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THE STATES RE-ORGANIZATION ACT, 1956

Title : THE STATES RE-ORGANIZATION ACT, 1956

Year : 1956



The provisions of Part II 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 an existing State 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 any of the States 1*[or Union territories] formed or territorially altered by the provisions of Part II, 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and thereupon every such law shall have effect subject to the adaptations and modifications so made until altered, repealed or amended by a competent Legislature or other competent authority.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-

(a) As respects any law relating to a matter enumerated in the Union List, the Central Government; and

(b) As respects any other law,-

(i) In its application to a 2*** State, the State Government, and

(ii) In its application to a 3*[Union territory], the Central Government.

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1. Ins. by the Adaptation of Laws (No. 1) Order, 1956.

2. The word and letter "Part A" omitted, ibid.

3. Subs., ibid., for "Part C State".

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Notwithstanding that no provision or insufficient provision has been made under section 120 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 any State 1*[or Union territory] formed or territorially altered by the provisions of Part II, 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.

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1. Subs., ibid., for "Part C State".

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The Central Government, as respects any 1*[Union territory], and the State Government as respects any new State or any transferred territory, may, by notification in the Official Gazette, specify the authority, officer or person who, as from the appointed day, shall be competent to exercise such functions exercisable under any law in force on that day as may be mentioned in that notification and such law shall have effect accordingly.

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1. Subs., ibid., for "Part C State".

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Where immediately before the appointed day, the Union or an existing State is a party to any legal proceedings with respect to any property, rights or liabilities subject to apportionment under this Act, the successor State which succeeds to, or acquires a share in, that property or those rights or liabilities by virtue of any provision of this Act shall be deemed to be substituted for the Union or the existing State as a party to those proceedings, or added as a party thereto, as the case may be, and the proceedings may continue accordingly.



Any person who immediately before the appointed day, is enrolled as a pleader entitled to practise in any subordinate Courts in an existing State which is affected by the provisions of Part II 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) 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 a State shall, if it is a proceeding relating exclusively to any part of the territories which as from that day are the territories of another State 1*[or form a Union territory], stand transferred to the corresponding Court, tribunal, authority or officer in the other State 1*[or the Union territory, as the case may be].

(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 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 2*[or Union territory] means-

(i) The Court, tribunal, authority or officer in that State 2*[or Union territory] 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 2*[or Union territory] as may be determined after the appointed day by the Government of that State 1*[or the Central Government, as the case may be], or before the appointed day by the Government of the corresponding State, to be the corresponding Court, tribunal, authority or officer.

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1. Ins. by the Adaptation of Laws (No. 1) Order. 1956.

2. Subs., ibid., for "Part C State".

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Declaration of certain ancient monuments, etc., in Part C States to be of national importance. Rep. by the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (24 of 1958), s. 39. (w.e.f. 15-10-1959).



The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law.



If any difficulty arises in giving effect to the provisions of this Act, the President may by 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) 1*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 in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions a fore-said, 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.

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1. Ins. by the Adaptation of Laws (No. 1) Order, 1956.

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(1) The Government of Part C States Act, 1951, is repealed with effect from the appointed day.

(2) The said repeal shall not affect any laws made by the Legislature of a Part C State by virtue of any power conferred on that Legislature by the Act so repealed,and all such laws in force immediately before the appointed day shall continue in force, subject to such adaptations and modifications as may be made therein under section 120, until altered, repealed or amended by a competent Legislature or other competent authority.

THE FIRST SCHEDULE
[See section 28 (3)]

Every sitting member representing a constituency specified in the first column of the Table below in the Legislative Assembly of the existing State specified against it in the second column shall, as from the appointed day, be deemed to have been elected to the Legislative Assembly of the State specified against that constituency in the third column and cease to be a member of the Legislative Assembly of which he was a member immediately before that day:

TABLE

Name of Constituency Existing State State to which transferred

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(1)                      (2)                        (3)
----------------------------------------------------------------------------

1. Palanpur-Abu-Vadagam-Danta . Bombay . . . Bombay.

2. Chandgad . . Bombay . . . Bombay.

3. Halsur . . Hyderabad . . Bombay.

4. Udgir . . Hyderabad . . Bombay.

5. Kodangal . . Hyderabad . . Andhra Pradesh.

6. Tandur-Seram . . Hyderabad . . Mysore.

7. Bidar . . Hyderabad . . Mysore.

8. Zahirabad . . Hyderabad . . Andhra Pradesh.

9. Mudhol . . Hyderabad . . Andhra Pradesh.

10. Deglur . . Hyderabad . . Bombay.

11. Kinwat . . Hyderabad . . Bombay.

12. Asifabad . . Hyderabad . . Andhra Pradesh.

13. Bhanpura . . Madhya Bharat. . Madhya Pradesh.

14. Panemangalore . . Madras . . Mysore.


SCHEDULE

THE SECOND SCHEDULE

[See section 35 (2)]

MODIFICATIONS IN THE DELIMITATION OF COUNCIL CONSTITUENCIES (MADRAS) ORDER, 1951.

In the Table-

(a) For the entry relating to the Madras (Graduates) Constituency, substitute:-

"Madras (Graduates) Entire State 1*[6]";

(b) For the entry in the second column relating to the Madras (Teachers) Constituency, substitute "Entire State";

(c) In the third column, for the figure "3" wherever it occurs, substitute "4"; and

(d) Omit the entry relating to the West Coast (Local Authorities) Constituency.

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1. Subs. by Act 67 of 1956, s. 3, for "4" (with retrospective effect).

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SCHEDULE

THE THIRD SCHEDULE

[See section 40]

ALLOCATION OF SEATS IN THE HOUSE OF THE PEOPLE AND ASSIGNMENT OF SEATS TO STATE LEGISLATIVE ASSEMBLIES

The number of seats in the House of the People to be allotted to each of the States 1*[and Union territories] and the number of seats to be assigned to the Legislative Assembly of each 2*[State other than Jammu and Kashmir] shall be as shown in the following Table:-

TABLE

3* * * * *

Number of seats Number of seats in the House of in the Legislate the People tine Assembly

1. Andhra Pradesh . . . 43 301.

2. Assam . . . . . . 12 108.

3. Bihar . . . . . . 55 330

4. Bombay . . . . . . 66 396.

5. Kerala . . . . . . 18 126.

6. Madhya Pradesh . . . 36 288.

7. Madras . . . . . . 41 205.

8. Mysore . . . . . . 26 208.

9. Orissa . . . . . . 20 140

10. Punjab . . . . . . 22 154.

11. Rajasthan. . . . . . 22 176.

12. Uttar Pradesh . . . . 86 430

13. West Bengal . . . . 34 238.

14. Jammu and Kashmir . . . 6.

15. Delhi . . . . . . 5.

16. Himachal Pradesh . . . 4.

17. Manipur . . . . . 2.

18. Tripura . . . . . 2.

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1. Ins. by the Adaptation of Laws (No. 1) Order, 1956.

2. Subs., ibid., for "Part A State".

3. The word "States" omitted, ibid.

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SCHEDULE

[See section 74 (1)]

I. MODIFIED FORM OF SECTION 3 OF THE UNION DUTIES OF
EXCISE (DISTRIBUTION) ACT, 1953.

Distribution of a part of the Union duties of excise among the States.

(1) During the first half of the financial year commencing on the Ist day of April, 1956, there shall be paid out of the Consolidated Fund of India to each of the State specified in column 1.of the Table below such percentage of the distributable Union duties of excise for the half year as is set out against it in column 2:

TABLE

State Percentage

Andhra . . . . . . . . . . 5.92.

Assam . . . . . . . . . . 2.61.

Bihar . . . . . . . . . . 11.60

Bombay . . . . . . . . . . 10.37.

Hyderabad . . . . . . . . . 5.39.

Madhya Bharat . . . . . . . . . 2.29.

Madhya Pradesh . . . . . . . . . 6.13.

Madras . . . . . . . . . . 10.30

Mysore . . . . . . . . . . 2.84.

Orissa . . . . . . . . . . 4.22.

Patiala and East Punjab States Union . . . . 1.00

Punjab . . . . . . . . . . 3.66.

Rajasthan . . . . . . . . . 4.41.

Saurashtra . . . . . . . . . 1.19.

Travancore-Cochin . . . . . . . . 2.68.

Uttar Pradesh . . . . . . . . . 18.23.

West Bengal . . . . . . . . . 7.16.

(2) During the second half of the said financial year, there shall be paid out of the Consolidated Fund of India to each of the States specified in column 1 of the Table below such percentage of the distributable Union duties of excise for the half year as is set out against it in column 2 and such additional percentage, if any, of the said duties as is set out against it in column 3:

TABLE

State Percentage Additional percentage

Andhra Pradesh . . . . . 9.03.

Assam . . . . . . . . 2.61.

Bihar . . . . . . . . 11.60.

Bombay . . . . . . . 12.57 1.19.

Kerala . . . . . . . 1.49 2.42.

Madhya Pradesh . . . . . 6.25

Madras . . . . . . . 8.39 0.26.

Mysore . . . . . . . 2.90 2.62.

Orissa . . . . . . . 4.22.

Punjab . . . . . . . 4.66.

Rajasthan . . . . . . 4.40.

Uttar Pradesh . . . . . 18.23.

West Bengal . . . . . . 7.16.

(3) For the purposes of this section-

(a) The first half and the second half of the financial year commencing on the Ist day of April, 1956, shall be deemed to be the first seven months and the remaining five months, respectively, of that financial year;

(b) The distributable Union duties of excise for the first half and for the second half of the said financial year shall be deemed to be seven-twelfths and five-twelfths, respectively, of the distributable Union duties of excise for that financial year.

II. MODIFIED FORM OF PARAGRAPHS 3 AND 5 OF THE CONSTITUTION

(DISTRIBUTION OF REVENUES) ORDER, 1953.

(1) For the purposes of clause (2) of article 270, the proceeds attributable to Part C States for the first half and 1*[to Union territories] for the second half, of the financial year commencing on the Ist day of April, 1956, shall be taken to be 2 3/4.per cent. and 1 per cent. respectively, of so much of the net proceeds of taxes on income for the half year as does not represent the net proceeds of taxes payable in respect of Union emoluments.

(2) The percentage of the net proceeds of taxes on income, except in so far as those proceeds represent proceeds attributable to Part C States or to taxes payable in respect of Union emoluments, which is to be assigned to Part A States and Part B States (other than the State of Jammu and Kashmir) under clause (2) of article 270 in the first half of the said financial year shall be 55 per cent.; and the total amount to be so assigned shall be distributed among the said States as follows:-

State Percentage

Andhra . . . . . . . . . . . 5.49.

Assam . . . . . . . . . . . 2.25.

Bihar . . . . . . . . . . . 9.75.

Bombay . . . . . . . . . . . 17.50

Hyderabad . . . . . . . . . 4.50

Madhya Bharat . . . . . . . . 1.75.

Madhya Pradesh . . . . . . . . 5.25.

Madras . . . . . . . . . . . 9.56.

Mysore . . . . . . . . . . . 2.45.

Orissa . . . . . . . . . . . 3.50

Patiala and East Punjab States Union . 0.75.

Punjab . . . . . . . . . . . 3.25.

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1. Ins. by the Adaptation of Laws (No. 1) Order, 1956.

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Rajasthan . . . . . . . . . . 3.50

Saurashtra . . . . . . . . . 1.00

Travancore-Cochin . . . . . . . 2.50

Uttar Pradesh . . . . . . . 15.75.

West Bengal . . . . . . . . . 11.25.

(3) The percentage of the net proceeds of the taxes on income, except in so far as those proceeds represent proceeds attributable to1*[Union territories] or the taxes payable in respect of Union emoluments, which is to be assigned to 2*[States (other than the State of Jammu and Kashmir)] under clause (2) of article 270 in the second half of the said financial year shall be 55 per cent.; and the total amount to be so assigned shall be distributed among the said States as follows:-

State Percentage Additional percentage

Andhra Pradesh . . . . . 8.09.

Assam . . . . . . . 2.25.

Bihar . . . . . . . . 9.75.

Bombay . . . . . . . 18.10 1.00

Kerala . . . . . . . 1.38 2.26.

Madhya Pradesh . . . . 5.14.

Madras . . . . . . . 7.79 0.24.

Mysore . . . . . . . 3.74 2.25.

Orissa . . . . . . . 3.50.

Punjab . . . . . . . 4.00.

Rajasthan . . . . . . 3.51.

Uttar Pradesh . . . . . 15.75.

West Bengal . . . . . 11.25.

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1. Subs. by the Adaptation of Laws (No. 1) Order, 1956, for "Part C
States".

2. Subs., ibid., for "Part A States".

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(4) For the purposes of this paragraph-

(a) The first half and the second half of the financial year commencing on the 1st day of April, 1956, shall be deemed to be the first seven months and the remaining five months, respectively, of that financial year;

(b) The net proceeds of taxes on income for the first half and for the second half of the said financial year shall be deemed to be seven-twelfths and five-twelfths, respectively, of the net proceeds of such taxes for that financial year.

5. (1) In accordance with the provisions of clause (1) of article 275, there shall be charged on the Consolidated Fund of India-

(a) In the first seven months of the said financial year, as grants-in-aid of the revenues of each of the States specified below, the sum specified against it:

(i) For general purposes-

Assam . . . . . . . 58.33 lakhs of rupees.

Mysore . . . . . . . 23.33 ,, ,,

Orissa . . . . . . . 43.75 ,, ,,

Punjab . . . . . . . 72.92 ,, ,,

Saurashtra . . . . . 23.33 ,, ,,

Travancore-Cochin . . . 26.25 ,, ,,

West Bengal . . . . . 46.67 ,, ,,

(ii) For the expansion of primary education--

Bihar . . . . . . . 48.42 lakhs of rupees.

Hyderabad . . . . . 23.33 ,, ,,

Madhya Bharat . . . . 10.50 ,, ,,

Madhya Pradesh . . . . 29.17 ,, ,,

Orissa . . . . . . . 18.67 ,, ,,

Patiala and East Punjab

States Union . . . 5.25 ,, ,,

Punjab . . . . . . . 16.33 ,, ,,

Rajasthan . . . . . 23.33 ,, ,,

(b) In the remaining five months of the said financial year, as grants-in-aid of the revenues of each of the States specified below, the sum specified against it:

(i) For general purposes-

Assam . . . . . . . 41.67 lakhs of rupees.

Mysore . . . . . . . 16.67 ,, ,,

Orissa . . . . . . . 31.25 ,, ,,

Punjab . . . . . . . 52.08 ,, ,,

Bombay . . . . . . . 16.67 ,, ,,

Kerala . . . . . . . 16.93 ,, ,,

Madras . . . . . . . 1.82 ,, ,,

West Bengal . . . . . 33.33 ,, ,,

(ii) For the expansion of primary education-

Bihar . . . . . . . 34.58 lakhs of rupees.

Andhra Pradesh . . . . 9.62 ,, ,,

Mysore . . . . . . . 2.41 ,, ,,

Bombay . . . . . . . 12.10 ,, ,,

Madhya Pradesh . . . . 20.98 ,, ,,

Orissa . . . . . . . 13.33 ,, ,,

Punjab . . . . . . . 15.42 ,, ,,

Rajasthan . . . . . 16.56 ,, ,,

(2) There shall also be charged on the Consolidated Fund of India-

(a) in the first seven months of the said financial year, as grants-in-aid of each of the States of Mysore, Saurashtra and Travancore-Cochin, the sum by which the total of the amounts payable to that State under sub-paragraph (2) of paragraph 3 of this Order and under sub-section (1) of section 3 of the Union Duties of Excise (Distribution) Act, 1953, falls short of 201.25.lakhs of rupees, 160.42 lakhs of rupees and 163.33.lakhs of rupees, respectively; and

(b) In the remaining five months of the said financial year, as grants-in-aid of each of the States of Mysore, Bombay, Kerala and Madras, the sum by which the total of the amounts payable to that State as additional percentages under sub-paragraph (3) of paragraph 3 of this Order and under sub-section (2) of section 3 of the said Act falls short of 143.75 lakhs of rupees,114.58 lakhs of rupees, 105.38 lakhs of rupees and 11.29 lakhs of rupees, respectively.

(3) Any sum or sums payable under this paragraph shall be in addition to any sum or sums payable to the States under each of the provisos to clauses (1) of article 275.

SCHEDULE

THE FIFTH SCHEDULE

[See section 86]

APPORTIONMENT OF LIABILITY IN RESPECT OF PENSIONS

1. Subject to the adjustments mentioned in paragraph 3, the successor State or each of the successor States shall, in respect of pensions granted before the appointed day by an existing State, pay the pensions drawn in its treasuries.

2. Subject to the said adjustments, the liability in respect of pensions of officers serving in connection with the affairs of an existing State who retire or proceed on leave preparatory to retirement before the appointed day, but whose claims for pensions are outstanding immediately before that day, shall be the liability of the successor State, or, if there be two or more successor States, of such one of them as the Central Government may by order specify.

3. In any case where there are two or more successor States, there shall be computed, in respect of the period commencing on the appointed day and ending on the 31st day of March, 1957 and in respect of each subsequent financial year, the total payments made in all the successor States in respect of the pensions referred to in paragraphs 1 and 2. That total representing the liability of the existing State in respect of pensions shall be apportioned between the successor States in the population ratio and any successor State paying more than its due share shall be reimbursed the excess amount by the successor State or States paying less.

4. (1) The liability in respect of the pension of any officer serving immediately before the appointed day in connection with the affairs of an existing State and retiring on or after that day, shall be that of the successor State granting the pension; but the portion of the pension attributable to the service of any such officer before the appointed day in connection with the affairs of that existing State shall, if there be two or more successor States, be allocated between them in the population ratio, and the Government granting the pension shall be entitled to receive from each of the other successor States its share of this liability.

(2) If any such officer was serving after the appointed day in connection with the affairs of more than one successor State, the successor State or States other than the one granting the pension shall reimburse to the Government by which the pension is granted an amount which bears to the portion of the pension attributable to his service after the appointed day the same ratio as the period of his qualifying service after the appointed day under that successor State bears to the total qualifying service of such officer after the appointed day reckoned for the purposes of pension.

(3) In reckoning the said total qualifying service, any service of such officer before the appointed day in connection with the affairs of the Union under the administrative control of the Lieutenant-Governor or Chief Commissioner in any of the existing States of Ajmer, Bhopal, Coorg,Kutch and Vindhya Pradesh shall be added as if the said service had been service after the appointed day in connection with the affairs of the successor State to that existing State.

5. Any reference in this Schedule to a pension shall be construed as including a reference to the commuted value of the pension.

SCHEDULE

THE SIXTH SCHEDULE

(See section 113)

(1) Engineering Colleges and Schools of Technology.

(2) Medical Colleges.

(3) Agricultural Colleges.

(4) Veterinary Colleges.

(5) Government hospitals providing for special treatment, such as,

(i) Tuberculosis hospitals and sanatoria,

(ii) Cancer hospitals,

(iii) Radium institutes,

(iv) Mental hospitals,

(v) Leprosy hospitals and sanatoria, and

(vi) Hospitals providing for Unani or Ayurvedic treatment.

(6) Research Institutes, such as,-

(i) Irrigation research institutes,

(ii) Government analysts departments, and

(iii) Serum institutes.

(7) Central Jails.

(8) Borstal Schools, Reformatory Schools and Certified Schools.

(9) Police Training Colleges and Institutes.

(10) Fire Services Training Schools.

(11) Hostels for Scheduled Castes, Scheduled Tribes and Backward
Classes.

(12) Photo Registry Offices.

(13) Central Records Offices.

(14) Forest Schools.

(15) Finger Print Bureaux.
Last updated on September, 2016

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