Delimitation of Council Constituencies.
20. Provision as to certain sitting members.
21. Deputy Chairman.
Delimitation of constituencies
22. Delimitation of constituencies.
23. Power of Election Commission to maintain Delimitation Orders up-to-date.
Scheduled Castes and Scheduled Tribes
24. Amendment of the Scheduled Castes Order.
25. Amendment of the Scheduled Tribes Order.
PART IV
HIGH COURT
26. High Court of Uttaranchal.
27. Judges of Uttaranchal High Court.
28. Jurisdiction of Uttaranchal High Court.
29. Special provision relating to Bar Council and advocates.
30. Practice and procedure in Uttaranchal High Court.
31. Custody of seal of Uttaranchal High Court.
32. Form of writs and other processes.
33. Powers of Judges.
34. Procedure as to appeals to Supreme Court.
35. Transfer of proceedings from Allahabad High Court to Uttaranchal High Court.
36. Right to appear or to act in proceedings transferred to Uttaranchal High Court.
37. Interpretation.
38. Savings.
PART V
AUTHORISATION OF EXPENDITURE AND DISTRIBUTION OF REVENUES
39. Authorisation of expenditure of Uttaranchal State.
40. Reports relating to accounts of Uttar Pradesh State.
41. Distribution of revenue.
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PART VI
APPORTIONMENT OF ASSETS AND LIABILITIES
SECTIONS
42. Application of Part.
43. Land and goods.
44. Treasury and bank balances.
45. Arrears of taxes.
46. Right to recover loans and advances.
47. Investments and credits in certain funds.
48. Assets and liabilities of State undertakings.
49. Public Debt.
50. Floating Debt.
51. Refund of taxes collected in excess.
52. Deposits, etc.
53. Provident fund.
54. Pensions.
55. Contracts.
56. Liability in respect of actionable wrong.
57. Liability as guarantor.
58. Items in suspense.
59. Residuary provision.
60. Apportionment of assets or liabilities by agreement.
61. Power of Central Government to order allocation or adjustment in certain cases.
62. Certain expenditure to be charged on Consolidated Fund.
PART VII
PROVISIONS AS TO CERTAIN CORPORATIONS
63. Provisions for Uttar Pradesh Power Corporation Limited, etc.
64. Continuance of arrangements in regard to generation and supply of electric power and supply of
water.
65. Provisions as to Uttar Pradesh State Financial Corporation.
66. Provisions as to certain companies.
67. General provision as to statutory Corporations.
68. Temporary provisions as to continuance of certain existing road transport permits.
69. Special provisions relating to retrenchment compensation in certain cases.
70. Special provision as to income-tax.
71. Continuance of facilities in certain State institutions.
PART VIII
PROVISIONS AS TO SERVICES
72. Provisions relating to All-India Services.
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SECTIONS
73. Provisions relating to other services.
74. Other provisions relating to services.
75. Provisions as to continuance of officers in same post.
76. Advisory Committees.
77. Power of Central Government to give directions.
78. Provisions as to State Public Service Commission.
PART IX
MANAGEMENT AND DEVELOPMENT OF WATER REOURCES
79. Water Resources Development and its Management.
80. Constitution and functions of the Ganga Management Board.
81. Staff of the Management Board.
82. Jurisdiction of the Board.
83. Power of Board to make regulations.
84. Allocation of the water resources of the River Yamuna.
PART X
LEGAL AND MISCELLANEOUS PROVISIONS
85. Amendment of section 15 of Act 37 of 1956.
86. Territorial extent of laws.
87. Power to adapt laws.
88. Power to construe laws.
89. Power to name authorities, etc., for exercising statutory functions.
90. Legal proceedings.
91. Transfer of pending proceedings.
92. Right to pleaders to practise in certain cases.
93. Effect of provisions of the Act inconsistent with other laws.
94. Power to remove difficulties.
THE FIRST SCHEDULE.
THE SECOND SCHEDULE.
THE THIRD SCHEDULE.
THE FOURTH SCHEDULE.
THE FIFTH SCHEDULE.
THE SIXTH SCHEDULE.
THE SEVENTH SCHEDULE.
THE EIGHTH SCHEDULE.
THE NINTH SCHEDULE.
THE TENTH SCHEDULE.
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THE UTTAR PRADESH REORGANISATION ACT, 2000
ACT NO. 29 OF 2000
[25th August, 2000.]
An Act to provide for the reorganisation of the existing State of Uttar Pradesh and for matters
connected therewith.
BE it enacted by Parliament in the Fifty-first Year of the Republic of India as follows:—
PART 1
PRELIMINARY
1. Short title.—This Act may be called the Uttar Pradesh Reorganisation Act, 2000.
2. Definitions.—In this Act, unless the context otherwise requires,—
(a) “appointed day”1 means the day which the Central Government may, by notification in the
Official Gazette, appoint;
(b) “article” means an article of the Constitution;
(c) “assembly constituency”, “council constituency” and “parliamentary constituency” have the
same meanings as in the Representation of the People Act, 1950 (43 of 1950);
(d) “Election Commission ” means the Election Commission appointed by the President under
article 324;
(e) “existing State of Uttar Pradesh ” means the State of Uttar Pradesh as existing immediately
before the appointed day;
(f) “law” includes any enactment, ordinance, regulation, order, bye-law, rule, scheme, notification
or other instrument having, immediately before the appointed day, the force of law in the whole or in
any part of the existing State of Uttar Pradesh;
(g) “notified order” means an order published in the Official Gazette;
(h) “population ratio”, in relation to the States of Uttar Pradesh and Uttaranchal, means the ratio
of 1321:70;
(i) “sitting member”, in relation to either House of Parliament or of the Legislature of the existing
State of Uttar Pradesh, means a person who immediately before the appointed day, is a member of
that House;
(j) “successor State”, in relation to the existing State of Uttar Pradesh, means the State of Uttar
Pradesh or Uttaranchal;
(k) “transferred territory” means the territory which on the appointed day is transferred from the
existing State of Uttar Pradesh to the State of Uttaranchal;
(l) “treasury” includes a sub-treasury; and
(m) any reference to a district, tehsil or other territorial division of the existing State of Uttar
Pradesh shall be construed as a reference to the area comprised within that territorial division on the
appointed day.
1. 9th November, 2000, vide notification No. S.O. 950(E), dated 20th October, 2000, see Gazette of India, Extraordinary, Part II,
sec. 3(ii).
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PART II
REORGANISATION OF THE STATE OF UTTAR PRADESH
3. Formation of Uttaranchal State .—On and from the appointed day, there shall be formed a new
State to be known as the State of Uttaranchal comprising the following territories of the existing S tate of
Uttar Pradesh, namely:—
Pauri Garhwal, Tehri Garhwal, Uttar Kashi, Chamoli, Dehradun, Nainital, Almora, Pithoragarh,
Udham Singh Nagar, Bageshwar, Champawat, Rudraprayag and Hardwar districts,
and thereupon the said territories shall cease to form part of the existing State of Uttar Pradesh.
4. State of Uttar Pradesh and territorial divisions thereof .—On and from the appointed day, the
State of Uttar Pradesh shall comprise the territories of the existing State of Uttar Pradesh other than those
specified in section 3.
5. Amendment of the First Schedule to the Constitution .—On and from the appointed day, in the
First Schedule to the Constitution, under the heading “I. THE STATES”,—
(a) in the paragraph relating to the territories of the State of Uttar Pradesh, after the words,
brackets and figures “clause ( a) of sub -section ( 1) of section 3 of the Bihar and Uttar Pradesh
(Alteration of Boundaries) Act, 1968 (24 of 1968), the following shall be inserted, namely:—
“and the territories specified in section 3 of the Uttar Pradesh Reorganisation Act, 2000”;
(b) after entry 26, the following entry shall be inserted, namely:—
“27. Uttaranchal: The territories specified in section 3 of the Uttar Pradesh Reorganisation Act,
2000.”.
6. Saving powers of State Governments .—Nothing in the foregoing provisions of this Part shall be
deemed to affect the power of the Government of Uttar Pradesh or Uttaranchal to alter, after the appointed
day, the name, area or boundaries of any district or other territorial division in the State.
PART III
REPRESENTATION IN THE LEGISLATURES
The Council of States
7. Amendment of the Fourth Schedule to the Constitution .—On and from the appointed day, in
the Fourth Schedule to the Constitution, in the Table,—
(a) entries 17 to 28 shall be renumbered as entries 18 to 29 respectively;
(b) in entry 16, for the figures “34”, the figures “31” shall be substituted;
(c) after entry 16, the following entry shall be inserted, namely:—
“17.Uttaranchal ....................................................................3”.
8. Allocation of sitting members.—(1) On and from the appointed day, thirty -four sitting members
of the Council of States representing the existing State of Uttar Pradesh shall be deemed to have been
elected to fill the seats allotted to the States of Uttar Pradesh and Uttaranchal , as specified in the First
Schedule to this Act.
(2) The term of office of such sitting members shall remain unaltered.
The House of the People
9. Representation in the House of the People .—On and from the appointed day, there shall be
allocated 80 seats to the successor State of Uttar Pradesh, and 5 to the successor State of Uttaranchal, in
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the House of the People, and the First Schedule to the Representation of the People Act, 1950 (43 of
1950) shall be deemed to be amended accordingly.
10. Delimitation of Parliamentary and Assembly Constituencies .—On and from the appointed
day, the Delimitation of Parliamentary and Assembly Constituencies Order, 1976, shall stand amended as
directed in the Second Schedule to this Act.
11. Provision as to sitting members .—(1) Every sitting member of the House of the People
representing a constituency which, on the appointed day by virtue of the provisions of section 10, stands
allotted, with or without altera tion of boundaries, to the successor State of Uttar Pradesh or Uttaranchal,
shall be deemed to have been elected to the House of the People by that constituency as so allotted.
(2) The term of office of such sitting members shall remain unaltered.
The Legislative Assembly
12. Provisions as to Legislative Assemblies .—(1) The number of seats as on the appointed day in
the Legislative Assemblies of the States of Uttar Pradesh and Uttaranchal shall be four hundred and three
and seventy respectively.
(2) In the Second Schedule to the Representation of the People Act, 1950 (43 of 1950), under heading
“I. States”—
(a) entries 25 and 26 shall be renumbered as entries 26 and 27 respectively;
(b) after entry 24, the following entry shall be inserted, namely:—
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“25. Uttaranchal.......................…......... 70”;
(c) in entry 26 as so renumbered, for the figures “425”, the figures “403” shall be substituted.
13. Allocation of sitting members .—(1) Every sitting member of the Legislative Assembly of the
existing State of Uttar Pradesh elected to fill a seat in that Assembly from a constituency which on the
appointed day by virtue of the provisions of section 10 stands allotted, with or without alteration of
boundaries, to the State of Uttaranchal shall, on and fro m that day, cease to be a member of the
Legislative Assembly of Uttar Pradesh and shall be deemed to have been elected to fill a seat in the
provisional Legislative Assembly of Uttaranchal from that constituency as so allotted.
(2) All other sitting members of the Legislative Assembly of the existing State of Uttar Pradesh shall
continue to be members of the Legislative Assembly of that State and any such sitting member
representing a constituency the extent or the name and extent of which are altered by vi rtue of the
provisions of section 10 shall be deemed to have been elected to the Legislative Assembly of Uttar
Pradesh by that constituency as so altered.
(3) Notwithstanding anything contained in any other law for the time being in force, the Legislative
Assemblies of Uttar Pradesh and Uttaranchal shall be deemed to be duly constituted on the appointed day.
(4) The sitting member of the Legislative Assembly of the existing State of Uttar Pradesh nominated
to that Assembly under article 333 to represent the Anglo-Indian community shall be deemed to have
been nominated to represent the said community in the Legislative Assembly of Uttar Pradesh under that
article.
14. Composition of provisional Legislative Assembly of Uttaranchal .—(1) On and from the
appointed day and until the Legislative Assembly of the successor State of Uttaranchal has been duly
constituted and summoned to meet for the first session under the provisions of the Constitution, a
provisional Legislative Assembly of the State of Uttaranchal, co nsisting of the twenty -two sitting
members of the Legislative Assembly and nine members of the Legislative Council of the existing State
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of Uttar Pradesh representing the Assembly constituencies or Council constituencies of the territories
transferred by virtue of the provisions of section 3 shall be constituted.
(2) The provisional Legislative Assembly of the State of Uttaranchal shall exercise all the powers and
perform all the duties conferred by the provisions of the Constitution on the Legislative Assembly of that
State.
(3) The term of office of the members of the provisional Legislative Assembly of the State of
Uttaranchal shall, unless the said Legislative Assembly is sooner dissolved, expire immediately before the
first meeting of the Legislative Assembly of the State of Uttaranchal.
15. Duration of Legislative Assemblies .—The period of five years referred to in clause ( 1) of
article 172 shall, in the case of the Legislative Assembly of the State of Uttar Pradesh, be deemed to have
commenced on the date on which it actually commenced in the case of the Legislative Assembly of the
existing State of Uttar Pradesh.
16. Speaker and Deputy Speaker.—(1) The persons who immediately before the appointed day are
the Speaker and Deputy Speaker of the Legis lative Assembly of the existing State of Uttar Pradesh shall
continue to be the Speaker and Deputy Speaker respectively of that Assembly on and from that day.
(2) As soon as may be after the appointed day, the provisional Legislative Assembly of the succes sor
State of Uttaranchal shall choose two members of that Assembly to be respectively Speaker and Deputy
Speaker thereof and until they are so chosen, the duties of the office of Speaker shall be performed by
such member of the Assembly as the Governor may appoint for the purpose.
17. Rules of procedure .—The rules of procedure and conduct of business of the Legislative
Assembly of Uttar Pradesh as in force immediately before the appointed day shall, until rules are made
under clause ( 1) of article 208, be the rules of procedure and conduct of business of the Legislative
Assembly of Uttaranchal, subject to such modifications and adaptations as may be made therein by the
Speaker thereof.
The Legislative Council of Uttar Pradesh
1[18. Legislative Council of Ut tar Pradesh .—On and from the appointed day, there shall be one
hundred seats in the Legislative Council of Uttar Pradesh, and in the Third Schedule to the Representation
of the People Act, 1950 (43 of 1950), for the existing entry 8, the following entry shall be substituted,
namely:—
“8. Uttar Pradesh.......................100 36 8 8 38 10”.]
19. Amendment of the Delimitation of Council Constituencies .—On and from the appointed day,
the Delimitation of the Council Constituencies (Uttar P radesh) Order, 1951 shall stand amended as
directed in the Third Schedule.
20. Provision as to certain sitting members .—(1) On and from the appointed day, the sitting
members of the Legislative Council of the existing State of Uttar Pradesh specified in the Fourth Schedule
to this Act shall cease to be members of that Council and shall be deemed to be the members of the
provisional Legislative Assembly.
(2) On and from the appointed day, all sitting members of the Legislative Council of the existing
State of Uttar Pradesh other than those referred to in sub -section (1) shall continue to be members of that
Council.
(3) The term of office of the members referred to in sub-section (2) shall remain unaltered.
1. Subs. by Act 7 of 2004, s. 2, for section 18 (w.e.f. 9-11-2000).
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21. Deputy Chairman .—The person who immediately bef ore the appointed day is the Deputy
Chairman of the Legislative Council of the existing State of Uttar Pradesh shall continue to be the Deputy
Chairman, on and from that day of that Council.
Delimitation of constituencies
22. Delimitation of constituencies .—(1) For the purpose of giving effect to the provisions of
section 12, the Election Commission shall determine in the manner hereinafter provided—
(a) the number of seats to be reserved for the Scheduled Castes and the Scheduled Tribes in the
Legislative Assemblies of the States of Uttar Pradesh and Uttaranchal, respectively, having regard to
the relevant provisions of the Constitution;
(b) the assembly constituencies into which each State referred to in clause ( a) shall be divided,
the extent of each of such constitue ncies and in which of them seat s shall be reserved for the
Scheduled Castes or for the Scheduled Tribes; and
(c) the adjustments in the boundaries and description of the extent of the parliamentary
constituencies in each State referred to in clause (a) that may be necessary or expedient.
(2) In determining the matters referred to in clauses ( b) and ( c) of sub -section ( 1), the Election
Commission shall have regard to the following provisions, namely:—
(a) all the constituencies shall be single-member constituencies;
(b) all constituencies shall, as far as practicable, be geographically compact areas, and in
delimiting them, regard shall be had to physical features, existing boundaries of administrative units,
facilities of communication and conveniences to the public; and
(c) constituencies in which seats are reserved for the Scheduled Castes and the Scheduled Tribes
shall, as far as practicable, be located in areas where the proportion of their population to t he total
population is the largest.
(3) The Election Commission shall, for the purpose of assisting it in the performance of its functions
under sub-section (1), associate with itself as associate members, five persons as the Central Government
may by order specify, being persons who are the members of the Legislative Assembly of the State or of
the House of the People representing the State:
Provided that none of the associate members shall have a right to vote or to sign any deci sion of the
Election Commission.
(4) If, owing to death or resignation, the office of an associate member falls vacant, it shall be filled
as far as practicable, in accordance with the provisions of sub-section (3).
(5) The Election Commission shall—
(a) publish its proposals for t he delimitation of constituencies together with the dissenting
proposals, if any, of any associate member who desires publication thereof in the Official Gazette and
in such other manner as the Commission may consider fit, together with a notice inviting o bjections
and suggestions in relation to the proposals and specifying a date on or after which the proposals will
be further considered by it;
(b) consider all objections and suggestions which may have been received by it before the date so
specified; and
(c) after considering all objections and suggestions which may have been received by it before the
date so specified, determine by one or more orders the delimitation of constituencies and cause such
order or orders to be published in the Official Gazette; and upon such publication, the order or orders
shall have the full force of law and shall not be called in question in any court.
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(6) As soon as may be after such publication, every such order relating to assembly constituencies
shall be laid before the Legislative Assembly of the concerned State.
23. Power of Election Commission to maintain Delimitation Orders up -to-date.—(1) The
Election Commission may, from time to time by notification in the Official Gazette,—
(a) correct any printing mistakes in any order made under section 22 or any error arising therein
from inadvertent slip or omission; and
(b) where the boundaries or name of any territorial division mentioned in any such order or orders
is or are altered, make such amendments as appear to it to be necessary or expedient for bringing such
order up-to-date.
(2) Every notification under this section relating to an assembly constituency shall be laid, as soon as
may be after it is issued, before the concerned Legislative Assembly.
Scheduled castes and Scheduled Tribes
24. Amendment of the Scheduled Castes Order.—On and from the appointed day, the Constitution
(Scheduled Castes) Order, 1950, shall stand amended as directed in the Fifth Schedule to this Act.
25. Amendment of the Scheduled Tribes Order.—On and from the appointed day, the Constitution
(Scheduled Tribes) Order, 1950, shall stand amended as directed in the Sixth Schedule to this Act.
PART IV
HIGH COURT
26. High Court of Uttaranchal .—(1) As from the appointed day, there shall be a separate High
Court for the State of Uttaranchal (hereinafter referred to as “the High Court of Uttaranchal ”) and the
High Court of Judicature at Allahabad shall become the High Court for the State of Uttar Pradesh
(hereinafter referred to as the High Court at Allahabad).
(2) The principal seat of the High Court of Uttaranchal shall be at such place as the President may, by
notified order, appoint.
(3) Notwithstanding anything contained in sub-section (2), the Judges and division courts of the High
Court of Uttaranchal may sit at such other place or places in the State of Uttarancha l other than its
principal seat as the Chief Justice may, with the approval of the Governor of Uttaranchal, appoint.
27. Judges of Uttaranchal High Court .—(1) Such of the Judges of the High Court at Allahabad
holding office immediately before the appointed day as may be determined by the President shall on that
day cease to be Judges of the High Court at Allahabad and become , Judges of the High Court of
Uttaranchal.
(2) The persons who by virtue of sub -section ( 1) become Judges of the High Court of Uttaranchal
shall, except in the case where any such person is appointed to be the Chief Justice of that High Court,
rank in that Court according to the priority of their respective appointments as Judges of the High Court at
Allahabad.
28. Jurisdiction of Uttaranchal High Court.—The High Court of Uttaranchal shall have, in respect
of any part of the territories included in the State of Uttaranchal, all such jurisdiction, powers and
authority as, under the law in force immediately before the appointed day, are exercisable in respect of
that part of the said territories by the High Court at Allahabad.
29. Special provision relating to Bar Council and advocates.—(1) On and from the appointed day,
in the Advocates Act, 1961 (25 of 1961), in section 3, in sub-section (1), in clause (a), for the words “and
Uttar Pradesh”, the words “Uttar Pradesh and Uttaranchal” shall be substituted.
(2) Any person who immediately before the appointed day is an advocate on the roll of the Bar
Council of the existing State of Uttar Pradesh may give his option in writing, within one year from the
11
appointed day to the Bar Council of such existing State, to transfer his name on the roll of the Bar Council
of Uttaranchal and notwithstand ing anything contained in the Advocates Act, 1961 (25 of 1961) and the
rules made thereunder, on such option so given his name shall be deemed to have been transferred on the
roll of the Bar Council of Uttaranchal with effect from the date of the option so given for the purposes of
the said Act, and the rules made thereunder.
(3) The persons other than the advocates who are entitled immediately before the appointed day, to
practise in the High Court at Allahabad or any subordinate court thereof shall, on an d after the appointed
day, be recognised as such persons entitled also to practise in the High Court of Uttaranchal or any
subordinate court thereof, as the case may be.
(4) The right of audience in the High Court of Uttaranchal shall be regulated in accor dance with the
like principles as immediately before the appointed day are in force with respect to the right of audience
in the High Court at Allahabad.
30. Practice and procedure in Uttaranchal High Court.—Subject to the provisions of this Part, the
law in force immediately before the appointed day with respect to practice and procedure in the High
Court at Allahabad shall, with the necessary modifications, apply in relation to the High Court of
Uttaranchal, and accordingly, the High Court of Uttaranchal shall have all such powers to make rules and
orders with respect to practice and procedure as are immediately before the appointed day exercisable by
the High Court at Allahabad:
Provided that any rules or orders which are in force immediately before the appointed day with
respect to practice and procedure in the High Court at Allahabad shall, until varied or revoked by rules or
orders made by the High Court of Uttaranchal, apply with the necessary modifications in relation to
practice and procedure in the High Court of Uttaranchal as if made by that Court.
31. Custody of seal of Uttaranchal High Court .—The law in force immediately before the
appointed day with respect to the custody of the seal of the High Court at Allahabad shall, with the
necessary modifications, apply with respect to the custody of the seal of the High Court of Uttaranchal.
32. Form of writs and other processes .—The law in force immediately before the appointed day
with respect to the form of writs and other processes used, issued or awa rded by the High Court at
Allahabad shall, with the necessary modifications, apply with respect to the form of writs and other
processes used, issued or awarded by the High Court of Uttaranchal.
33. Powers of Judges .—The law in force immediately before the appointed day relating to the
powers of the Chief Justice, single Judges and division courts of the High Court at Allahabad and with
respect to all matters ancillary to the exercise of those powers shall, with the necessary modifications,
apply in relation to the High Court of Uttaranchal.
34. Procedure as to appeals to Supreme Court .—The law in force immediately before the
appointed day relating to appeals to the Supreme Court from the High Court at Allahabad and the Judges
and division courts thereof shall, with the necessary modifications, apply in relation to the High Court of
Uttaranchal.
35. Transfer of proceedings from Allahabad High Court to Uttaranchal High Court .—(1)
Except as hereinafter provided, the High Court at Allahabad shall, as from the appointed day, have no
jurisdiction in respect of the transferred territory.
(2) Such proceedings pending in the High Court at Allahabad immediately before the appointed day
as are certified, whether before or after that day, by the Chief Justice of that High Court, having regard to
the place of accrual of the cause of action and other circumstances, to be proceedings which ought to be
heard and decided by the High Court of Uttaranchal shall, as soon as may be after such certification, be
transferred to the High Court of Uttaranchal.
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(3) Notwithstanding anything contained in sub-sections (1) and (2) of this section or in section 28, but
save as hereinafter provided, the High Court at Al lahabad shall have, and the High Court of Uttaranchal
shall not have, jurisdiction to entertain, hear or dispose of appeals, applications for leave to the Supreme
Court, applications for review and other proceedings where any such proceedings seek any reli ef in
respect of any order passed by the High Court at Allahabad before the appointed day:
Provided that if after any such proceedings have been entertained by the High Court at Allahabad, it
appears to the Chief Justice of that High Court that they ought to be transferred to the High Court of
Uttaranchal, he shall order that they shall be so transferred, and such proceedings shall thereupon be
transferred accordingly.
(4) Any order made by the High Court at Allahabad—
(a) before the appointed day, in any proceedings transferred to the High Court of Uttaranchal by
virtue of sub-section (2), or
(b) in any proceedings with respect to which the High Court at Allahabad retains jurisdiction by
virtue of sub-section (3),
shall for all purposes have effect, not only as an order of the High Court at Allahabad, but also as an order
made by the High Court of Uttaranchal.
36. Right to appear or to act in proceedings transferred to Uttaranchal High Court .—Any
person who, immediately before the appointed day, is an advocate entitled to practise or any other persons
entitled t o practise in the High Court at Allahabad and was authorised to appear in any proceedings
transferred from that High Court to the High Court of Uttaranchal under section 35, shall have the right to
appear in the High Court of Uttaranchal in relation to those proceedings.
37. Interpretation.—For the purposes of section 35—
(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, petitions for revision and petitions for writs; and
(b) references to a High Court shall be construed as including 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.
38. Savings.—Nothing in this Part shall affect the application to the High Court of Uttaranchal 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 Legislature or other authority having
power to make such provision.
PART V
AUTHORISATION OF EXPENDITURE AND DISTRIBUTION OF REVENUES
39. Authorisation of expenditure of Uttaranchal State .—The Governor of Uttar Pradesh may, at
any time before the appointed day, authorise such expenditure from the Consolidated Fund of the State of
Uttaranchal as he deems necessary for any period not more than six months beginning with the appointed
day pending the sanction of such expenditure by the Legislative Assembly of the State of Uttaranchal:
Provided that the Governor of Uttaranchal may, after the appointed day, authorise such further
expenditure as he deems necessary from the Consolidated Fund of the State of Uttaranchal for any period
not extending beyond the said period of six months.
40. Reports relating to accounts of Uttar Pradesh State .—(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
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State of Uttar Pradesh in respect of any period prior to the appointed day shall be submitted to the
Governor of each of the successor States of Uttar Pradesh and Uttaranchal who shall cause them to be laid
before the Legislature of that State.
(2) The President may by order—
(a) declare any expenditure incurred out of the Consolidated Fund of Uttar Pradesh on any
service in respect of any period prior to the appointed day during the financial year 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 authorised; and
(b) provide for any action to be taken on any matter arising out of the said reports.
41. Distribution of revenue .—The President shall, by order, determine the share of the States of
Uttar Pradesh and Uttaranchal in its total amount payable to the existing State of Uttar Pradesh on the
recommendation of the Finance Commission constituted under article 280 in such manner as he thinks fit.
PART VI
APPORTIONMENT OF ASSETS AND LIABILITIES
42. Application of Part.—(1) The provisions of this Part shall apply in relation to the apportionment
of the assets and liabilities of the existing State of Uttar Pradesh immediately before the appointed day.
(2) The successor States shall be entitled to receive benefits arising out of the decisions taken by the
predecessor State and the successor States shall be liable to bear the financial liabilities arising out of the
decisions taken by the existing State of Uttar Pradesh.
(3) The apportionment of assets and liabilities would be subject to such financial adjustment as may
be necessary to secure just, reasonable and equitable apportionment of the assets and liabilities amongst
the successor States.
(4) Any dispute regarding the amount of financial assets and liabilities shall be settled through mutual
agreement, failing which by order by the Central Government on the advice of the Comptroller and
Auditor-General of India.
43. Land and goods.—(1) Subject to the other provisions of this Part, all land and all stores, articles
and other goods belonging to the existing State of Uttar Pradesh shall,—
(a) if within the transferred territory, pass to the State of Uttaranchal; or
(b) in any other case, remain the property of the State of Uttar Pradesh:
Provided that where the Central Government is of opinion that any goods or class of goods should be
distributed among the States of Uttar Pradesh and Uttaranchal, 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:
Provided further that in case of any dispute relating to the distribution of any goods or class of goods
under this sub -section, the Central Government shall endeavour to settle such dispute through mutual
agreement arrived at between the Governments of the successor States for that purpose, failing which th e
Central Government may, on request by any of the Governments of the successor States, after consulting
both the Governments of the successor States, issue such direction as it may deem fit for the distribution
of such goods or class of goods, as the case may be, under this sub-section.
(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 States in whose
territories such institutions, workshops, undertakings or works are located.
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(3) Stores relating to the Secretariat and offices of Heads of Departments having jurisdiction over the
whole of the existing State of Uttar Pradesh shall be divided between the successor States in accordance
with such directions as the Central Government may, after consultation with the Government of each
successor States, think fit to issue for a just and equitable distribution of such stores.
(4) Any other unissued stores of any class in the ex isting State of Uttar Pradesh shall be divided
between the successor States in proportion to the total stores of that class purchased in the period of three
years prior to the appointed day, for the territories of the existing State of Uttar Pradesh includ ed
respectively in each of the successor States:
Provided that where such proportion cannot be ascertained in 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.
(5) 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 currency notes.
44. Treasury and bank balances .—The total of the cash balances in all treasuries of the State of
Uttar Pradesh and the credit balances of the 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 States of Uttar
Pradesh and Uttaranchal according to the population ratio:
Provided that for the purposes of such division, there shall be no transfer of cash balances from any
treasury to any other tr easury and the apportionment shall be effected by adjusting the credit balances of
the two States in the books of the Reserve Bank of India on the appointed day:
Provided further that if the State of Uttaranchal has no account on the appointed day with the Reserve
Bank of India, the adjustment shall be made in such manner as the Central Government may, by order,
direct.
45. Arrears of taxes.—The right to recover arrears of the tax or duty on property, including arrears
of land revenue, shall belong to the successor State in which 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 on the appointed day.
46. Right to recover loans and advances .—(1) The right of the existing State of Uttar Pradesh to
recover any loans or advances made before the appointed day to any local body, society, agriculturist or
other person in an area within that State shall belong to the succ essor State in which that area is included
on that day.
(2) The right of the existing State of Uttar Pradesh to recover any loans or advances made before the
appointed day to any person or institution outside that State shall belong to the State of Uttar Pradesh:
Provided that any sum recovered in respect of any such loan or advance shall be divided between the
States of Uttar Pradesh and Uttaranchal according to the population ratio.
47. Investments and credits in certain funds.—(1) The securities held in respect of the investments
made from Cash Balances Investment Account or from any Fund in the Public Account of the existing
State of Uttar Pradesh as specified in the Seventh Schedule shall be apportioned in the ratio of population
of the successor States:
Provided that the securities held in investments made from the Calamity Relief Fund of the existing
State of Uttar Pradesh shall be divided in the ratio of the area of the territories occupied by the successor
States:
Provided further that the balance in the Reserve Funds in the Public Account of Uttar Pradesh created
wholly out of appropriations from the Consolidated Fund of the existing State of Uttar Pradesh, to the
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extent the balances have not been invested outside Government account, shall not be car ried forward to
similar Reserve Funds in the Public Account of the successor States.
(2) The investments of the existing State of Uttar Pradesh immediately before the appointed day in
any special fund, the objects of which are confined to a local area, sha ll belong to the State in which that
area is included on the appointed day.
(3) The investments of the existing State of Uttar Pradesh 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 Balances Investment Account, shall pass to the State in
which the principal seat of business of the undertaking is located.
(4) Where any body corporate constituted under a Central Act, S tate Act or Provincial Act for the
existing State of Uttar Pradesh or any part thereof has, by virtue of the provisions of Part II, become an
inter-State body corporate, the investments in, or loans or advances to, any such body corporate by the
existing State of Uttar Pradesh made before the appointed day shall, save as otherwise expressly provided
by or under this Act, be divided between the States of Uttar Pradesh and Uttaranchal in the same
proportion in which the assets of the body corporate are divided under the provisions of this Part.
48. Assets and liabilities of State undertakings .—(1) The assets and liabilities relating to any
commercial or industrial undertaking of the State of Uttar Pradesh shall pass to the State in which the
undertaking is located.
(2) Where a depreciation reserve fund is maintained by the State of Uttar Pradesh for any such
commercial or industrial undertaking, the securities held in respect of investments made from that fund
shall pass to the State in which the undertaking is located.
49. Public Debt.—(1) All liabilities on account of Public Debt and Public Account of the existing
State of Uttar Pradesh outstanding immediately before the appointed day shall be apportioned in the ratio
of population of the successor States unle ss a different mode of apportionment is provided under the
provisions of this Act.
(2) The individual items of liabilities to be allocated to the successor States and the amount of
contribution required to be made by one successor State to another shall be such as may be ordered by the
Central Government in consultation with the Comptroller and Auditor-General of India:
Provided that till such orders are issued, the liabilities on account of Public Debt and Public Account
of the existing State of Uttar Prad esh shall continue to be the liabilities of the successor State of Uttar
Pradesh.
(3) The liability on account of loan raised from any source and re -lent by the existing State of Uttar
Pradesh to such entities as may be specified by the Central Government and whose area of operation is
confined to either of the successor States shall devolve on the respective States as specified in
sub-section (4).
(4) The public debt of the existing State of Uttar Pradesh attributable to loan taken from any source
for the express purpose of re -lending the same to a specific institution and outstanding immediately
before the appointed day shall,—
(a) if re-lent to any local body, body corporate or other institution in any local area, be the debt of
the State in which the local area is included on the appointed day; or
(b) if re-lent to the Uttar Pradesh Power Corporation Limited, the Uttar Pradesh Jal Vidyut Nigam
Limited, the Uttar Pradesh Rajya Vidyut Utpadan Nigam Limited, the Uttar Pradesh State Road
Transport Corporation, or the Uttar Pradesh Housing Board or any other institution which becomes an
inter-State institution on the appointed day, be divided between the States of Uttar Pradesh and
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Uttaranchal in the same proportion in which the assets of such body corporate o r institution are
divided under the provisions of Part VII.
(5) Where a sinking fund or a depreciation fund is maintained by the existing State of Uttar Pradesh
for repayment of any loan raised by it, the securities held in respect of investments made from that fund
shall be divided between the successor States of Uttar Pradesh and Excerpt shown. Open the full act in Lexace.