BIHAR AND UTTAR PRADESH (ALTERATION OF BOUNDARIES) ACT, 1968

24 of 1968

22nd May, 1968

STATEMENT OF OBJECTS AND REASONS At present the deep stream of the river Ganga forms the inter-State boundary between the Shahabad district of Bihar and Ballia district of Uttar Pradesh. Similarly, the deep stream of the river Ghaghra is the inter- State boundary between the Saran district of Bihar and Ballia district of Uttar Pradesh. As the two rivers change their course almost every year, the deep streams do not remain constant with the result that the inter-State boundary continues to fluctuate. This has often given rise to difficult administrative problems in the affected areas particularly in the field of revenue administration and law and order. From time to time. efforts were made by the two State Govts. to find a satisfactory solution to this problem but they could not agree on the points whether the fluctuating boundary should be replaced by a fixed boundary and, if so, what should be that boundary. In 1961. the Chief Ministers of the two States agreed that the matter be referred to an Arbitrator appointed by the Prime Minister, and to abide by the decision given by the Prime Minister on a consideration of the recommendations of the Arbitrator. Shri C. M. Trivedi was appointed as Arbitrator in this case and he submitted his report to the late Prime Minister (Shri Lal Bahadur Shastri) on 28th August, 1964, recommending a fixed boundary in both the Ganga and Ghaghra sectors. 2. These recommendations were accepted by the late Prime Minister (Shri Lal Bahadur Shastri) and conveyed to the two State Governments. The effect of the recommendations made by Shri G. M. Trivedi would be as follows:- 1. On the basis of the 1963-64 deep stream position, the fixed boundary involves the transfer of an area of about 45 square miles from Uttar Pradesh to Bihar and about 64 square miles from Bihar to Utttar Pradesh: and 2. About 85 per cent. of the fixed boundary will be on land in the Ganga sector and 75 per cent. of it will be on land in the Ghaghra sector, whereas the entire boundary at present lies in water. The Bill seeks to give effect to these recommendations 3. Clause 26 of the Bill provides that the existing laws shall continue to be in force in the transferred territories until otherwise provided by a competent legislature or other competent authority. However, because of the fluctuating nature of the present boundary, the actual extent of the transferred territories may not be clear to the authorities who have to implement the laws. Hence, provision has been made for the demarcation of the fixed boundary on land. determination of the deep streams of the two rivers and preparation and publication of a map of the transferred territories betore the actual transfer is effected. 4. The Bill also makes the necessary supplemental and incidental provisions relating to the representation in Parliament and State Legislatures, transfer of jurisdiction between the High Courts of Bihar and Uttar Pradesh, authorisation of expenditure, apportionment of assets and liabilities and certain other matters. 5. As required by the proviso to article 3 of the Constitution this Bill was referred by the President to the Legislators of the States of Bihar and Uttar Pradesh for expression of their views. 6. The notes on clauses explain in detail the various provisions of the Bill-Gaz. of Ind., 12-8-1967, Pt. II-Sec. 2, p. 858. An Act to provide for the alteration of boundaries of the States of Bihar and Uttar Pradesh and for matters connected therewith. Be it enacted by Parliament in the Nineteenth Year of the Republic of India as follows:

PART 01: PRELIMINARY

SECTION 01: SHORT TITLE

- This Act may be called the Bihar and Uttar Pradesh (Alteration of Boundaries) Act, 1968.

SECTION 02: DEFINITIONS

- In this Act, unless the context otherwise requires,-

(a) 'appointed day' means the day which the Central Government may, by notification in the Official Gazette, appoint1;

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

(c) 'deep stream', in relation to the river Ganga or the river Ghaghra, means the deep stream thereof as verified and agreed upon by the State Governments of Bihar and Uttar Pradesh after the 30th day of September of the year preceding the year in which the appointed day falls and before the 1st day of January of the year in which the appointed day falls and in default of agreement between the State Governments, as determined by such authority as may be specified by the Central Government;

(d) 'fixed boundary' means the boundary line demarcated under the provisions of sub-section (2) of section 3-in relation to the river Ganga or the river Ghaghra. as the case may be;

(e) 'law' includes any enactment, ordinance, regulation, order, bye-law, rule, scheme, notification or other instrument having the force of law in the whole or in any part of the State of Bihar or Uttar Pradesh;

(f) 'notified order' means an order published in the Official Gazette;

(g) 'prescribed' means prescribed by rules made under this Act;

(h) 'sitting member', in relation to either House of Parliament or of the Legislature of a State, means a person who immediately before the appointed day is a member of that House;

(i) 'transferred territories' means,-

(i) in relation to the State of Bihar, the territories transferred by this Act from that State to the State of Uttar Pradesh, and

(ii) in relation to the State of Uttar Pradesh, the territories transferred by this Act from that State to the State of Bihar.

(j) any reference to a district of a State shall be construed as a reference to the area physically comprised within that district immediately before the appointed day.

Clause2...............the boundary between the States of Bihar and Uttar Pradesh in the area to which the Bill relates is the deep stream of each of the two rivers as it emerges after each rainy season. The inter-State boundary immediately before the transfer of territories would, therefore, be the deep streams of the two rivers as they would emerge at the end of the rainy season preceding the transfer. Sub-clause (c) defines deep stream on this basis and also empowers the Central Government to have it determined in case there is disagreement between the States.-Gaz.of Ind., 12-8-1967, Pt. II, S,2, Ext.. p. 860.

PART 02: TRANSFER OF TERRITORIES

SECTION 03: TRANSFER OF TERRITORIES

(1) As from the appointed day-

(a) there shall be added to the State of Bihar-

(i) ail the territories of Ballia district of the State of Uttar Pradesh lying between the fixed boundary and the deep stream of the river Ghaghra, and

(ii) all the territories of that district lying between the fixed boundary and the deep stream of the river Ganga, and the said territories shall thereupon cease to form part of the State of Uttar Pradesh; and

(b) there shall be added to the State of Uttar Pradesh-

(i) all the territories of Saran district of the State of Bihar lying between the fixed boundary and the deep stream of the river Ghaghra, and

(ii) all the territories of Shahabad district of the State of Bihar lying between the fixed boundary and the deep stream of the river Ganga,

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

(2) The fixed boundary in relation to each of the rivers Ganga and Ghaghra shall be demarcated by an authority appointed in this behalf by the Central Government so as to be generally in conformity with the boundary line described in the Schedule in relation to that river: Provided that in the process of such demarcation, the said authority shall have power to rationalise to the extent considered necessary by him, the boundary alignment between the high banks of the river Ganga or the river Ghaghra, as the case may be, and in particular shall try-

(a) to ensure, as far as possible the stability of the boundary pillars and the recognition of the boundary alignment both during the dry and flood seasons; and

(b) to avoid, as far as possible, the splitting up of the existing abadis.

(3) For the purposes of such demarcation,-

(a) the decision of the said authority on any matter relating to the interpretation of any part of the description of the boundary given in the Schedule (including the determination of the relevant record referred to in the Explanatory Note to the Schedule) shall be final;

(b) the said authority shall have power to determine the location of the points at which the boundary pillars shall be constructed and to specify the State Government which shall be responsible for the construction and maintenance of the boundary pillars at such points according to such specifications as that authority may indicate (the pillars of the same specifications being apportioned as far as practicable equally between the two State Governments), the decision of the said authority in regard to these matters being final;

(c) it shall be lawful for the said authority and for any person specified by such authority to enter upon and survey any area in the vicinity of the boundary line and to do all other acts as may be necessary.

(4) The authority referred to in sub-section (2) shall also prepare a map of the transferred territories showing-

(a) the deep stream of the river Ghaghra or the river Ganga, as the case may be, and the fixed boundary in relation to that river;

(b) the names and boundaries of the villages in the transferred territories, as indicated by the State Government having jurisdiction over the territories before their transfer, with reference to the revenue records of that Government in force immediately before the preparation of such map and forward such map to the Central Government who shall cause it to be published in the transferred territories in such manner as it thinks fit.

(5) As from the appointed day. the State Government of Bihar or Uttar Pradesh shall, by order in the Official Gazette, provide for the administration of the terrtitories transferred to that State under sub-section (1) by including them or any part of them in such district, sub-division, police-station or other administrative unit as may be specified in the order.

Clause 3 and Schedule.- Sub-cl. (1) of cl. 3 provides for the transfer of the areas of Ballia district in the State of Uttar Pradesh lying between the fixed boundary and the deep streams of the rivers Ganga and Ghaghra to the State of Bihar and for the transfer of the areas of Saran and Shahabad districts in the State of Bihar lying between the fixed boundary and the deep streams of the river Ghaghra and river Ganga respectively to the State of Uttar Pradesh. The Schedule to the Bill describes the fixed boundary but it has to be actually located on the ground and demarcated after making the necessary survey. Sub-clause (2) of clause 3. therefore, provides for the demarcation being done by an authority appointed by the Central Government. The approximate values of the longitudes and latitudes of the various points on the fixed boundary have been given in the Schedule. In actual demarcation it might become necessary to make slight departures from these values on practical considerations. Hence, the proviso to clause 3(2) gives some discretion to the demarcating authority in determining the actual boundary alignment. The description of the fixed boundary in the Schedule which follows the alignment recommended by Shri Trivedi it in terms of straight lines between certain points and in terms of inter-village boundaries as noted in the maps prepared on the basis of the survey made in 1881-83. between other points. Clause 3(3) seeks to empower the demarcating authority to interpret these maps and also to take into account any other relevant records where such maps are not available. This clause also seeks to confer necessary powers on the demarcating authority to conduct survey in the area concerned and to determine the points at which the boundary pillars shall be located and the State which shall be responsible for the construction and maintenance of each such pillar. As stated above, the village boundaries mentioned in the Schedule relate to the years 1881 -83. Since then, on account of change in the course of the rivers and consequent transfer of land from one State to another, the village boundaries have undergone change. Sub-clause (4), therefore, provides for the preparation of a map of the transferred territories showing the village boundaries as they exist at the time of its preparation, and for the publication of the map in the affected area. Sub-clause (5) provides for the issue of notified orders by the two Governments providing for the administration of transferred territories by including them or any part of them in such district, sub-division, police station or other administrative units as may be specified in the orders.-Gaz. of Ind., 12-8-1967, Pt. II, S. 2, Ext., p. 860.

SECTION 04: AMENDMENT OF FIRST SCHEDULE TO THE CONSTITUTION

- As from the appointed day, in the first Schedule to the Constitution, under the heading '1. THE STATES'

(a) for the entry against '3. Bihar'. the following shall be substituted namely:- 'The territories which immediately before the commencement of this Constitution were cither comprised in the Province of Bihar or were being administered as if they formed part of that Province and the territories specified in clause (a) of sub-section (1) of section 3-of the Bihar and Uttar Pradesh (Alteration of Boundaries) Act, 1968, but excluding the territories specified in sub-section (1) of section 3 of the Bihar and West Bengal (Transfer of Territories) Act, 1956-, and the territories specified in clause

(b) of sub-section (1) of section 3-of the first mentioned Act.',

(b) for the entry against 13 Uttar Pradesh, the following shall be substituted, namely:- 'The territories which immediately before the commencement of this Constitution were either comprised in the Province known as the United Provinces or were being administered as if they formed part of that Province and the territories specified in clause (b) of sub-section (1) of section 3-of the Bihar and Uttar Pradesh (Alteration of Boundaries) Act, 1968, but excluding the territories specified in clause (a) of sub-section (1) of section 3-of that Act.'

PART 03: REPRESENTATION IN THE LEGISLATURES

SECTION 05: CONSTRUCTION OF DELIMITATION ORDERS

- As from the appointed day, any reference in any order relating to delimitation of parliamentary constituencies, assembly constituencies or council constituencies-

(a)

(i) to the State of Bihar, shall be construed as including the territories transferred to that State from the State of Uttar Pradesh under clause (a) of sub-section (1) of section 3-, but excluding the territories transferred from the State of Bihar to the State of Uttar Pradesh under clause (b) of that sub-section ;

(ii) to any district, sub-division, police station or other administrative unit in the State of Bihar, shall be construed as including that part of the territories, if any, transferred to that State, which is included in that district, sub-division, police station or other administrative unit by order made under sub-section

(5) of section 3-;

(b)

(i) to the State of Uttar Pradesh, shall be construed as including the territories transferred to that State from the State of Bihar under clause (b) of sub-section (1) of section 3-, but excluding the territories transferred from the State of Uttar Pradesh to the State of Bihar under clause (a) of that sub-section;

(ii) to any district, sub-division, police station or other administrative unit in the State of Uttar Pradesh, shall be construed as including that part of the territories, if any, transferred to that State, which is included in that district, sub-division, police station or other administrative unit by order made under sub-section (5), of section 3-.

Clause 5.- This clause provides for the necessary adjustment of the Parliamentary, Assembly and Council Constituencies.-Gaz. of Ind.. 12-8-1967 Pt. II. S. 2. Ext.. p. 861.

SECTION 06: PROVISION AS TO SITTING MEMBERS

(1) Every sitting member of the House of the People representing any parliamentary constituency the extent of which has been altered by virtue of the provisions of this Act shall, notwithstanding such alteration be deemed as from the appointed day, to have been elected to that House by that constituency as so altered.

(2) Every sitting member of the Legislative Assembly of the State of Bihar or Uttar Pradesh representing any assembly constituency the extent of which has been altered by virtue .of the provisions of this Act shall, notwithstanding such alteration, be deemed as from the appointed day. to have been elected to the said Legislative Assembly by that constituency as so altered.

(3) Every sitting member of the Legislative Council of Bihar or Uttar Pradesh representing any council constituency the extent of which has been altered by virtue of the provisions of this Act, shall notwithstanding such alteration, be deemed, as from the appointed day, to have been elected to the said Legislative Council by that constituency as so altered. Clause 6.- This clause provides that the sitting members of the House of the People and the State Legislatures representing the constituencies altered by the provisions of the Bill will continue to represent those cosntituencies as altered.-Gaz. of Ind., 12-8-1967, Pt. II. S. 2. Ext., p. 861.

PART 04: HIGH COURTS

SECTION 07: EXTENSION OF JURISDICTION OF AND TRANSFER OF PROCEEDINGS TO HIGH COURT AT PATNA

(1) Except as hereinafter provided.

(a) the jurisdiction of the High Court at Patna shall, as from the appointed day extend to the territories transferred by this Act from the State of Uttar Pradesh to the State of Bihar, and

(b) the High Court of Judicature at Allahabad shall, as from that day, have no jurisdiction in respect of the said territories.

(2) Such proceedings pending in the High Court of Judicature at Allahabad immediately before the appointed day as are certified 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 at Patna shall, as soon as may be after such certification, be transferred to the High Court at Patna.

(3) Notwithstanding anything contained in sub-sections (1) and (2), but save as hereinafter provided, the High Court of Judicature at Allahabad shall have, and the High Court at Patna 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 Judicature at Allahabad before the appointed day. Provided that if, after such proceedings have been entertained by the High Court of Judicature at Allahabad, it appears to the Chief Justice of that High Court that they ought to be transferred to the High Court at Patna, 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 of Judicature at Allahabad-

(a) before the appointed day in any proceedings transferred to the High Court at Patna by virtue of sub-section (2), or

(b) in any proceedings with respect to which the High Court of Judicature 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 of Judicature at Allahabad, but also as an order made by the High Court at Patna.

(5) Subject to any rule made or direction given by the High Court at Patna, any such person who immediately before the appointed day is an advocate entitled to practise in the High Court of Judicature at Allahabad as may be specified in this behalf by the Chief Justice of the High Court at Patna having regard to the transfer of territories from the State of Uttar Pradesh to the State of Bihar, shall be recognised as an advocate entitled to practise in the High Court at Patna.

Clauses 7-10.- These clauses provide for the alteration of the jurisdiction of the High Courts at Patna and Allahabad. They also provide for the transfer of proceedings pending in either of the High Courts to the other High Court and enable advocate already engaged in such proceedings to appear and to act in the other High Court in relation to those proceedings. Gaz. of Ind.. 12-8-1967. Pt. II. S. 2. Ext.. p. 861.

SECTION 08: EXTENSION OF JURISDICTION OF, AND TRANSFER OF PROCEEDINGS TO, HIGH COURT AT ALLAHABAD

(1) Except as hereinafter provided-

(a) the jurisdiction of the High Court of Judicature at Allahabad shall, as from the appointed day, extend to the territories transferred by this Act from the,State of Bihar to the State of Uttar Pradesh. and

(b) the High Court at Patna shall, as from that day. have no jurisdiction in respect of the said territories.

(2) Such proceedings pending in the High Court at Patna immediately before the appointed day as are certified 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 Judicature at Allahabad shall, as soon as may be after such certification, be transferred to the High Court of Judicature at Allahabad.

(3) Notwithstanding anything contained in sub-sections (1) and (2). but save as hereinafter provided, the High Court at Patna shall have. and the High Court of Judicature at Allahabad 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 at Patna before the appointed day. Provided that if after such proceedings have been entertained by the High Court at Patna. It appears to the Chief Justice of that High Court that they ought to be transferred to the High Court of Judicature at Allahabad, 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 Patna-

(a) before the appointed day in any proceedings transferred to the High Court of Judicature at Allahabad by virtue of sub-section (2). or

(b) in any proceedings with respect to which the High Court at Patna retains jurisdiction by virtue of sub-section (3) shall for all purposes, have effect not only as an order of the High Court at Patna, but also as an order made by the High Court of Judicature at Allahabad.

(5) Subject to any rule made or direction given by the High Court of Judicature at Allahabad, any such person who immediately before the appointed day is an advocate entitled to practise in the High Court at Patna as may be specified in this behalf by the Chief Justice of the High Court of Judicature at Allahabad having regard to the transfer of territories from the State of Bihar to the State of Uttar Pradesh. shall be recognised as an advocate entitled to practise in the High Court of Judicature at Allahabad.

SECTION 09: RIGHT TO APPEAR IN AN) PROCEEDINGS TRANSFERRED UNDER SECTION 7 OR SECTION 8

Any person who immediately before the appointed day is an advocate entitled to practise in the High Court at Patna or the High Court of Judicature at Allahabad and was authorised to appear in any proceedings transferred undersection 7-orsection 8-shall have the right to appear in the High Court to which the proceedings have been transferred, in relation to those proceedings.

SECTION 10: INTERPRETATION

For the purposes of sections 7-and8-

(a) proceedings shall be deemed to be pending in the High Court at Patna or the High Court of Judicature at Allahabad until that Court has disposed of all issues between the parties, including any issue 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;

(b) references to the High Court at Patna or the High Court of Judicature at Allahabad 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.

PART 05: AUTHORISATION OF EXPENDITURE

SECTION 11: APPROPRIATION OF MONEYS FOR EXPENDITURE IN TRANSFERRED TERRITORIES UNDER EXISTING APPROPRIATION ACTS

(1) As from the appointed day, an Act passed by the Legislature of the State of Bihar or Uttar Pradesh before that day for the appropriation of any moneys out of the Consolidated Fund of the State to meet any expenditure in respect of any part of the financial year in which the appointed day falls shall have effect also in relation to the territories transferred to that State by the provisions of Part II and it shall be lawful for the State Government to spend any amount in those territories out of the amount authorised by such Act to be expended for any service in that State.

(2) The Governor of Bihar or of Uttar Pradesh may, after the appointed day, authorise such expenditure from the Consolidated Fund of the State as he deems necessary for any purpose or service in the territories transferred to that State for a period of not more than six months beginning with the appointed day pending the sanction of such expenditure by the Legislature of the State.

Clause 11.- This clause makes necessary provision to enable the two States to incur expenditure on the administration of the territories transferred to them until the expenditure is specifically sanctioned by the appropriate legislature.-Gaz. of Ind.. 12-8-1967. Pt. II. S. 2. Ext., p. 861.

SECTION 12: REPORTS RELATING TO ACCOUNTS OF BIHAR AND UTTAR PRADESH

- The reports of the Comptroller and Auditor-General of India referred to in clause (2) of article 151 of the Constitution relating to the accounts of the State of Bihar or Uttar Pradesh in respect of any period prior to the appointed day shall be submitted to the Governor of each of the States of Bihar and Uttar Pradesh who shall cause them to be laid before the Legislature of the State. Clause 12.- This clause provides that the audit reports of the Comptroller and Auditor-General of India relatin) to the accounts of either of the States in respect of any period prior to the appointed day shall be submitted to the Governor of each of the two States who shall cause them to be laid before (he State Legislature concerned.-Gaz. of Ind., 12-8-1967, Pt. II. S. 2.Ext.. p.861.

PART 06: APPORTIONMENT OF ASSETS AND LIABILITIES

SECTION 13: LAND AND GOODS

(1) Subject to the other provisions of this Part, all land and all stores, articles and other goods belonging to the State of Bihar or Uttar Pradesh in the transferred territories shall, as from the appointed day, pass to the State to which the territories are transferred.

(2) In this section, the expression 'land' includes immovable property of every land and any rights in or over such property.

Clauses 13-24.- These clauses relate to the apportionment of the assets and liabilities of the State Governments in relation io the territories transferred from one State to another and follow generally the corresponding provisions ofthe Andhra Pradesh and Madras (Alteration of Boundaries) Act. 1959-orthe Bombay Reorganisation Act, 1960- Gaz. of Ind.. 12-8-1967. Pt, II. S. 2. Ext.. p. 862.

SECTION 14: ARREARS OF TAXES

- The right of Bihar or Uttar Pradesh to recover arrears of any tax or duty on property situate in the transferred territories, including land revenue, or to recover arrears of any other tax or duty in any case where the place of assessment of that tax or duty is in the transferred territories shall belong to the State to which the territories are transferred.

SECTION 15: RIGHT TO RECOVER LOANS AND ADVANCES

- The right to recover any loans or advances made before the appointed day by Bihar or Uttar Pradesh to any local body, society, agriculturist, or other person in the transferred territories shall belong to the State to which the territories are transferred.

SECTION 16: REFUND OF TAXES COLLECTED IN EXCESS

- The liability of Bihar or Uttar Pradesh to refund any tax or duty on property situate in the transferred territories, including land revenue, collected in excess shall be the liability of the State to which the territories are transferred, and the liability of Bihar or Uttar Pradesh to refund any other tax or duty collected in excess in any case where the place of assessment of the tax or duty is in the transferred territories shall also be the liability of the State to which the territories are transferred.

SECTION 17: DEPOSITS

- The liability of Bihar or Uttar Pradesh in respect of any civil deposit or local fund deposit made in the transferred territories shall, as from the appointed day, be the liability of the State to which the territories are transferred.

SECTION 18: CONTRACTS

(1) Where, before the appointed day, the State of Bihar or Uttar Pradesh 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-

(a) if such purposes are. as from that day, purposes relatable exclusively to the transferred territories, of the State to which the territories are transferred; and

(b) in any other case, of the State which made the contract, and all rights and liabilities which have accrued, or may accrue, under any such contract shall, to the extent to which they are rights or liabilities of the State which made the contract, be rights or liabilities of the State specified in clause (a) or clause (b) above.

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

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

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

(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.

SECTION 19: LIABILITY IN RESPECT OF ACTIONABLE WRONG

- Where, immediately before the appointed day, the State of Bihar or Uttar Pradesh is subject to any liability in respect of an actionable wrong, other than breach of contract, that liability shall,-

(a) if the cause of action arose wholly within the transferred territories, be a liability of the State to which the territories are transferred; and

(b) in any other case, continue to be a liability of the State which, immediately before that day, was subject to such liability.

SECTION 20: LIABILITY AS GUARANTOR OF CO-OPERATIVE SOCIETIES

- Where, immediately before the appointed day, the State of Bihar or Uttar Pradesh is liable as guarantor in respect of any liability of a registered co-operative society, that .liability shall,-

(a) if the area of the society's operations is limited to the transferred territories, be a liability of the State to which the territories are transferred; and

(b) in any other case continue to be a liability of the State which, immediately before that day. Was subject to such liability.

SECTION 21: ITEMS IN SUSPENSE

- If any item in suspense is ultimately found to affect as aaset 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.

SECTION 22: APPORTIONMENT OF ASSETS OR LIABILITIES BY AGREEMENT

- Where the States of Bihar and Uttar Pradesh 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 provisions of this Part, then. notwithstanding anything contained therein, the benefit or burden of that asset or liability shall be apportioned in the manner agreed upon.

SECTION 23: POWER OF CENTRAL GOVERNMENT TO ORDER ALLOCATION OR ADJUSTMENT IN CERTAIN CASES

- Where, by virtue of any of the provisions of this Part. either of the States of Bihar or Uttar Pradesh becomes entitled to any property or obtains any benefits or becomes subject to any liability, and the Central Government, on a reference made within a period of three years from the appointed day by either by the States, is of opinion that it is just and equitable that that property or those benefits should be transferred to. or shared with. the other State or that a contribution towards that liability should be made by the other State, the said property or benefits shall be allocated in such manner between the two States, or the other State shall make to the State subject to the liability such contribution in respect thereof, as the Central Government may after consultation with the two State Governments, by order determine.

SECTION 24: EXPENDITURE TO BE CHARGED ON THE CONSOLIDATED FUND

- All sums payable by either Bihar or Uttar Pradesh to the other State by virtue of the provisions of this Part shall be charged on the Consolidated Fund of the State by which such sums are payable.

PART 07: LEGAL AND MISCELLANEOUS PROVISIONS

SECTION 25: STATE FINANCIAL CORPORATIONS AND STATE ELECTRICITY BOARDS

- As from the appointed day-

(a) the Financial Corporations constituted under the State Financial Corporations Act, 1951. for the States of Bihar and Uttar Pradesh, and

(b) the State Electricity Boards constituted under the Electricity (Supply) Act. 1948-, for the said States, shall be deemed to have been constituted for those States with their areas as altered by the provisions of section 3-Clause 25.- This clause seeks to adjust the jurisdiction of the Financial Corporations and the Electricity Boards of the States of Bihar and Uttar Pradesh in relation to the transferred territories.- Gaz.of Ind.. 12-8-1967. Pt. U.S. 2.Ext.. p. 862.

SECTION 26: TERRITORIAL EXTENT OF LAWS

- The provisions of section 3-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 Bihar or Uttar Pradesh shall, until otherwise provided by a competent Legislature or other competent authority, be construed as meaning the territories within that State immediately before the appointed day.2Clauses 26-31.- These clauses contain provisions regarding continuance of existing laws in the transferred territories. adaptation of these laws. power of courts and tribunals to construe laws. legal proceedings, etc. These provisions follow the corresponding provisions of the States Reorganisation Act. 1956.-Gaz. of Ind.. 12-8-1967, Pt. II. S. 2. Ext. p. 862.

SECTION 27: POWER TO ADAPT LAWS

- For the purpose of facilitating the application of any law in relation to the State of Bihar or Uttar Pradesh, the appropriate Government may, before the expiration of one year from the appointed day, by order make such adaptations and modifications of law. whether by way of repeal or amendment as may be necessary or expedient, and thereupon every such law shall have effect subject to the adaptations or modifications so made until altered, repealed or amended by a competent Legislature or other competent authority.

SECTION 28: POWER TO CONSTRUE LAWS

- Notwithstanding that no provision or insufficient provision has been made for the adaptation of a law made before the appointed day, any court, tribunal or authority, required or empowered to enforce such law may. for the purpose of facilitating its application in relation to the State of Bihar or Uttar Pradesh, 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 authority.

SECTION 29: LEGAL PROCEEDINGS

- Where, immediately before the appointed day. the State ofBihar or Uttar Pradesh is a party to any legal proceedings with respect to any property, rights or liabilities transferred to the other State under this Act. the other State shall be deemed to be substituted for the State from which such property rights or liabilities are transferred as a party to those proceedings, or added as a party thereto, as the case may be. and the proceedings may continue accordingly.

SECTION 30: TRANSFER OF PENDING PROCEEDINGS

-

(1) Every proceeding pending immediately before the appointed day before a court (other than a High Court), tribunal, authority or officer in any area which on that day falls within the State of Bihar or Uttar Pradesh shall, if it is a proceeding relatable exclusively to any part of the territories which as from that day are the territories of the other State, stand transferred to the corresponding court, tribunal authority or officer in the other State:

(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 before whom. such proceeding is pending on the appointed day is functioning and the decision of that High Court shall be final.

(3) In this section-

(a) 'proceeding' includes any suit. case or appeal: and

(b) 'corresponding court, tribunal, authority or officer' in a State means-

(i) the court, tribunal, authority or officer in which, or before whom. the proceeding would have lain if the proceeding had been instituted after the appointed day, or

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

SECTION 31: RIGHT OF PLEADERS TO PRACTISE IN CERTAIN COURTS

- Any person who, immediately before the appointed day, is enrolled as a pleader entitled to practise in any subordinate courts in the transferred territories shall, for a period of six months from that day, continue to be entitled to practise in those courts, notwithstanding that the whole or any part of the territories within the jurisdiction of those courts has been transferred to another State.

SECTION 32: CONSTRUCTION OF BOUNDARY PILLARS, ETC

(1) It shall be lawful for the State Government which is responsible for the construction of any boundary pillar under sub-section (3) of section 3-to cause such pillar to be constructed and maintained and no suit, prosecution or other legal proceedings shall lie against the State Government or any of its officers for anything in good faith done or intended to be done under this section.

(2) The boundary pillars shall be inspected jointly by the officers of the State Governments of Bihar and Uttar Pradesh in accordance with such rules as the Central Government may make in this behalf.

(3) Whoever wilfully removes or injures any boundary pillar shall be punishable with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

(4) Notwithstanding anything contained in the Code of Criminal Procedure, 1898, an offence under sub-section (3) may be inquired into and tried by a court in either of the States of Bihar and Uttar Pradesh.

Clause 32.- Sub-clause (1) provides for construction and maintenance of the boundary pillars. Sub-clause (2) provides for the inspection of the boundary pillars jointly by the officers of the two State Governments in accordance with such rules as the Central Government may make in this behalf, Sub-clause (3) makes wilful removal or injuring of a boundary pillar an offence. As the boundary pillars would be located on land which will lie in both the States, doubts might arise as to the place of trial of an offence under sub-clause (3). Hence sub-clause (4) provides that such offences may be tried in either State-Gaz. of Ind., 12-8-1967, Pt. II, S. 2, Ext' P. 862.

SECTION 33: VALIDITY OF DEMARCATION DONE BEFORE COMMENCEMENT OF ACT

- All things done, and all steps taken, before the commencement of this Act in connection with the demarcation of the fixed boundary in relation to the river Ganga or the river Ghaghra, as the case may be, shall, in so far as they are in conformity with the provisions of sub-sections (2) and (3) of section 3-be deemed to have been done in accordance with law. Clause 33.- Some preliminary action had been initiated in the year 1965 with a view to demarcating the boundary a* recommended by Shri Trivedi so as to minimise the interval between the date of passing of this Bill and the actual tranifer of territories. This work was. however, stopped because of writ petitions challenging the validity of such action. This clause seeks to validate the things done and action already taken so that to the extent possible, surveys, etc. already made could be utilised.-Gaz. of Ind.. 12-8-1967, Pt. II. S. 2, Ext' P. 862.

SECTION 34: EFFECT OF PROVISIONS INCONSISTENT WITH OTHER LAWS

- The provisions of this Act shall have effect notwithstanding any law, custom or usage which is inconsistent there with Clauses 34 and 35.- These clauses follow the corresponding provisions of the States Reorganisation Act, 1936 Gaz. of Ind. 12-8-1967. Pt. II, S. 2. Ext' P. 862.

SECTION 35: POWER TO REMOVE DIFFICULTIES

- If any difficulty arises in giving effect to the provisions of this Act. the President may, by notified order, do anything, not inconsistent with Such provisions which appear to him to be necessary or expedient for the purpose of removing the difficulty.

SECTION 36: POWER TO MAKE RULES

(1) The Central Government may, by notification in the Official Gazette, make rules to give effect to the provisions of this Act.

(2) 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 cession or3[in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid], 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 modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

1. Appointed date is 10-6-1970-See Gaz. of India, 3-6-1970, Pt. II, S. 3(i), Ext., p. 543 (G. S.R. 901).

2. See Bih. Ordn. 49 of 1976 for extension of Bihar Laws to territories transferred to Bihar from Uttar Pradesh. Appointed date is 10-7-1970.

3. Substituted for the words 'in two successive sessions, and if before the expiry of the session in which it is * laid or the session immediately following', by the Delegated Legislation Provisions (Amendment) Act (4 of 1986), S. 2. Sch. (15-5-1986).

SCHEDULE 01: EXPLANATORY NOTE

The village boundaries and names mentioned in this Schedule have reference to boundaries and names as shown in the sheets of large scale surveys covering relevant areas of Saran and Shahabad districts of the State of Bihar and Ballia district of the State of Uttar Pradesh, conducted by the Survey of India during the period 1881-83, and where such sheets are not available as shown in any other record which the State Governments of Bihar and Uttar Pradesh agree to be relevant within one month from the commencement of this Act, or in default of such agreement which the authority referred To in subsection (2) of section 3-may determine to be the relevant record. The Ganga and Ghaghra rivers and their high banks wherever mentioned in this Schedule have reference to the geographical river or high bank positions, as the case may be, as shown in the survey records mentioned in the foregoing paragraph. Ganga Sector The boundary in this sector shall commence from a point (approximate Latitude 25° 44° 10°, Longitude 84° 36° 06°) on the existing fixed boundary between Bihar and Uttar Pradesh, lying between Shitab Diara (Bihar), Mahazi Kondarha (Uttar Pradesh) and Khawaspur (till now in Uttar Pradesh) and located about half mile roughly south west of (he present °abadi° site of Babudera village (near Daljitola). Accordingly, the portion of the present alignment of the above mentioned existing fixed boundary between (his point and the present Ganga river will cease to be the boundary between the States of Bihar and Uttar Pradesh. 2. From this point, the boundary shall run in straight lines within the high banks of the Ganga, connecting successively points (approximate Latitude 25° 44° 12°, Longitude 84° 33° 44°) and (approximate Latitude 25° 44° 06°, Longitude 84° 33° 46°). placing villages Mahazi Kondarha and Kondarha completely in Uttar Pradesh and village Khawaspur completely in Bihar. From (his point, the boundary shall run along the common boundaries of villages Mohanpur and Mandruli Kans or Tirbhuani. placing them completely in Uttar Pradesh, and Khawaspur, Padumanian, Sohra. Inglis Arazi appg. to Balua Nargada, Piparpati and Salempur Diara Mamluk Sarkar villages placing them completely in Bihar. till it goes to a point (approximate Latitude 25° 43° 35°, Longitude 84° 32° 32°) on the high bank of the Ganga. From this point, the boundary shall run in straight lines within the high banks of the Ganga, connecting points (approximate Latitude 25° 43° 26°. Longitude 84° 32°12°), (approximate Latitude 25° 40° 56°, Longitude 84° 31° 52°) and (approximate Latitude 25° 40° 30°. Longitude 84° 31° 20°), so as to place villages Raghunathpur, Dewakar Dehari, Kewatia, Narainpur, Singhai, Dharampur, Dokti and Mahazi Dokti completely in Uttar Pradesh and villages Salempur Diara Mamluk Sarkar. Salempur Parsa and Tek Semar completely in Bihar. 3. The boundary will then follow the common boundaries of villages Mahazi Dokti, Arazi Zabti, Mahazi Naubarar No. 49. Naubarar Bandobasti No. 48. Tika Semaria and Nipanian keeping these villages completely in Uttar Pradesh and villages Zamin Fazil. Suremanpur Harnarain and Bara Singha Buzurg keeping these villages completely in Bihar. till the boundary reaches point (approximate Latitude 25° 41° 17°. Longitude 84° 28° 21°) at the north-west corner of village Bara Singha Buzurg and located within the high banks of Ganga river. From this point, the boundary shall run in a straight line to another point (approximately Latitude 25° 41° 35°. Longitude 84° 28° 05°) on the high bank of the Ganga. placing village Nardara in Uttar Pradesh and villages Parsotimpur Babhnauli and Bahoranpur Chakki completely in Bihar. Thence the boundary shall follow the common boundaries of villages Nardara Nipanian Patkhauli. Uchitpur Bahuara. Udhopur Nauranga and Bhagwanpur keeping these villages completely in Uttar Pradesh and villages Pipra Ganesh Damodarpur and Jewainian keeping these villages completely in Bihar, till the boundary reaches point (approximate Latitude 25° 41° 34°. Longitude 84° 25° 45°) within the high banks of the Ganga. From this point, the boundary shall proceed along the° common boundary of village Bhagwanpur and village Bahoranpur. keeping the tatter village completely in Bihar till the boundary reaches point (approximate Latitude 25° 41° 54°. Longitude 84° 25° 02°) at the north-west corner of village Bahoranpur. 4. Thence the boundary shall run in straight lines within the high banks of the Ganga connecting successively points (approximate Latitude 25° 41° 55°. Longitude 84° 24° 3°1°) and (approximate Latitude 25° 42° 33°. Longitude 84° 24° 11°) so as to place village Nauranga completely in Uttar Pradesh and village Nauranga Chakki and Sonbarsaon the other hand completely in Bihar. From this point the boundary shall follow the common boundaries of villages Nauranga. Bhual Chhapra. Pandepur. Rampur and Udai Chhapru keeping these villages completely in Uttar Pradesh and villages Nauranga Chak. Shiupur and Bariarpur keeping these villages completely in Bihar till the boundary reaches point (approximate Latitude 25° 43° 55°. Longitude 84° 23° 11°), within the high banks of the Ganga. From this point the boundary shall follow the western boundary of Udai Chhapra up to the high bank of the Ganga and then follow the common boundaries of village- Udai Chhapra. Tola Bari. Kaulapat Chhapra Urf Dubey Chhapra 1sl Portion. Pachrukhia: Tulapur Arazi Mafi Khedan Kuanr and Durjanpur keeping these villages completely in Uttar Pradesb and villages Tulapur and Sughar Chhapra, keeping these villages and village Durjanpur Chak completely in Bihar. till the boundary reaches a point (approximate Latitude 25° 44° 12° Longitude 84° 22° 41°) on the high bank of Ganga river. The boundary shall then run in straight lines connecting successively points (approximate Latitude 25° 44° 05°. Longitude 84° 22° 38°) and (approximate Latitude 25° 44° 29°. Longitude 84° 22° 04°) and shall then continue along the common boundary of village- Durjanpur and Dangrabad placing them in Uttar Pradesh. and village Shukulpura or Ghinahu Chhapra placing this village in Bihar. till the boundary reaches point (approximate Latitude 25° 44° 33°. Longitude 84° 22°), south of the north-west corner of village Shukulpura and located on the high bank of the river. 5. Thence the boundary shall run straight to point (approximate Latitude 25° 44° 35°. Longitude 84° 20° 58°) at the south-east corner of Gaighat village and located within the high banks of Ganga River so as to place villages Dangrabad and Bighai completely in Uttar Pradesh and village Naini Jor completely in Bihar and then run in a straight line till point (approximate Latitude 25° 44° 3°, Longitude 84° 24° 50°) at the south-west corner of village Gaighat. placing the village in Uttar Pradesh. From this point, the boundary shall run in straight lines within the high banks of the Ganga. connecting successively points (approximate Latitude 25° 44° 37°. Longitude 84° 20° 18°). (approximate Latitude 25° 43° 52°. Longitude 84° 19° 49°). (approximate Latitude 25° 42° 29°. Longitude 84° 19° 54°). (approximate Latitude 25° 40° 14°. Longitude 84° 19° 35°) and (approximate Latitude 25° 40° 04°. Longitude 84° 19° 17°). so as to place villages Baghaunch Pokhra. Babubel. Haldi. Rikni Chhapra. Hansnagar and Jauhi completely in Uttar Pradesh and villages Naini Jor. Mahuar and Bahaduri Patti completely in Bihar. Thence the boundary shall follow the common village boundaries of village jauhi placing this village in Uttar Pradesh and villages Bisupur and Jagdishpur on the other hand. placing, these two villages in Bihar. till the boundary reaches point (approximate Latitude 25° 39° 54°. Longitude 84° 18° 21°). From this point, the boundary shall run straight within the high bank- of the Ganga to a point (approximate Latitude 25° 39° 39°. Longitude 84° 17° 43°) near the north-west corner of village Sapahi and located at the sharp bend of the high bank of the Ganga so as to place village Jauhi in Uttar Pradesh and villages. Pandepur and Hirdahi in Bihar. The boundary shall then follow the northern boundary of village Saphi up to a point (approximate Latitude 25° 39° 35°. Longitude 84° 16° 38°) at the north-west corner of this village placing this village completely in Bihar. 6. The boundary shall then run in straight lines within the high banks of the Ganga. connecting successively points (approximate Latitude 25° 39° 43°. Longitude 84° 16° 35°). (approximate Latitude 25° 39° 43° Longitude 84° 13° 30°). (approximate Latitude 25° 40° 08°. Longitude 84° 12° 28°). (approximate Latitude 25° 42° 06°. Longitude 84° 12° 01°) and (approximate Latitude 25° 43° 03° Longitude 84° 10° 35°). placing villages Jauhi. Shiupur Diar Gangbarar and Shiupur Diar completely in Uttar Pradesh and villages Mannipur. Shiupur Diar Chakki. Paranpur. Pharhada. Kharha Tanr Estate No. 1 Taufir. Gangauli Estate No. 1 Taufir. Dubha Estate No. 1 Taufir. Rajapur and Diara Partappur completely in Bihar. 7. Then the alignment of the boundary from this point to point (approximate Latitude 25° 43° 24°. Longitude 84° 07° 52°) will be such as to place villages Shiupur Diar. Shiurampur. Khamauli. Kashimpur. Wazirapur. Bhikhampura. Turk Ballia. Shahpur Dikhwara. Sobhapur and Bijaipur in Uttar Pradesh and villages Diara Partappur. Bhirgu Ashram. Diara Jagdishur and Parsanpah in Bihar. 8. The boundury shall then run in straight lines within the high bank of the Ganga joining points (approximate Latitude 25° 43° 16°. Longitude 84° 06° 25°). (approximate Latitude 25° 42° 48°. Longtitude 84° 05° 28°). (approximate Latitude 25° 41° 40°, Longitude 84° 04° 37°). (approximate Latitude 25° 39° 06°. Longitude 84° 05° 15°). (approximate Latitude 25° 38° 10°. Longitude 84° 04° 59°). (approximate Latitude 25° 37° 33°. Longitude 84° 02° 47°) and (approximate Latitude 25° 38° 52°. Longitude 84° 01° 10°°). consecutively. placing villages Maldepur Parsi Patti or Chakia. Haibatpur or Begpur. Taranpur, Bansthana, Pandepur appg. to Ismaila, Hasanpur appg. to Takarsand. Anjorpur. Kot. Arazi Diara (appg. to Kot). Naubarar of Shahapur of 1873. Naubarar of Shahpur of 1880. Nubara of Kulharia 1880.Naubarar of Palia 1881. Naubarar of Sarwanpur 1881. Naubarar of Rai Kishun Patti 1881. Naubarar of Belsipah 1881. Gangbarar of Sheopur and Gangbarar of Sital Patti completely in Uttar Pradesh and villages Parsanpah. Sultanhi Dilia Estate No. 1 Taufir. Parnahi Kalan. Parnahi Khurd. Umarpur Diara. Sura tanr or Barkagaon. Nagpura. Padampur, Desar Buzurg. Misraulia. Umarapur Diara. Majharia and Arjunpur completely in Bihar. 9. Thence the boundary will run in straight lines within the high banks of the Ganga.joining successively points (approximate Latitude 25° 34° 09°, Longitude 83° 57° 29°) and (approximate Latitude 25° 33° 36°. Longitude 83° 55° 51°), The last point is the trijunction of the boundaries of districts Ballia and Ghazipur of Uttar Pradesh and district Shahabad of Bihar. 10. The boundary deseribed above shall be a continuous line. Ghaghra Sector The boundary in this sector shall commence from a point (approximate Latitude 25° 26° 21 °. Longitude 84° 37° 15°) on the existing fixed boundary between Shitab Diara in Bihar and Jazira No. 36 in Uttar Pradesh. located at a distance of about 1 mile north-east of the present village Naukatola. 2. From this point, the boundary shall run in straight lines within the high banks of Ghaghra river. Connecting successitely points (approximate Latitude 25° 46° 18°. Longitude 84° 37° 31°). (approximate Latitude 25° 47° 27°. Longitude 84° 37° 36°). (approximate Latitude 25° 49° 29°. Longitude 84° 15° 04°). (approximate Latitude 25° 49° 55°. Longitude 84°.14° 19°) and (approximate Latitude 25° 50° 21°. Longitude 84° 33° 06°) so as to place villages Shitab Diara, Diara Naubarar Godnan. Simaria Bhadpa Buzurg. Manjhanpura, Kaunru, Dhaunru. Manjhi Khas. Diara Manjihi and Mahazi Dumari completely in Bihar and villages Jazira No. 36 and Chand Diara completely in Uttar Pradesh. Thenec the boundary shall follow the common boundary between village Mahazi Chand Diara or Dumaria. keeping this village completely in Bihar. and villages Chand Diara and Mahazi Adhsijhua keeping these villages completely in Uttar Pradesh till the boundary reaches point (approximate Latitude 25° 51° 31°. Longitude 84° 32° 32°) on the high bank of the Ghaghra 3. Thence the boundary shall run in straight lines within the high banks of the Ghaghra connecting successively points (approximate Latitude 25° 51° 53°. Longitude 84° 32° 39°). (approximate Latitude 25° 52° 33°. Longitude 84° 32° 04°.). (approximate Latitude 25° 52° 16°. Longhude 84° 30° 47°) and (approximate Latitude 24° 53° 08°. Longitude 84° 29° 34°) so as to place villages Jazira Hat Be ( East). Dumri. Babhmauli. Jazira Hari Be (West). and Domaigarh completely in Bihur and villages Muhazi Adhsijhua and Gopalnagar completely in Uttar Pradesh. The boundary shall then follow the common boundaries between villages Matiar Diara. Mahazi Naubarar Bashishtnagar. Naubarar Ramnagar Gopalpur and Ramnagur. Shumali. keeping these villages completely in Bihar. and villages Gopalnagar. Bashishtnagar. Ramnagar, Janubi. Asmunpur. Chattur Bhojpur. Gobindpur. Alagdiari. Zamin Gangbarari Patti Mashrik and Jazira Diara Rampur. keeping these villages completely in Lttar Pradesh. till the boundary reaches point (approximate Latitude 25° 55° 49°. Longitude 84° 24° 46°) on the high bank of Ghaghra river. 4. From this point, the boundary shall run in straight lines within the high banks of Ghaghra river connecting successively points (approximate Latitude 25° 56° 05°. Longitude 84° 23° 16°). (approximate Latitode 25° 57° 27°. Longitude 84° 21° 21°). (approximate Latitude 25° 56° 36°. Longitude 84° 18° 50°). (approximate Latitude 25° 56° 39°. Longitude 84° 17° 55°). (approximate Latitude 25° 57° 2°° Longitude 84° 17° 02°). (approximate Latitude 25° 58° 30°. Gangapur 84° 14° 49°) and (approximate Latitude 25° 58° 38°. Longitude 84° 14° 46°). so as to place villages Siswan Gangapur. Bhagar Nizamat. Kachnar and Sisai Diara. Gabhirar. Diara Ghabhirar Mamluk Sarkar. Kaunsar Patti. Jujhar. Diara Kaunsar Patti Purab. Diara Kaunsar Patti. Jujhar. Diara Kaunsar Patti Pachhim. Diara Narhan Marnluk Sarkar and Narlian Badlu Mohkam Patti Kakuliat completely in Bihar and villages Jaziro Diara Rampur. Diara Bhagar. Diara Naubarar Lakhmi Rai Madho Rai. Diara Lakhmi Rai Madho Rai. Chhap Dhanantar. Marwatia Naubarar and Chakki Diara Sultanpur completcly in Uttar Pradesh. 5. Then the boundary shall follow the common boundaries between villages Narhan Badlu Mohkam Patti Kakuliat. Diara Bhao Singhpur. Diara Kakuliat or Patti Kakuliat. Adhampur. Patar and Diara Naubarar Bandobasti Patar. keeping these villages completely in Bihar and village Adampur Chakki keeping this village completely in Uttar Pradesh till the boundary. reaches point (approximate Latitude 25° 59° 24°. Longitude 84° 12° 12°) on the high bank of Ghaghra river. From this point, the boundary shall run in straight lines within the high banks of Ghaghra river, connecting successively points (approximate Latitude 25° 59° 15°. Longitude 84° 11° 53°) and (approximate Latitude 25° 59° 35°. Longitutde 84° 11° 16°) so as to place village Diara Naubarar Bandobasti Patar completely in Bihar and villages Kakarghatta. Gondauli and Sangapur completely in Uttar Pradesh. Thence the boundary shall run straight to point (approximate Latitude 25° 59° 38°. Longitude 84° 11° 08°) approximately fallowing the Northern boundary of village Bikrampur. Placing the village in Uttar Pradesh. 6. From this point, the Boundary shall run straight within the high banks of Ghaghra river to point (approximale Latitude 25° 59° 19°. Longitude 84° 10° 46°) so as to place village Diara Naubarar Bandobasti Patar completely in Bihar and village Ailasgarh completely in Uttar Pradesh. The alignment thence to point (approximate Latitude 26° 01° 27°. Longitude 84° 10° 1l°)will be such that village Diara Maniar Tukra I shall be placed in Bihar and village Malrazi Maniar Tukra II shall be placed in Uttar Pradesh. 7 From thereon. the houndary shall run in straight lines within the high banks of Ghaghra river connecting successively points (approximate Latitude 26° 03° 07°. Longitude 84° 08° 21°). (approximate Latitude 26° 04° 29°. Longitude 84° 07° 26°). (approximate Latitude 26° 05° 34°. Longitude 84° 06° 22°). (approximate Latitude 26° 06° 00°, Longitude 84° 05° 27°) and (approximate Latitude 26° 06° 00°. Longitude 84° 03° 27°) so as to place villages Kasalia Pachbimia. Diara Kashidat. Diara Harna Tand. Darauli, Doba Karwan. Karamha Amarpur. Keontallia and Dumarbar Khurd completely in Bihar and villages Dewarah Mahazi Kashidat. Demarah Harnatar. Dewarah Darauli. Dewarah Karmaha. Dewarah Amarpur. Sisotar and Lilkar completely in Uttar Pradesh. The last point is the trijunction of the boundaries of districts Saran of Bihar and Ballia and Deoria of Uttar Pradesh. The boundary described above, shall be a continuous line.

BIHAR AND UTTAR PRADESH (INSPECTION OF BOUNDARY PILLARS) RULES, 1970

G.S.R. 1971, dated 30th November, 1970

1.-In exercise of the powers conferred by Sec. 36, read with sub-section (2) ofSec. 32, of the Bihar and Uttar Pradesh (Alteration of Boundaries) Act, 1968 (24 of 1968), the Central Government hereby makes the following rules, namely:

RULE 01: SHORT TITLE AND COMMENCEMENT

(1) These rules may be called the Bihar and Uttar Pradesh (Inspection of Boundary Pillars) Rules, 1970.

(2) They shall come into force at once.

RULE 02: DEFINITIONS

In these rules, unless the context otherwise requires,-

(1) "Act" means the Bihar and Uttar Pradesh (Alteration of Boundaries) Act, 1968 (24 of 1968) ;

(2) "boundary pillar" means a boundary pillar constructed or to be constructed under sub-section (1) of Sec. 32 of the Act on a fixed point;

(3) "fixed point" means a point on the Fixed boundary, determined under Cl. (b) of sub-section (3) of Sec. 3 of the Act, for the construction of a boundary pillar ;

(4) "Schedule"2means the Schedule appended to these rules showing the co- ordinates and other particulars relating to the fixed points of the boundary pillars.

RULE 03: INSPECTION OF THE BOUNDARY PILLARS

(1) As soon as may be after the monsoon is over, but before the 30th November each year, the boundary pillars shall be inspected jointly by the officers of the State Governments of Bihar and Uttar Pradesh: Provided that the inspection to be carried out for the first time under the provisions of these rules shall be completed before the 31st December, 1970.

(2) In the absence of an agreement to the contrary between the two State Governments, the inspection shall be done-

(a) by the Collectors of the districts on the periphery of which the boundary pillar lies, or

(b) by such Revenue Officers, being officers not below the rank of Deputy Collectors, as may be nominated in this behalf by the Collector concerned.

RULE 04: CONSTRUCTION AND MAINTENANCE OF THE BOUNDARY PILLARS

(1) If during the inspection, any boundary pillar is found not to have been constructed or to be missing, damaged or displaced, it shall be constructed, re-constructed or repaired, as the case may be.

(2) If any Fixed point is not readily identifiable, it shall be re-located by a joint team of revenue officers of the two Governments nominated by the Collectors concerned, such re-location being done on the basis of the co-ordinates and other particulars set out in the Schedule.

(3) The cost of constructing, re-constructing or repairing any pillar shall be borne by the State Government mentioned against that particular pillar in the Schedule.

(4) Notwithstanding the foregoing provisions of this rule, the Collectors concerned may agree that any particular boundary pillar need not be constructed, re-constructed or repaired if the fixed point of the pillar is under deep water or for any other reason, which may be recorded in writing.

RULE 05: SURVEYOR--GENERAL TO ASSIST IN CASE OF DIFFICULTY

Where any difficulty arises in or in relation to the re-location of a fixed point or the construction, re-construction and maintenance of boundary pillars under these rules, the Central Government may, after consulting the State Governments of Uttar Pradesh and Bihar require an officer nominated by the Surveyor-General of India to re-locate the fixed point or to decide any issue which may arise with regard to the construction, re-construction and maintenance of the boundary pillars. Territories transferred from one State to an other, the law applicable to such territories would be the law which applied to such territories before the transfer took place.-If the territories are transferred from one State to another State by peaceful means the law applicable to such territories would be the law which applied to such territories before the transfer took place. This rule is subject to the exception that the law originally applicable to such territory may be modified, altered or abrogated by competent Legislature. However, only the acquiring State can make a law altering, repealing or modifying the law applicable to the territories and till such time original law of the territory which has changed hands will prevail.3