Indian Bare Acts

Search Alphabatically :

THE UTTAR PRADESH REORGANISATION ACT, 2000

Title : THE UTTAR PRADESH REORGANISATION ACT, 2000

Year : 1962




PART VI

APPORTIONMENT OF ASSETS AND LIABILITIES


42.Application of Part.


42. Application of Part.-(1) The provisions of this Part shall apply in relation to the apportionment of the assets and liabilities of the existing State of Uttar Pradesh immediately before the appointed day.

(2) The successor States shall be entitled to receive benefits arising out of the decisions taken by the predecessor State and the successor
States shall be liable to bear the financial liabilities arising out of the decisions taken by the existing State of Uttar Pradesh.

(3) The apportionment of assets and liabilities would be subject to such financial adjustment as may be necessary to secure just, reasonable and equitable apportionment of the assets and liabilities amongst the successor States.

(4) Any dispute regarding the amount of financial assets and liabilities shall be settled through mutual agreement, failing which by order by the Central Government on the advice of the Comptroller and Auditor-General of India.


43.Land and goods.


43. Land and goods.-(1) Subject to the other provisions of this Part, all land and all stores, articles and other goods belonging to the existing State of Uttar Pradesh shall,-

(a) if within the transferred territory, pass to the State of
Uttaranchal; or

(b) in any other case, remain the property of the State of Uttar
Pradesh:

Provided that where the Central Government is of opinion that any goods or class of goods should be distributed among the States of
Uttar Pradesh and Uttaranchal, otherwise than according to the situation of the goods, the Central Government may issue su h directions as it thinks fit for a just and equitable distribution of the goods and the goods shall pass to the successor States accordingly:

Provided further that in case of any dispute relating to the distribution of any goods or class of goods under this sub-section, the Central Government shall endeavour to settle such dispute through mutual agreement arrived at between the Governments of he successor
States for that purpose, failing which the Central Government may, on request by any of the Governments of the successor States, after consulting both the Governments of the successor States, issue such direction as it may deem fit for the d stribution of such goods or class of goods, as the case may be, under this sub-section.

(2) Stores held for specific purposes, such as use or utilisation in particular institutions, workshops or undertakings or on particular works under construction, shall pass to the successor States in whose territories such institutions, workshops, under akings or works are located.

(3) Stores relating to the Secretariat and offices of Heads of
Departments having jurisdiction over the whole of the existing State of Uttar Pradesh shall be divided between the successor States in accordance with such directions as the Central Governmen may, after consultation with the Government of each successor States, think fit to issue for a just and equitable distribution of such stores.

(4) Any other unissued stores of any class in the existing State of
Uttar Pradesh shall be divided between the successor States in proportion to the total stores of that class purchased in the period of three years prior to the appointed day, for the ter itories of the existing State of Uttar Pradesh included respectively in each of the successor States:

Provided that where such proportion cannot be ascertained in respect of any class of stores or where the value of any class of such stores does not exceed rupees ten thousand, that class of stores shall be divided between the successor States according t the population ratio.

(5) In this section, the expression "land includes immovable property of every kind and any rights in or over such property, and the expression "goods does not include coins, bank notes and currency notes.


44.Treasury and bank balances.


44. Treasury and bank balances.-The total of the cash balances in all treasuries of the State of Uttar Pradesh and the credit balances of the State with the Reserve Bank of India, the State Bank of India or any other bank immediately before the appointed day shall be divided between the States of Uttar Pradesh and Uttaranchal according to the population ratio:

Provided that for the purposes of such division, there shall be no transfer of cash balances from any treasury to any other treasury and the apportionment shall be effected by adjusting the credit balances of the two States in the books of the Reserve Ba k of India on the appointed day:

Provided further that if the State of Uttaranchal has no account on the appointed day with the Reserve Bank of India, the adjustment shall be made in such manner as the Central Government may, by order, direct.


45.Arrears of taxes.


45. Arrears of taxes.-The right to recover arrears of the tax or duty on property, including arrears of land revenue, shall belong to the successor State in which the property is situated, and the right to recover arrears of any other tax or duty shall b long to the successor
State in whose territories the place of assessment of that tax or duty is included on the appointed day.


46.Right to recover loans and advances.


46. Right to recover loans and advances.-(1) The right of the existing State of Uttar Pradesh to recover any loans or advances made before the appointed day to any local body, society, agriculturist or other person in an area within that State shall belo g to the successor State in which that area is included on that day.

(2) The right of the existing State of Uttar Pradesh to recover any loans or advances made before the appointed day to any person or institution outside that State shall belong to the State of Uttar
Pradesh:

Provided that any sum recovered in respect of any such loan or advance shall be divided between the States of Uttar Pradesh and Uttaranchal according to the population ratio.


47.Investments and credits in certain funds.


47. Investments and credits in certain funds.-(1) The securities held in respect of the investments made from Cash Balances Investment
Account or from any Fund in the Public Account of the existing State of Uttar Pradesh as specified in the Seventh Sched le shall be apportioned in the ratio of population of the successor States:

Provided that the securities held in investments made from the
Calamity Relief Fund of the existing State of Uttar Pradesh shall be divided in the ratio of the area of the territories occupied by the successor States:

Provided further that the balance in the Reserve Funds in the Public
Account of Uttar Pradesh created wholly out of appropriations from the
Consolidated Fund of the existing State of Uttar Pradesh, to the extent the balances have not been invested outsid Government account, shall not be carried forward to similar Reserve Funds in the Public
Account of the successor States.

(2) The investments of the existing State of Uttar Pradesh immediately before the appointed day in any special fund, the objects of which are confined to a local area, shall belong to the State in which that area is included on the appointed day.

(3) The investments of the existing State of Uttar Pradesh immediately before the appointed day in any private, commercial or industrial undertaking, in so far as such investments have not been made or are deemed not to have been made from the Cash Balan es Investment
Account, shall pass to the State in which the principal seat of business of the undertaking is located.

(4) Where any body corporate constituted under a Central Act, State
Act or Provincial Act for the existing State of Uttar Pradesh or any part thereof has, by virtue of the provisions of Part II, become an inter-State body corporate, the investments in, o loans or advances to, any such body corporate by the existing State of Uttar Pradesh made before the appointed day shall, save as otherwise expressly provided by or under this Act, be divided between the States of Uttar
Pradesh and Uttaranchal in the sa e proportion in which the assets of the body corporate are divided under the provisions of this Part.


48.Assets and liabilities of State undertakings.


48. Assets and liabilities of State undertakings.-(1) The assets and liabilities relating to any commercial or industrial undertaking of the State of Uttar Pradesh shall pass to the State in which the undertaking is located.

(2) Where a depreciation reserve fund is maintained by the State of
Uttar Pradesh for any such commercial or industrial undertaking, the securities held in respect of investments made from that fund shall pass to the State in which the undertaking is loc ted.


49.Public Debt.


49. Public Debt.-(1) All liabilities on account of Public Debt and
Public Account of the existing State of Uttar Pradesh outstanding immediately before the appointed day shall be apportioned in the ratio of population of the successor States unless a dif erent mode of apportionment is provided under the provisions of this Act.

(2) The individual items of liabilities to be allocated to the successor States and the amount of contribution required to be made by one successor State to another shall be such as may be ordered by the
Central Government in consultation with the Compt oller and
Auditor-General of India:

Provided that till such orders are issued, the liabilities on account of Public Debt and Public Account of the existing State of Uttar
Pradesh shall continue to be the liabilities of the successor State of
Uttar Pradesh.

(3) The liability on account of loan raised from any source and re-lent by the existing State of Uttar Pradesh to such entities as may be specified by the Central Government and whose area of operation is confined to either of the successor States shall devolve on the respective States as specified in sub-section (4).

(4) The public debt of the existing State of Uttar Pradesh attributable to loan taken from any source for the express purpose of re-lending the same to a specific institution and outstanding immediately before the appointed day shall,-

(a) if re-lent to any local body, body corporate or other institution in any local area, be the debt of the State in which the local area is included on the appointed day; or

(b) if re-lent to the Uttar Pradesh Power Corporation Limited, the
Uttar Pradesh Jal Vidyut Nigam Limited, the Uttar Pradesh Rajya Vidyut
Utpadan Nigam Limited, the Uttar Pradesh State Road Transport
Corporation, or the Uttar Pradesh Housing Board or a y other institution which becomes an inter-State institution on the appointed day, be divided between the States of Uttar Pradesh and Uttaranchal in the same proportion in which the assets of such body corporate or institution are divided under the provi ions of Part VII.

(5) Where a sinking fund or a depreciation fund is maintained by the existing State of Uttar Pradesh for repayment of any loan raised by it, the securities held in respect of investments made from that fund shall be divided between the successor States f Uttar Pradesh and
Uttaranchal in the same proportion in which the total public debt is divided between the two States under this section.

(6) In this section, the expression "Government security" means a security created and issued by a State Government for the purpose of raising a public loan and having any of the forms specified in, or prescribed under, clause (2) of section 2 of the Pu lic Debt Act, 1944.(18 of 1944).


50.

Floating Debt.


50. Floating Debt.-The liability of the State of Uttar Pradesh in respect of any floating loan to provide short-term finance to any commercial undertaking shall be the liability of the State in whose territories the undertaking is located.


51.Refund of taxes collected in excess.


51. Refund of taxes collected in excess.-The liability of the existing State of Uttar Pradesh to refund any tax or duty on property, including land revenue, collected in excess shall be the liability of the successor State in whose territories the prope ty is situated, and the liability of the existing State of Uttar Pradesh to refund any other tax or duty collected in excess shall be the liability of the successor State in whose territories the place of assessment of that tax or duty is included.


52.Deposits, etc.


52. Deposits, etc.-(1) The liability of the existing State of Uttar
Pradesh in respect of any civil deposit or local fund deposit shall, as from the appointed day, be the liability of the State in whose area the deposit has been made.

(2) The liability of the existing State of Uttar Pradesh in respect of any charitable or other endowment shall, as from the appointed day, be the liability of the State in whose area the institution entitled to the benefit of the endowment is located or of the State to which the objects of the endowment, under the terms thereof, are confined.


53.Provident Fund.


53. Provident Fund.-The liability of the existing State of Uttar
Pradesh in respect of the provident fund account of a Government servant in service on the appointed day shall, as from that day, be the liability of the State to which that Government ser ant is permanently allotted.


54.Pensions.


54. Pensions.-The liability of the existing State of Uttar Pradesh in respect of pensions shall pass to, or be apportioned between, the successor States of Uttar Pradesh and Uttaranchal in accordance with the provisions contained in the Eighth Schedule o this Act.


55.Contracts.


55. Contracts.-(1) Where, before the appointed day, the existing
State of 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 ex cutive power-

(a) if the purposes of the contract are, on and from the appointed day, exclusive purposes of either of the successor States of Uttar
Pradesh and Uttaranchal; and

(b) in any other case, of the State of Uttar Pradesh, and all rights and liabilities which have accrued, or may accrue under any such contract shall, to the extent to which they would have been rights or liabilities of the existing State of Uttar Pradesh, be rights or liabilities of the State of Uttaranchal or the State of Uttar Pradesh, as the case may be:

Provided that in any such case as is referred to in clause (b), the initial allocation of rights and liabilities made by this sub-section shall be subject to such financial adjustment as may be agreed upon between the successor States of Uttar Pradesh a d Uttaranchal or in default of such agreement, as the Central Government may, by order, direct.

(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 obligation; and bank balances and securities shall, notwithstanding that the partake of the nature of contractual rights, be dealt with under those provisions.


56.Liability in respect of actionable wrong.


56. Liability in respect of actionable wrong.-Where, immediately before the appointed day, the existing State of Uttar Pradesh is subject to any liability in respect of any actionable wrong other than breach of contract, that liability shall,-

(a) if the cause of action arose wholly within the territories which, as from that day, are the territories of either of the successor
States of Uttar Pradesh or Uttaranchal, be a liability of that successor State; and

(b) in any other case, be initially a liability of the State of Uttar
Pradesh, but subject to such financial adjustment as may be agreed upon between the States of Uttar Pradesh and Uttaranchal or, in default of such agreement, as the Central Government ay, by order, direct.


57.Liability as guarantor.


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

(a) if the area of operations of such society or persons is limited to the territories which, as from that day, are the territories of either of the States of Uttar Pradesh or Uttaranchal, be a liability of that successor State; and

(b) in any other case, be initially a liability of the State of Uttar
Pradesh, subject to such financial adjustment as may be agreed upon between the States of Uttar Pradesh and Uttaranchal or, in default of such agreements, as the Central Government may by order, direct.


58.Items in suspense.


58. Items in suspense.-If any item in suspense is ultimately found to affect an asset 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.


59.Residuary provision.


59. Residuary provision.-The benefit or burden of any asset or liability of the existing State of Uttar Pradesh not dealt with in the foregoing provisions of this Part shall pass to the State of Uttar
Pradesh in the first instance, subject to such financ al adjustment as may be agreed upon between the States of Uttar Pradesh and Uttaranchal or, in default of such agreement, as the Central Government may, by order, direct.


60.

Apportionment of assets or liabilities by agreement.


60. Apportionment of assets or liabilities by agreement.-Where the successor States of Uttar Pradesh and Uttaranchal agree that the benefit or burden of any particular asset or liability should be apportioned between them in a manner other than that prov ded for in the foregoing provisions of this Part, notwithstanding anything contained therein, the benefit or burden of that asset or liability shall be apportioned in the manner agreed upon.


61.Power of Central Government to order allocation or adjustment incertain cases.


61. Power of Central Government to order allocation or adjustment in certain cases.-Where, by virtue of any of the provisions of this Part, any of the successor States of Uttar Pradesh and Uttaranchal becomes entitled to any property or obtains any bene its or becomes subject to any liability, and the Central Government is of opinion, on a reference made within a period of three years from the appointed day by either of the States, that it is just and equitable that property or those benefits should be ransferred to, or shared with, the other successor State, or that a contribution towards that liability should be made by the other successor State, the said property or benefits shall be allocated in such manner between the two States, or the other
Stat 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.


62.Certain expenditure to be charged on Consolidated Fund.


62. Certain expenditure to be charged on Consolidated Fund.-All sums payable either by the State of Uttar Pradesh or by the State of
Uttaranchal to the other States or by the Central Government to either of those States, by virtue of the provisions of th s Act, shall be charged on the Consolidated Fund of the State by which such sums are payable or, as the case may be, the Consolidated Fund of India.


PART

PROVISIONS AS TO CERTAIN CORPORATIONS
Last updated on May, 2015
Title : THE UTTAR PRADESH REORGANISATION ACT, 2000

Year : 1962




PART VI

APPORTIONMENT OF ASSETS AND LIABILITIES


42.Application of Part.


42. Application of Part.-(1) The provisions of this Part shall apply in relation to the apportionment of the assets and liabilities of the existing State of Uttar Pradesh immediately before the appointed day.

(2) The successor States shall be entitled to receive benefits arising out of the decisions taken by the predecessor State and the successor
States shall be liable to bear the financial liabilities arising out of the decisions taken by the existing State of Uttar Pradesh.

(3) The apportionment of assets and liabilities would be subject to such financial adjustment as may be necessary to secure just, reasonable and equitable apportionment of the assets and liabilities amongst the successor States.

(4) Any dispute regarding the amount of financial assets and liabilities shall be settled through mutual agreement, failing which by order by the Central Government on the advice of the Comptroller and Auditor-General of India.


43.Land and goods.


43. Land and goods.-(1) Subject to the other provisions of this Part, all land and all stores, articles and other goods belonging to the existing State of Uttar Pradesh shall,-

(a) if within the transferred territory, pass to the State of
Uttaranchal; or

(b) in any other case, remain the property of the State of Uttar
Pradesh:

Provided that where the Central Government is of opinion that any goods or class of goods should be distributed among the States of
Uttar Pradesh and Uttaranchal, otherwise than according to the situation of the goods, the Central Government may issue su h directions as it thinks fit for a just and equitable distribution of the goods and the goods shall pass to the successor States accordingly:

Provided further that in case of any dispute relating to the distribution of any goods or class of goods under this sub-section, the Central Government shall endeavour to settle such dispute through mutual agreement arrived at between the Governments of he successor
States for that purpose, failing which the Central Government may, on request by any of the Governments of the successor States, after consulting both the Governments of the successor States, issue such direction as it may deem fit for the d stribution of such goods or class of goods, as the case may be, under this sub-section.

(2) Stores held for specific purposes, such as use or utilisation in particular institutions, workshops or undertakings or on particular works under construction, shall pass to the successor States in whose territories such institutions, workshops, under akings or works are located.

(3) Stores relating to the Secretariat and offices of Heads of
Departments having jurisdiction over the whole of the existing State of Uttar Pradesh shall be divided between the successor States in accordance with such directions as the Central Governmen may, after consultation with the Government of each successor States, think fit to issue for a just and equitable distribution of such stores.

(4) Any other unissued stores of any class in the existing State of
Uttar Pradesh shall be divided between the successor States in proportion to the total stores of that class purchased in the period of three years prior to the appointed day, for the ter itories of the existing State of Uttar Pradesh included respectively in each of the successor States:

Provided that where such proportion cannot be ascertained in respect of any class of stores or where the value of any class of such stores does not exceed rupees ten thousand, that class of stores shall be divided between the successor States according t the population ratio.

(5) In this section, the expression "land includes immovable property of every kind and any rights in or over such property, and the expression "goods does not include coins, bank notes and currency notes.


44.Treasury and bank balances.


44. Treasury and bank balances.-The total of the cash balances in all treasuries of the State of Uttar Pradesh and the credit balances of the State with the Reserve Bank of India, the State Bank of India or any other bank immediately before the appointed day shall be divided between the States of Uttar Pradesh and Uttaranchal according to the population ratio:

Provided that for the purposes of such division, there shall be no transfer of cash balances from any treasury to any other treasury and the apportionment shall be effected by adjusting the credit balances of the two States in the books of the Reserve Ba k of India on the appointed day:

Provided further that if the State of Uttaranchal has no account on the appointed day with the Reserve Bank of India, the adjustment shall be made in such manner as the Central Government may, by order, direct.


45.Arrears of taxes.


45. Arrears of taxes.-The right to recover arrears of the tax or duty on property, including arrears of land revenue, shall belong to the successor State in which the property is situated, and the right to recover arrears of any other tax or duty shall b long to the successor
State in whose territories the place of assessment of that tax or duty is included on the appointed day.


46.Right to recover loans and advances.


46. Right to recover loans and advances.-(1) The right of the existing State of Uttar Pradesh to recover any loans or advances made before the appointed day to any local body, society, agriculturist or other person in an area within that State shall belo g to the successor State in which that area is included on that day.

(2) The right of the existing State of Uttar Pradesh to recover any loans or advances made before the appointed day to any person or institution outside that State shall belong to the State of Uttar
Pradesh:

Provided that any sum recovered in respect of any such loan or advance shall be divided between the States of Uttar Pradesh and Uttaranchal according to the population ratio.


47.Investments and credits in certain funds.


47. Investments and credits in certain funds.-(1) The securities held in respect of the investments made from Cash Balances Investment
Account or from any Fund in the Public Account of the existing State of Uttar Pradesh as specified in the Seventh Sched le shall be apportioned in the ratio of population of the successor States:

Provided that the securities held in investments made from the
Calamity Relief Fund of the existing State of Uttar Pradesh shall be divided in the ratio of the area of the territories occupied by the successor States:

Provided further that the balance in the Reserve Funds in the Public
Account of Uttar Pradesh created wholly out of appropriations from the
Consolidated Fund of the existing State of Uttar Pradesh, to the extent the balances have not been invested outsid Government account, shall not be carried forward to similar Reserve Funds in the Public
Account of the successor States.

(2) The investments of the existing State of Uttar Pradesh immediately before the appointed day in any special fund, the objects of which are confined to a local area, shall belong to the State in which that area is included on the appointed day.

(3) The investments of the existing State of Uttar Pradesh immediately before the appointed day in any private, commercial or industrial undertaking, in so far as such investments have not been made or are deemed not to have been made from the Cash Balan es Investment
Account, shall pass to the State in which the principal seat of business of the undertaking is located.

(4) Where any body corporate constituted under a Central Act, State
Act or Provincial Act for the existing State of Uttar Pradesh or any part thereof has, by virtue of the provisions of Part II, become an inter-State body corporate, the investments in, o loans or advances to, any such body corporate by the existing State of Uttar Pradesh made before the appointed day shall, save as otherwise expressly provided by or under this Act, be divided between the States of Uttar
Pradesh and Uttaranchal in the sa e proportion in which the assets of the body corporate are divided under the provisions of this Part.


48.Assets and liabilities of State undertakings.


48. Assets and liabilities of State undertakings.-(1) The assets and liabilities relating to any commercial or industrial undertaking of the State of Uttar Pradesh shall pass to the State in which the undertaking is located.

(2) Where a depreciation reserve fund is maintained by the State of
Uttar Pradesh for any such commercial or industrial undertaking, the securities held in respect of investments made from that fund shall pass to the State in which the undertaking is loc ted.


49.Public Debt.


49. Public Debt.-(1) All liabilities on account of Public Debt and
Public Account of the existing State of Uttar Pradesh outstanding immediately before the appointed day shall be apportioned in the ratio of population of the successor States unless a dif erent mode of apportionment is provided under the provisions of this Act.

(2) The individual items of liabilities to be allocated to the successor States and the amount of contribution required to be made by one successor State to another shall be such as may be ordered by the
Central Government in consultation with the Compt oller and
Auditor-General of India:

Provided that till such orders are issued, the liabilities on account of Public Debt and Public Account of the existing State of Uttar
Pradesh shall continue to be the liabilities of the successor State of
Uttar Pradesh.

(3) The liability on account of loan raised from any source and re-lent by the existing State of Uttar Pradesh to such entities as may be specified by the Central Government and whose area of operation is confined to either of the successor States shall devolve on the respective States as specified in sub-section (4).

(4) The public debt of the existing State of Uttar Pradesh attributable to loan taken from any source for the express purpose of re-lending the same to a specific institution and outstanding immediately before the appointed day shall,-

(a) if re-lent to any local body, body corporate or other institution in any local area, be the debt of the State in which the local area is included on the appointed day; or

(b) if re-lent to the Uttar Pradesh Power Corporation Limited, the
Uttar Pradesh Jal Vidyut Nigam Limited, the Uttar Pradesh Rajya Vidyut
Utpadan Nigam Limited, the Uttar Pradesh State Road Transport
Corporation, or the Uttar Pradesh Housing Board or a y other institution which becomes an inter-State institution on the appointed day, be divided between the States of Uttar Pradesh and Uttaranchal in the same proportion in which the assets of such body corporate or institution are divided under the provi ions of Part VII.

(5) Where a sinking fund or a depreciation fund is maintained by the existing State of Uttar Pradesh for repayment of any loan raised by it, the securities held in respect of investments made from that fund shall be divided between the successor States f Uttar Pradesh and
Uttaranchal in the same proportion in which the total public debt is divided between the two States under this section.

(6) In this section, the expression "Government security" means a security created and issued by a State Government for the purpose of raising a public loan and having any of the forms specified in, or prescribed under, clause (2) of section 2 of the Pu lic Debt Act, 1944.(18 of 1944).


50.

Floating Debt.


50. Floating Debt.-The liability of the State of Uttar Pradesh in respect of any floating loan to provide short-term finance to any commercial undertaking shall be the liability of the State in whose territories the undertaking is located.


51.Refund of taxes collected in excess.


51. Refund of taxes collected in excess.-The liability of the existing State of Uttar Pradesh to refund any tax or duty on property, including land revenue, collected in excess shall be the liability of the successor State in whose territories the prope ty is situated, and the liability of the existing State of Uttar Pradesh to refund any other tax or duty collected in excess shall be the liability of the successor State in whose territories the place of assessment of that tax or duty is included.


52.Deposits, etc.


52. Deposits, etc.-(1) The liability of the existing State of Uttar
Pradesh in respect of any civil deposit or local fund deposit shall, as from the appointed day, be the liability of the State in whose area the deposit has been made.

(2) The liability of the existing State of Uttar Pradesh in respect of any charitable or other endowment shall, as from the appointed day, be the liability of the State in whose area the institution entitled to the benefit of the endowment is located or of the State to which the objects of the endowment, under the terms thereof, are confined.


53.Provident Fund.


53. Provident Fund.-The liability of the existing State of Uttar
Pradesh in respect of the provident fund account of a Government servant in service on the appointed day shall, as from that day, be the liability of the State to which that Government ser ant is permanently allotted.


54.Pensions.


54. Pensions.-The liability of the existing State of Uttar Pradesh in respect of pensions shall pass to, or be apportioned between, the successor States of Uttar Pradesh and Uttaranchal in accordance with the provisions contained in the Eighth Schedule o this Act.


55.Contracts.


55. Contracts.-(1) Where, before the appointed day, the existing
State of 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 ex cutive power-

(a) if the purposes of the contract are, on and from the appointed day, exclusive purposes of either of the successor States of Uttar
Pradesh and Uttaranchal; and

(b) in any other case, of the State of Uttar Pradesh, and all rights and liabilities which have accrued, or may accrue under any such contract shall, to the extent to which they would have been rights or liabilities of the existing State of Uttar Pradesh, be rights or liabilities of the State of Uttaranchal or the State of Uttar Pradesh, as the case may be:

Provided that in any such case as is referred to in clause (b), the initial allocation of rights and liabilities made by this sub-section shall be subject to such financial adjustment as may be agreed upon between the successor States of Uttar Pradesh a d Uttaranchal or in default of such agreement, as the Central Government may, by order, direct.

(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 obligation; and bank balances and securities shall, notwithstanding that the partake of the nature of contractual rights, be dealt with under those provisions.


56.Liability in respect of actionable wrong.


56. Liability in respect of actionable wrong.-Where, immediately before the appointed day, the existing State of Uttar Pradesh is subject to any liability in respect of any actionable wrong other than breach of contract, that liability shall,-

(a) if the cause of action arose wholly within the territories which, as from that day, are the territories of either of the successor
States of Uttar Pradesh or Uttaranchal, be a liability of that successor State; and

(b) in any other case, be initially a liability of the State of Uttar
Pradesh, but subject to such financial adjustment as may be agreed upon between the States of Uttar Pradesh and Uttaranchal or, in default of such agreement, as the Central Government ay, by order, direct.


57.Liability as guarantor.


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

(a) if the area of operations of such society or persons is limited to the territories which, as from that day, are the territories of either of the States of Uttar Pradesh or Uttaranchal, be a liability of that successor State; and

(b) in any other case, be initially a liability of the State of Uttar
Pradesh, subject to such financial adjustment as may be agreed upon between the States of Uttar Pradesh and Uttaranchal or, in default of such agreements, as the Central Government may by order, direct.


58.Items in suspense.


58. Items in suspense.-If any item in suspense is ultimately found to affect an asset 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.


59.Residuary provision.


59. Residuary provision.-The benefit or burden of any asset or liability of the existing State of Uttar Pradesh not dealt with in the foregoing provisions of this Part shall pass to the State of Uttar
Pradesh in the first instance, subject to such financ al adjustment as may be agreed upon between the States of Uttar Pradesh and Uttaranchal or, in default of such agreement, as the Central Government may, by order, direct.


60.

Apportionment of assets or liabilities by agreement.


60. Apportionment of assets or liabilities by agreement.-Where the successor States of Uttar Pradesh and Uttaranchal agree that the benefit or burden of any particular asset or liability should be apportioned between them in a manner other than that prov ded for in the foregoing provisions of this Part, notwithstanding anything contained therein, the benefit or burden of that asset or liability shall be apportioned in the manner agreed upon.


61.Power of Central Government to order allocation or adjustment incertain cases.


61. Power of Central Government to order allocation or adjustment in certain cases.-Where, by virtue of any of the provisions of this Part, any of the successor States of Uttar Pradesh and Uttaranchal becomes entitled to any property or obtains any bene its or becomes subject to any liability, and the Central Government is of opinion, on a reference made within a period of three years from the appointed day by either of the States, that it is just and equitable that property or those benefits should be ransferred to, or shared with, the other successor State, or that a contribution towards that liability should be made by the other successor State, the said property or benefits shall be allocated in such manner between the two States, or the other
Stat 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.


62.Certain expenditure to be charged on Consolidated Fund.


62. Certain expenditure to be charged on Consolidated Fund.-All sums payable either by the State of Uttar Pradesh or by the State of
Uttaranchal to the other States or by the Central Government to either of those States, by virtue of the provisions of th s Act, shall be charged on the Consolidated Fund of the State by which such sums are payable or, as the case may be, the Consolidated Fund of India.


PART

PROVISIONS AS TO CERTAIN CORPORATIONS
Last updated on May, 2015

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