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THE BOMBAY RE-ORGANISATION ACT, 1960

Title : THE BOMBAY RE-ORGANISATION ACT, 1960

Year : 1960



As from the appointed day, there shall be allotted 19 seats to the State of Maharashtra, and 11 seats to the State of Gujarat, in the Council of States, and in the Fourth Schedule to the Constitution in the Table,-

(a) For entry 4, the following entry shall be substituted, namely:-

''4 Gujarat ..11'';

(b) After entry 7, the following entry shall be inserted namely:-

''8 Maharashtra ...19'';

(c) Entries 8 to 18 shall be renumbered as entries 9 to 19 respectively; and

(d) For the figures ''221 the figures ''224''shall be substituted.



(1) The twelve sitting members of the Council of States representing the State of Bombay, whose names are specified in Part I of the Second Schedule, and such six of the nine sitting members elected to represent that State at the biennial elections held for the purpose of filling the vacancies existing on the 3rd day of April, 1961, as the Chairman of the Council of States shall be order specify shall, as from the appointed day, be de deemed to have been duly elected to fill eighteen of the nineteen seats allotted to the State of Maharashtra.

(2) The five sitting members of the Council of States representing the State of Bombay, whose names are specified in Part II of the Second Schedule, and the remaining three of the nine members elected at the said biennial elections shall, as from the appointed day, be deemed to have been duly elected to fill eight of the eleven seats allotted to the State of Gujarat.



As soon as may be after the appointed day, bye-elections shall be held to fill the additional seats allotted to the States of Maharashtra and Gujarat as well as the existing casual vacancy in the seats allotted to the State of Gujarat.



(1) The term of office of the sitting members and of the member chosen to fill the casual vacancy shall remain unaltered.

(2) The term of office of the member elected to fill the one additional seat allotted to the State of Maharashtra shall expire on the 2nd day of April, 1966.

(3) Out of the two members elected to fill the two additional seats allotted to the State of Gujarat, the term of office of that member who, at the counting of votes, is last declared elected, or if an equality of votes is found to exist, the term of office of such one of them as the returning office shall decide by lot, shall expire on the 2nd day of April, 1964, and the term of office of the other member shall expire on the 2nd day of April, 1966.



As from the appointed day, there shall be allotted 44 seats to the State of Maharashtra, and 22 seats to the State of Gujarat, in the House of the People, and in the First Schedule to the Representation of the People Act, 1950 (43 of 1950)

(a) For entry 4, the following entry shall be substituted, namely;-

''4 Gujarat 22'',

(b) After entry 7, the following entry shall be inserted, namely:-

''8 Maharashtra 44''; and

(c) Entries 8 to 22 shall be renumbered as entries 9 to 23 respectively.



As from the appointed day, the First Schedule to the Delimitation of Parliamentary and Assembly constituencies Order, 1956, shall stand amended as directed inn the Third Schedule to this Act.



Every sitting member of the House of the People representing a constituency which, on the appointed day, by virtue of the provisions of section 11, stands allotted, with or without alteration of boundaries, to the State of Maharashtra or to the State of Gujarat, shall be deemed to have been elected to the House of the People by that constituency as so allotted.



As from the appointed day, the total number of seats to be filled by persons chosen by direct election in the Legislative Assemblies of Maharashtra and Gujarat shall be 264 and 132 respectively, and in the Second Schedule to the Representation of the People Act, 1950 (43 of 1950) -

(a) For entry 4, the following entry shall be substituted, namely;-

''4 Gujarat 132'',

(b) After entry 7, the following entry shall be inserted, namely;-

''8 Maharashtra 264'', and

(c) Entries 8 to 13 shall be renumbered as entries 9 to 14 respectively.



As from the appointed day, the Second Schedule to the Delimitation of Parliamentary and Assembly Constituencies Order, 1956, shall stand amended as directed in the Fourth Schedule to this Act.



(1) Every sitting member of the Legislative Assembly of Bombay representing a constituency which on the appointed day by virtue of the provisions of section 14 stands transferred, whether with or without alteration of boundaries, to the State of Gujarat shall, as from that day, cease to be a member of the Legislative Assembly of Bombay and shall be deemed to have been elected to the Legislative Assembly of Gujarat by that constituency as so transferred.

(2) All other sitting members of the Legislative Assembly of Bombay shall become members of the Legislative Assembly of Maharashtra and any such sitting member representing a constituency the extent or the name and extent of which are altered by virtue of the provisions of section 14 shall be deemed to have been elected to the Legislative Assembly of Maharashtra by the constituency as so altered.

(3) The sitting member of the Legislative Assembly of Bombay nominated to that Assembly under article 333 to represent the Anglo Indian community shall be deemed to have been nominated to represent that said community in the Legislative Assembly of Maharashtra under that article.



The period of five years referred to in clause (1) of article 172 of the constitution shall, in the case of the Legislative Assembly of Maharashtra or Gujarat, be deemed to have commenced on the date on which it actually commenced in the case of the Legislative Assembly of Bombay.



(1) The persons who immediately before the appointed day are the Speaker and Deputy Speaker of the Legislative Assembly of Bombay shall be the Speaker and Deputy Speaker respectively of the Legislative Assembly of Maharashtra.

(2) As soon as may be after the appointed day, the Legislative Assembly of Gujarat shall choose two members of that Assembly to be respectively Speaker and Deputy Speaker thereof and until they are so chosen, the duties of the office of Speaker shall be performed by such member of the Assembly as the Governor may appoint for the purpose.



The rules as to procedure and conduct of business in force immediately before the appointed day with respect to the Legislative article 208, have effect in relation to the Legislative Assembly of Maharashtra or of Gujarat, subject to such modifications and adaptations as may be made therein by the Speaker thereof.



(1) The total number of seats in the Legislative Assembly of Gujarat to be filled by persons chosen by direct election on the expiration of the duration of that Assembly under section 16 or on its dissolution shall be increased from 132 to 154; and accordingly, as from the date of such expiration or dissolution, in the Second Schedule to the Representation of the People Act, 1950 (43 of 1950), in entry 4 for the figures ''132'', the figures ''154'' shall be substituted.

(2) For the purpose of giving effect to the provisions of sub-section (1), the Election Commission shall determine in the manner hereinafter provided-

(a) The number of seats to be reserved for the scheduled castes and the scheduled tribes of the State in the Legislative Assembly, having regard to the relevant provisions of the Constitution;

(b) The assembly constituencies into which the State shall be divided, the extent of, and the number of seats to be allotted to, each such constituency, and the number of seats, if any, to be reserved for the scheduled castes or the scheduled tribes of the State in each such constituency; and

(c) The adjustments in the boundaries and description of the extent of the parliamentary constituencies in the State that may be necessary or expedient.

(3) In determining the matters referred to in clauses (b) and (c) of sub-section (20, the Election Commission shall have regard to the provisions contained in clauses (a) to (e) of sub-section (2) of section 8 of the Delimitation Commission Act, 1952 (81 of 1952).

(4) For the purpose of assisting the Election Commission in the performance of its functions under sub-section (2), the Commission shall associate with itself such five persons as the Central Government shall be order specify, being persons who are members either of the Legislative Assembly of the State or of the House of the People representing the State;

Provided that none of the said associate members shall have a right to vote or to sign any decision of the Election Commission.

(5) The Election Commission shall-

(a) Publish its proposals in regard to matters mentioned in sub-section (2) in the Official Gazette of the State together with a notice specifying the date on or after which the proposals will be further considered by it;

(b) Consider all objections and suggestions which may have been received by it before the date so specified and for the purpose of such consideration, hold one or more public sitting at such place or places as it thinks fit;

(c) Make an order revising to such extent as may be necessary or expedient the schedules to the Delimitation of Parliamentary and Assembly Constituencies Order, 1956, in so far as they relate to the State; and

(d) Send authenticated copies of the order to the Central Government and to the State Government.

(6) As soon as may be after the said order is received by the Central Government or the State Government, it shall be laid before the House of the People or, as the case may be, the Legislative Assembly of the State.

(7) An order made by the Election Commission under this section shall have the full force of law and shall not be called in question in any court.



As from the appointed day, in article 168 of the Constitution, in sub-clause (a) of clause (1), the word ''Bombay''shall be omitted, and after the word ''Madras'', the word ''Maharashtra'' shall be inserted.



As from the appointed day, there shall be 78 seats in the Legislative Council of Maharashtra, and in the Third Schedule to the Representation of the People Act, 1950 (43 of 1950);-

(a) The entry No.3 relating to Bombay shall be omitted and the existing entries 4 and 5 shall be renumbered as entries 3 and 4 respectively;

(b) After the entry relating to Madras, the following entry shall be inserted, namely;-

''Maharashtra 78 22 7 7 30 12''.



As form the appointed day, the Delimitation of Council Constituencies (Bombay Order, 1951 shall stand amended as directed in the Fifth Schedule.



(1) On the appointed day-

(a) The sitting members of the Legislative Council of Bombay specified in the Sixth Schedule shall cease to be members of that Council; and

(b) All other sitting members of that Council shall become members of the Legislative Council of Maharashtra and any such sitting member representing a council constituency the extent of which is altered by virtue of the provisions of section 22 shall be deemed to have been elected to the Legislative Council of Maharashtra by that constituency as so altered.

(2) The term of office of the members referred to in clause (b) of sub-section (1) shall remain unaltered.



(1) Notwithstanding anything contained in section 16 of the Representation of the People Act, 1951, no notification under that section shall be published before the appoi8nted day for holding biennial elections to fill the seats of members of the Legislative Council of Bombay, retiring on the expiration of their term of office on the 24th day of April, 1960.

(2) The term of office of the members of the said Council elected to fill the vacancies at the said biennial elections shall expire on the 24th day of April, 1966.



(1) The person who immediately before the appointed day is the Deputy Chairman of the Legislative Council of Bombay shall be the Deputy Chairman of the Legislative Council of Maharashtra.

(2) As soon as may be after the completion of the biennial elections referred to in section 24, the Legislative Council of Maharashtra shall choose one of its members to be the Chairman thereof.



As from the appointed day, the Constitution (Scheduled Castes) Order, 1950, shall stand amended as directed in the Seventh Schedule.



As from the appointed day, the Constitution (Scheduled Tribes) Order, 1950, shall stand amended as directed in the Eighth Schedule.

Last updated on April, 2016

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