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BOMBAY REORGANISATION ACT, 1960

Ministry of Law and Justice

Act nº 11 of 1960


  • Part I
  • Part 2
  • Part 3
  • Part 4
  • Part 5
  • Part 6
  • Part 7
  • Part 8
  • Part 9
  • Schedules
  • Act nº 11 of 1960

Preamble

THE BOMBAY REORGANISATION ACT, 1960

[Act No. 11 Of 1960]

[25th April, 1960]

PREAMBLE

An Act to provide for the reorganisation of the State of Bombay and for matters connected therewith.

BE. it enacted by Parliament in the Eleventh Year of the Republic of India as follows :

Part I

Section 1. Short title

This Act may be called The Bombay Reorganisation Act, 1960.

Section 2. Definitions

In this Act, unless the context otherwise requires,

(a) "appointed day" means the 1st day of May, 1960;

(b) "article" means an article of the Constitution;

(c) "assembly constituency", "council constituency" and "parliamentary constituency" have the same meanings as in the Representation of the People Act, 1950;

(d) "law" includes any enactment, ordinance, regulation, order, bye-law, rule, scheme, notification or other instrument having immediately before the appointed day, the force of law in the whole or in any part of the State of Bombay;

(e) "notified order" means an order published in the Official Gazette.

(f) "population ratio", in relation to the States of Maharashtra and Gujarat, means the ratio of 66.31 to 33.69.

(g) "sitting member", in relation to either House of Parliament or of the Legislature of the State of Bombay means a person who, immediately before the appointed day, is a member of that House;

(h) "transferred territory" means the territories which, as from the appointed day, are the territories of the State of Gujarat;

(i) "treasury" includes a sub-treasury;

(j) any reference to a district, taluka, village or other territorial division of the State of Bombay shall be construed as a reference to the area comprised within that territorial division as recognised for land revenue purposes on the 1st day of December, 1959.

(h) "transferred territory" means the territories which, as from the appointed day, are the territories of the State of Gujarat;

(i) "treasury" includes a sub-treasury;

(j) any reference to a district, taluka, village or other territorial division of the State of Bombay shall be construed as a reference to the area comprised within that territorial division as recognised for land revenue purposes on the 1st day of December, 1959.

(g) "sitting member", in relation to either House of Parliament or of the Legislature of the State of Bombay means a person who, immediately before the appointed day, is a member of that House;

(h) "transferred territory" means the territories which, as from the appointed day, are the territories of the State of Gujarat;

(i) "treasury" includes a sub-treasury;

(j) any reference to a district, taluka, village or other territorial division of the State of Bombay shall be construed as a reference to the area comprised within that territorial division as recognised for land revenue purposes on the 1st day of December, 1959.

Part 2

Section 3. Formation of Gujarat State

(1) As from the appointed day, there shall be formed a new State to be known as the State of Gujarat comprising the following territories of the State of Bombay, namely:

(a) Banaskantha, Mehsana, Sabarkantha, Ahmedabad, Kaira, Panchmahals, Baroda, Broach, Surat, Dangs, Amreli, Surendrangar, Rajkot, Jamnagar, Junagadh, Bhavnagar and Kutch districts; and

(b) the villages in Umbergaon taluka of Thana district, the villages in Nawapur and Nandurbar talukas of West Khandesh district and villages in Akkalkuwa and Taloda talukas of West Khandesh district, respectively specified in Parts I, II and III of the First Schedule;

and thereupon, the said territories shall cease to form part of the State of Bombay, and the residuary State of Bombay shall be known as the State of Maharashtra.

(2) The villages of Umbergaon taluka specified in Part I of the First Schedule shall form a separate taluka of the same name and be included in Surat district and the remaining villages in the said taluka shall be included in, and form part of, Dahanu taluka of Thana district; and the villages specified in Parts II and III of the First Schedule shall respectively be included in, and form part of, Songadh taluka of Surat district and Sagbara taluka of Broach district.

Section 4. Amendment of the First Schedule to the Constitution

As from the appointed day, in the First Schedule to the Constitution, under the heading "I. The STATES,"

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

"4. Gujarat The territories referred to in sub-section (1) of section 3 of the Bombay Reorganisation Act, 1960.";

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

"8. Maharashtra The territories specified in sub-section (1) of section 8 of the States Reorganisation Act, 1956, but excluding the territories referred to in sub-section (1) of section 3 of the Bombay Reorganisation Act, 1960."; and

(c) entries 8 to 14 shall be renumbered as entries 9 to 15, respectively.

Section 5. Saving powers of State Government

Nothing in the foregoing provisions of this Part shall be deemed to affect the power of the State Government to alter, after the appointed day, the name, extent or boundaries of any district, taluka or village in the State.

Part 3

Section 6. Amendment of the Fourth Schedule to the Constitution

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 inserted, 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.

Section 7. Allocation of sitting members

(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, 1960, as the Chairman of the Council of States shall by order specify shall, as from the appointed day, be 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 the 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.

Section 8. Bye-elections to fill vacancies

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.

Section 9. Term of office

(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 officer 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.

Section 10. Representation in the House of the People

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

(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.

Section 11. Delimitation of parliamentary constituencies

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