Enjoy SmartLeges Premium!

Subscribe to SmartLeges Premium and enjoy the following advantages:

  • Consult as many laws as you need with no additional charge
  • Consult almost any law in several countries with the new advanced search engine. All legislation within reach!
  • Enjoy all SmartLeges functions without restrictions
See the plans

An essential and free application for professionals and students in the legal sector

Read more
 

Sign up for free!

Would you like to consult this and other laws complete?

Sign up for free to consult all the laws of SmartLeges in your mobile phone or tablet, as well as underline text, add notes...

Sign up for free!

Share this law Other laws of India
Email Facebook Twitter Google Linkedin Tumblr

BIHAR REORGANISATION ACT, 2000

Ministry of Law and Justice

Act nº 30 of 2000


  • Part I
  • Part II
  • Part III
  • Part IV
  • Part V
  • Part VI
  • Part VII
  • Part VIII
  • Part IX
  • Part X
  • Schedules
  • Act nº 30 of 2000

Preamble

THE BIHAR REORGANISATION ACT, 2000

[Act, No. 30 of 2000]

[25th August, 2000]

PREAMBLE

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

Be it enacted by Parliament in the Fifty-firstYear of the Republic of India as follows:--

Part I

Section 1. Short title

This Act may be called the Bihar Reorganisation Act, 2000.;

Section 2. Definitions

In this Act, unless the context otherwise requires,--

(a) "appointed day" means the day which the Central Government may, by notification in the Official Gazette, appoint;

(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) "Election Commission" means the Election Commission appointed by the President under article 324;

(e) "existing State of Bihar" means the State of Bihar as existing immediately before the appointed day;

(f) "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 existing State of Bihar;

(g) "notified order" means an order published in the Official Gazette;

(h) "population ratio", in relation to the States of Bihar and Jharkhand, means the ratio of 645.30:218.44;

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

(j) "successor State", in relation to the existing State of Bihar, means the State of Bihar or Jharkhand;

(k) "transferred territory" means the territory which on the appointed day is transferred from the existing State of Bihar to the State of Jharkhand;

(l) "treasury" includes a sub-treasury; and

(m) any reference to a district, tahsil or other territorial division of the existing State of Bihar shall be construed as a reference to the area comprised within that territorial division on the appointed day.

Part II

Section 3. Formation of Jharkhand State

On and from the appointed day, there shall be formed a new State to be known as the State of Jharkhand comprising the following territories of the existing State of Bihar, namely:--

Bokaro, Chatra, Deogarh, Dhanbad, Dumka, Garhwa, Giridih, Godda, Gumla, Hazaribagh, Kodarma, Lohardaga, Pakur, Palamau, Ranchi, Sahebganj, Singhbhum (East) and Singhbhum (West) districts ;

and thereupon the said territories shall cease to form part of the existing State of Bihar.

Section 4. State of Bihar and territorial divisions thereof

On and from the appointed day, the State of Bihar shall comprise the territories of the existing State of Bihar other than those specified in section 3.

Section 5. Amendment of the First Schedule to the Constitution

On and from the appointed day, in the First Schedule to the Constitution, under the heading "I. THE STATES",

(a) in the paragraph relating to the territories of the State of Bihar, the folllowing shall be added at the end, namely:--

"and the territories specified in section 3 of the Bihar Reorganisation Act, 2000";

(b) after entry 27, the following entry shall be inserted, namely:--

"28. Jharkhand: The territories specified in section 3 of the Bihar Reorganisation Act, 2000.".

Section 6. Saving powers of State Governments

Nothing in the foregoing provisions of this Part shall be deemed to affect the power of the Government of Bihar or Jharkhand to alter, after the appointed day, the name, area or boundaries of any district or other territorial division in the State.

Part III

Section 7. Amendment of the Fourth Schedule to the Constitution

On and from the appointed day, in the Fourth Schedule to the Constitution, in the Table,--

(a) entries 4 to 29 shall be renumbered as entries 5 to 30 respectively;

(b) in entry 3, for the figures "22" the figures "16" shall be substituted;

(c) after entry 3, the following entry shall be inserted, namely:--

"4. Jharkhand.................................................................6".

Section 8. Allocation of sitting members

(1) On and from the appointed day, the twenty-two sitting members of the Council of States representing the existing State of Bihar shall be deemed to have been elected to fill the seats allotted to the States of Bihar and Jharkhand, as specified in the First Schedule to this Act.

(2) The term of office of such sitting members shall remain unaltered.

Section 9. Representation in the House of the People

On and from the appointed day, there shall be allocated 40 seats to the successor State of Bihar, and 14 to the successor State of Jharkhand, in the House of the People and in the First Schedule to the Representation of the People Act, 1950, under heading "I. STATES:",--

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

"4. Bihar. 53 7 5 40 7

(b) entries 10 to 25 shall be renumbered as entries 11 to 26 respectively;

(c) after entry 9, the following entry shall be inserted, namely:--

"10. Jharkhand ... .. .. 14 1 5".

Section 10. Delimitation of Parliamentary and Assembly constituencies

On and from the appointed day, the Delimitation of Parliamentary and Assembly Constituencies Order, 1976, shall stand amended as directed in the Second Schedule to this Act

Section 11. Provision as to sitting members

(1) Every sitting member of the House of the People representing a constituency which, on the appointed day by virtue of the provisions of section 10, stands allotted, with or without alteration of boundaries, to the successor State of Bihar or Jharkhand, shall be deemed to have been elected to the House of the People by that constituency as so allotted.

(2) The term of office of such sitting members shall remain unaltered.