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THE BIHAR REORGANISATION ACT, 2000

Title : THE BIHAR REORGANISATION ACT, 2000

Year : 2000



(1) On and from the appointed day, there shall be a separate High Court for the State of Jharkhand (hereinafter referred to as the High Court of Jharkhand) and the High Court at Patna shall become the High Court for the State of Bihar (hereinafter referred to as the High Court at Patna).

(2) The principal seat of the High Court of Jharkhand 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 Jharkhand may sit at such other place or places in the State of Jharkhand other than its principal seat as the Chief Justice may, with the appr val of the
Governor of Jharkhand, appoint.



(1) Such of the Judges of the High Court at Patna 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 Patna and become Judges of the High Court of Jharkhand.

(2) The persons who by virtue of sub-section (1) become Judges of the High Court of Jharkhand 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 appointment as Judges of the High Court of Patna.



The High Court of Jharkhand shall have, in respect of any part of the territories included in the State of Jharkhand, all such jurisdiction, powers and authorities as, under the law in force immediately before the appointe day, are exercisable in respect of that part of the said territories by the High Court at Patna.



(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), after the words "Jammu and Kashmir", the word "Jharkhand" shall be nserted.

(2) Any person who immediately before the appointed day is an advocate on the roll of the Bar Council of the existing State of Bihar may give his option in writing, within one year from the appointed day to the Bar Council of such existing State, to transfer his name on the roll of the Bar Council of Jharkhand and notwithstanding anything contained in the Advocates Act, 1961 (25 of 1961) and the rules made there under, on such option so given his name shall be deemed to have been transferred on the role of the Bar Council of Jharkhand with effect from the date of the option so given for the purposes of the said Act and the rules made there under.

(3) The person other than the advocates who are entitled immediately before the appointed day, to practise in the High Court at Patna or any subordinate court thereof shall, on and after the appointed day, be recognised as such persons entitled also practise in the High Court of Jharkhand or any subordinate court thereof, as the case may be.

(4) The right of audience in the High Court of Jharkhand shall be regulated in accordance with the like principles as, immediately before the appointed day, are in force with respect to the right of audience in the High Court at Patna.



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 Patna shall, with the necessary modifications, appl in relation to the High Court of Jharkhand, and accordingly, the High Court of Jharkhand shall have all such powers to make rules and orders with respect to practice and procedure as immediately before the appointed day exercisable by the High Court at atna:

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 Patna shall, until varied or revoked by rules or orders made by the High Court of Jharkhand, apply with he necessary modifications in relation to practice and procedure in the High Court of Jharkhand as if made by that court.



The law in force immediately before the appointed day with respect to the custody of the seal of the High Court at Patna shall with the necessary modifications, apply with respect to the custody of the seal of the High Court of Jharkhand.



The law in force immediately before the appointed day with respect to the form of writs and special processes used, issued or awarded by the High Court at Patna shall, with the necessary modificaitons, apply with respect to the form of writs and other processes used, issued or awarded by the High Court of Jharkhand.



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 Patna with respect to all matters ancillary to the exercise of those powers sh ll, with the necessary modification, apply in relation to the High Court of Jharkhand.



The law in force immediately before the appointed day relating to appeals to the Supreme Court from the High Court at Patna and the Judges and division courts thereof shall, with the necessary modification, a ply in relation to the High Court of Jharkhand.



(1) Except as hereinafter provided, the High Court at Patna shall, as from the appointed day, have no jurisdiction in respect of the transferred territory.

(2) Such proceedings pending in the High Court at Patna immediately before the appointed day as are certified, whether before or after that day, by the Chief Justice of the High Court, having regard to the places of accrual of the cause of action and other circumstances, to be proceedings which are ought to be heard and decided by the High Court of Jharkhand shall as soon as may be after such certification, be transferred to the High Court of Jharkhand.

(3) Notwithstanding anything contained in sub-sections (1) and (2) of this section or in section 27, but save as hereinafter provided, the High Court at Patna shall have,and the High Court of Jharkhand 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 the High Court that they ought to be transferred to the High Court of Jharkhand, 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 proceeding to the High Court of Jharkhand 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 or the High Court at Patna, but also as an order made by the High Court of Jhakhand.



Any person, who immediately before the appointed day, is an advocate entitled to practice or an attorney entitled to act, in the High Court at Patna and so authorised to appear or to act in any proceedings transferred from that High Court to the High Court of Jharkhand under section 34 shall have the right to appear or to act, as the case may be, in the High Court of Jharkhand in relation to those proceedings.



For the purposes of section 34-

(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
Supreme Court, application for review, petitions for revision and petitions for writs; and shall include appeals, applications for leave o appeal to the

(b) References to a High Court shall be construed as including references to a Judge or division court thereof, and reference to order made by a court or the Judge shall be construed as including references to a sentence, judgment or decree passed or mad by that court of Judge.



Nothing in this Part shall affect the application to the High Court of Jharkhand 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.
Last updated on September, 2016

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