Indian Bare Acts

Search Alphabatically :

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

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

Year : 1968



As from the appointed day-

(a) The Financial Corporation constituted under the State Financial Corporations Act, 1951 (63 of 1951.), for the States of Bihar and Uttar Pradesh, and

(b) The State Electricity Boards constituted under the Electricity (Supply) Act, 1948 (54 of 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.



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.



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 the 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and thereupon every such law shall have effect subject to the adaptations or modifications so made until altered, repealed or amended by a competent Legislature or other competent authority.

Explanation.-In this section, the expression "appropriate Government" means as respects any law relating to a matter enumerated in the Union List, the Central Government, and as respects any other law, the State Government.



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.



Where, immediately before the appointed day, the State of Bihar 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.



(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.



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.



(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 proceeding 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 willfully 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 (5 of 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.



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.



The provisions of this Act shall have effect notwithstanding any law, custom or usage which is inconsistent therewith.



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 appears to him to be necessary or expedient for the purpose of removing the difficulty.



(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 session or 1*[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 Subs. by Act 4 of 1986, s. 2 and Sch. (w.e.f. 15-5-1986).

----------------------------------------------------------------------------------------------------------------------------------------------------------------------

THE SCHEDULE
[See section 3(2)]

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 sub-section (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 25ø 44 10", Longitude 84ø 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 the present "abadi" site of Babudera village (near Dalijitola). Accordingly, the portion of the present alignment of the above mentioned existing fixed boundary between this 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 25ø 44 12", Longitude 84ø 33 44"), and (approximate Latitude 25ø 44 06", Longitude 84ø 33 46"), placing villages Mahazi Kondarha and Kondarha completely in Uttar Pradesh and village Khawaspur completely in Bihar. From this point, the boundary shall run along the common boundaries of villages Mohanpur and Mandrauli 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 25ø 43 35", Longitude 84ø 32 32") on the high bank of the Ganga. From this point, the boundary shall run in straight line within the high banks of the Ganga, connecting points (approximate Latitude 25ø 43 26", Longitude 84ø 32 12"), (approximate Latitude 25ø 40 56", Longitude 84ø 31 52"), and (approximate Latitude 25ø 40 30", Longitude 84ø 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 25ø 41 17", Longitude 84ø 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 (approximate Latitude 25ø 41 35", Longitude 84ø 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 follows 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 25ø 41 34", Longitude 84ø 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 latter village completely in Bihar, till the boundary reaches point (approximate Latitude 25ø 41 54", Longitude 84ø 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 25ø 41 55", Longitude 84ø 24 33") and (approximate Latitude 25ø 42 33", Longitude 84ø 24 11") so as to place village Nauranga completely in Uttar Pradesh and villages Nauranga Chakki and Sonbarsa on 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 Chhapra 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 25ø 43 55", Longitude 84ø 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 villages Udai Chhapra, Tola Bari Babu, Kaulapat Chhapra Urf Dubey Chhapra 1st Portion, Pachrukhia,Tulapur Arazi Mafi Khedan Kuanr and Durjanpur, keeping these villages completely in Uttar Pradesh and villages Tulapur and Sughar Chhapra, keeping these villages and village Durjanpur Chak completely in Bihar, till the boundary reaches a point (approximate Latitude 25ø 44 12", Longitude 84ø 22 41") on the high bank of Ganga river. The boundary shall then run in straight lines connecting successively points (approximate Latitude 25ø 44 05", Longitude 84ø 22 38") and (approximate Latitude 25ø 44 29",Longitude 84ø 22 04") and shall then continue along the common boundary of villages 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 25ø 44 33", Longitude 84ø 22 00"), 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 25ø 44 35", Longitude 84ø 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 25ø 44 37", Longitude 84ø 20 50") at the south-west corner of village Gaight, placing this 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 25ø 44 37", Longitude 84ø 20 18"), (approximate Latitude 25ø 43 52", Longitude 84ø 19" 49), (approximate Latitude 25ø 42 29", Longitude 84ø 19 54"), (approximate Latitude 25ø 40 14", Longitude 84ø 19 35"), and (approximate Latitude 25ø 40 04", Longitude 84ø 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 25ø 39 54", Longitude 84ø 18 21"). From this point, the boundary shall run straight within the high banks of the Ganga to a point (approximate Latitude 25ø 39 39", Longitude 84ø 17 43") near the north-east 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 Sapahi up to a point (approximate Latitude 25ø 39 35", Longitude 84ø 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 25ø 39 49", Lagitude 84ø 16 35"), (approximate Latitude 25ø 39 43", Longitude 84ø 13 30"), (approximate Latitude 25ø 40 08", Longitude 84ø 12 28"), (approximate Latitude 25ø 42 06", Longitude 84ø 12 01") and (approximate Latitude 25ø 43 03", Longitude 84ø 10 35"), placing villages Jauhi, Shiupur Diar Gangbarar and Shiupur Diar completely in Uttar Pradesh and village Mannipur, Shiupur Diar Chakki, Paranpur, Pharhada, Kharha Tanr Estate No. 1 Taufir, Gangauli EstateNo. 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 25ø 43 24", Longitude 84ø 07 52") will be such as to place villages Shiupur Diar, Shiurampur, Dhamauli, Kasimpur, Wazirapur, Bhikhampura, Turk Ballia, Shahpur Dighwara, Sobhapur and Bijaipur in Uttar Pradesh and villages Diara Partappur, Bhirgu Ashram, Diara Jagdishpur and Parsanpah in Bihar.

8. The boundary shall then run in straight lines within the high banks of the Ganga joining points (approximate Latitude 25ø 43 16", Longitude 84ø 06 25"), (approximate Latitude 25ø 42 48", Longitude 84ø 05 28"), (approximate Latitude 25ø 41 40", Longitude 84ø 04 37"), (approximate Latitude 25ø 39 06", Longitude 84ø 05 14"), (approximate Latitude 25ø 38 10", Longitude 84ø 04 59"), (approximate Latitude 25ø 37 33", Longitude 84ø 02 47") and (approximate Latitude 25ø 36 52", Longitude 84ø 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 Shahpur of 1873, Naubarar of Shahpur of 1880, Naubarar 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 compeletely 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, Umarpur 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 25ø 34 09", Longitude 83ø 57 29") and (approximate Latitude 25ø 33 36", Longitude 83ø 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 described above, shall be a continuous line.

Ghaghra Sector

The boundary in this sector shall commence from a point (approximate Latitude 25ø 46 21", Longitude 84ø 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 successively points (approximate Latitude 25ø 46 18", Longitude 84ø 37 31"), (approximate Latitude 25ø 47 27", Longitude 84ø 37 36"), (approximate Latitude 25ø 49 29", Longitude 84ø 35 04"), (approximate Latitude 25ø 49 55", Longitude 84ø 34 19") and (approximate Latitude 25ø 50 21", Longitude 84ø 33 06") so as to place villages Shitab Diara, Diara Naubarar Godnan, Simaria, Bhadpa Buzurg, Manjhanpura, Kaunru Dhaunru, Manjhi Khas, Diara Manjhi and Mahazi Dumri completely in Bihar and villages Jazira No. 36 and Chand Diara completely in Uttar Pradesh. Thence 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 25ø 51 31", Longitude 84ø 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 25ø 51 33", Longitude 84ø 32 39"), (approximate Latitude 25ø 52 33", Longitude 84ø 32 04"), (approximate Latitude 25ø 5216", Longitude 84ø 30 47") and  (approximate Latitude 25ø 53 08", Longitude 84ø 29 34") so as to place villages Jazira Harf Be (East), Dumri, Babhnauli or Babhauli, Jazira Harf Be (West), and Domaigarh completely in Bihar and villages Mahazi Adhsijhu 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 Ramnagar, Shumali, keeping these villages completely in Bihar, and villages Gopalnagar, Bashishtnagar, Ramnagar Janubi, Asmanpur, Chattur Bhojpur, Gobindpur, Alagdiari, Zamin Gangbarari Patti Mashrik and Jazira Diara Rampur, keeping these villages completely in Uttar Pradesh, till the boundary reaches point (approximate Latitude 25ø 55 49", Longitude 84ø 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 25ø 56 05", Longitude 84ø 23 16"), (approximate Latitude 25ø 57 27", Longitude 84ø 21 21"), (approximate Latitude 25ø 56 36", Longitude 84ø 18 50"), (approximate 25ø 56 39", Longitude 84ø 17 55"), (approximate Latitude 25ø 57 28", Logitude 84ø 17 02"), (approximate Latitude 25ø58 30", Longitude 84ø 14 49") and (approximate Latitude 25ø 58 38", Longitude 84ø 14 46"), so as to place villages Siswan, Gangapur, Bhagar Nizamat, Kashnar and Sisai Diara, Gabhirar, Diara Gabhirar Mamluk Sarkar, Kaunsar Patti Jujhar, Diara Kaunsar Patti Purab, Diara Kaunsar Patti Jujhar, Diara Kaunsar Patti Pachhim, Diara Narhan Mamluk Sarkar and Narhan Badlu Mohkam Patti Kakuliat completely in Bihar and villages jazira Diara Rampur, Diara Bhagar, Diara Naubarar Lakhmi Rai Madho Rai, Diara Lakhmi Rai Madho Rai, Chhap Dhanantar, Marwatia Naubarar and Chakki Diara Sultanpur completely 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, Adampur, Patar and Diara Naubarar Bandobasti Patar, keeping these villages completely in Bihar and village Adampur Chakki, keeping this vilage completely in Uttar Pradesh, till the boundary reaches point (approximate Latitude 25ø 59 24", Longitude 84ø 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 25ø 59 15", Longitude 84ø 11 53") and (approximate Latitude 25ø 59 35", Longitude 84ø 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 25ø 59 38", Longitude 84ø 11 08") approximately following the northern boundary of village Bikrampur, placing this village in Uttar Pradesh.

6. From this point, the boundary shall run straight within the high banks of Ghaghra river to point (approximate Latitude 25ø 59 39", Longitude 84ø 10 46") so as to place village Diara Naubarar Bandobasti Patar completely in Bihar and village Ailasgarh commpletely in Uttar Pradesh. The alignment thence to point (approximate Latitude 26ø 01 27", Longitude 84ø 10 11") will be such that village Diara Maniar Tukra I shall be placed in Bihar and village Mahazi Maniar Tukra II shall be placed in Uttar Pradesh.

7. From thereon, the boundary shall run in straight lines within the high banks of Ghaghra river, connecting successively points (approximate Latitude 26ø 03 07", Longitude 84ø 08 21"), (approximate Latitude 26ø 04 29", Longitude 84ø 07 26"), (approximate Latitude 26ø 05 34", Longitude 84ø 06 22"), (approximate Latitude 26ø 06 00", Longitude 84ø 05 27") and (approximate Latitude 26ø 06 00", Longitude 84ø 03 27") so as to place villages Kasaila Pachbimia, Diara Kashidat, Diara Harna Tand, Darauli, Doba Karwan, Karamha. Amarpur, Keontallia and Dumarhar Khurd completely in Bihar and villages Dewarah Mahazi Kashidat, Dewarah 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.

8. The boundary described above, shall be a continous line.
Last updated on September, 2016

Find a Lawyer

Legal Hall of Fame

The current Legal Luminaries of India, the credible names in the legal circle along with those who would be the leading stars of the next decade. These are some of the reliable names in field of law. Nominate the Legal Stars of tomorrow

More

Recent Judgment


Sudha Mishra vs. Surya Chandra Mishra( R.F.A 299 of 2014

The Hon'ble High Court of Delhi in Sudha Mishra vs. Surya Chandra Mishra (R.F.A 299 of 2014)has ruled that a woman has a right over the property of her husband but she cannot claim a right to live in the house of her parents-in-law

More

Bare Acts

Helpline Law provides a user friendly compendium of Indian Law & Bare Acts. Get a complete list & detail of Indian Bare Acts, with amendments and repeals. It comes with easy-to-use features like Search by bare acts & by year. You can even email the information to yourself!

More

Have a Legal Matter ?
Need a Lawyer?

Have a Legal Matter ?

Need a Lawyer?

Male
Female