[Act No. 40 OF 1956] [1st September, 1956.] An
Act to provide for the transfer of certain territories from Bihar to West
Bengal and for matters, connected therewith. BE
it enacted by Parliament in the Seventh Year of the Republic of India as
follows:-- This
Act may be called The Bihar and West Bengal (Transfer of Territories) Act,
1956. In
this Act, unless the context otherwise requires,-- (a)
"appointed day" means the
1st day of November, 1956; (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)
"law" includes any
enactment, ordinance, regulation, order, bye-law, rule, scheme, notification or
other instrument having the force of law in the whole or in any part of Bihar
or West Bengal; (f)
"notified order" means an
order published in the Official Gazette; (g)
"population ratio" means
such ratio as the Central Government may, by notified order a, specify to be
the ratio between the population as ascertained at the last census of the State
of Bihar excluding the transferred territories and the population as so
ascertained of the transferred territories; (h)
"prescribed" means
prescribed by the rules made under this Act; (i)
"sitting member" in relation
to either House of Parliament or of the Legislature of a State means a person
who, immediately before the appointed day, is a member of that House; (j)
"transferred territories"
means the territories transferred from the State of Bihar to the State of West
bengal by section 3; (k)
"treasury" includes a
sub-treasury. (1)
As from the appointed day, there shall
be added to the State of West Bengal the territories which on the 1st day of
March, 1956, were comprised in- (a)
that portion of Kishanganj subdivision
of Purnea district which lies to the east of the boundary line demarcated in
accordance with the provisions of sub-section (2) by an authority appointed in
this behalf by the Central Government and that portion of Gopalpur than a of
the said district which lies to the east or north, as the case may be, of the
said boundary line; and (b)
Purulia sub-division of Manbhum
district, excluding Chas than a, Chandil than a and Patamda police station of
Barabhum than a; (c)
and the said territories shall
thereupon cease to form part of the State of Bihar. (2)
The boundary line referred to in
sub-section (1) shall be so demarcated as to be generally two hundred yards to
the west of the highway in Purnea district connecting Dalkola, Kishanganj and
Chopra with Siliguri in Darjeeling district and two hundred yards to the south
or south-west of the highway in Purnea district connecting Dalkola and
Karandighi with Raiganj in West Dinajpur district: Provided
that the boundary line shall be so demarcated as not to cut across any village
or town: Provided
further that from the point where the first-mentioned highway meets the
southern boundary of Kishanganj municipality to the point where it leaves the
northern boundary of that municipality, the boundary line shall be the same as
the boundary of that municipality on the east. (3)
The territory specified in clause (a)
of sub-section (1) shall be included in, and form part of, Darjeeling district,
and the territory specified in clause (b) of that sub-section shall form a
separate district to be known as Purulia district within Burdwan division of
the State of West Bengal. (4)
Nothing in sub-section (3) shall be
deemed to affect the power of the State Government to alter after the appointed
day the name, extent and boundaries of any district or division in the State of
West Bengal. As
from the appointed day, in the First Schedule to the Constitution, in Part A,
in the description of the territories of States, -- (a)
after the paragraph relating to the
territory of the State of Assam, the following paragraphs shall be inserted,
namely:-- "The
territory of the State of Bihar shall comprise the territories which
immediately before the commencement of this Constitution were either comprised
in the Province of Bihar or were being administered as if they formed part of
that Province, but shall not include the territories specified in sub-sec. (1)
of section 3 of the Bihar and West Bengal (Transfer of Territories)
Act, 1956. The
territory of the State of West Bengal shall comprise the territories which
immediately before the commencement of this Constitution were either comprised
in the Province of West Bengal or were being administered as if they formed
part of that Province and the territory of Chandernagore as defined in clause
(c) of section 2 of the Chandernagore (Merger) Act, 1954, and also
the territories specified in sub-section (1), of section 3 of the
Bihar and West Bengal (Transfer of Territories) Act, 1956. (b)
in the 1st paragraph, the words,
brackets, letter and figures "and in the case of the State of West Bengal,
shall also comprise the territory of Chandernagore as defined in clause (c)
of section 2 of the Chandernagore (Merger) Act, 1954," shall be
omitted. As
from the appointed day, in the Fourth Schedule to the Constitution in the Table
of Seats for the entries in the second column relating in Bihar and West
Bengal, the entries "22" and "16" shall respectively, be
substituted As soon as may be
after the appointed day, bye-elections shall be held to fill the vacancies
existing on that day in the seats allotted to Bihar and West Bengal. In order that, as
nearly as may be, one-third of the members of the Council of States may retire
on the 2nd day of April, 1958, and on the expiration of every second year thereafter,
the President shall, after consultation with the Election Commission, make by
order such provisions as he thinks fit in regard to the terms of office of the
members elected under section 6. Nothing in section 3
shall be deemed to affect the extent of the constituency of any sitting member
of the existing House of the People from Bihar. The sitting members
of the Legislative Assembly of Bihar representing the Thakurganj, Karandighi,
Para-cum Chas and Barabazar-cum-Chandil constituencies shall, notwithstanding
the reduction in the extent of those constituencies by the transfer of portions
thereof to West Bengal, continue to be members of the Legislative Assembly of
Bihar; and the sitting members of that Assembly representing any other
constituency lying wholly or partly in the transferred territories shall, as
from the appointed day, be deemed to have been elected to the Legislative
Assembly of West Bengal and cease to be members of the Legislative Assembly of
Bihar. The changes in the
composition of the Legislative Assemblies of Bihar and West Bengal under
section 9 shall not affect their duration as provided in clause (1)
of Article 172. (1)
Any reference in the Delimitation of
Council Constituencies (Bihar) Order, 1951, to the State of Bihar, Bhagalpur
division or Chota Nagpur division shall be construed as excluding the
transferred territories from that State or division, as the case may be. (2)
Every sitting member of the
Legislative Council of Bihar representing a council constituency the extent of
which is altered by virtue of sub-section (1) shall, as from the appointed day,
be deemed to have been elected to the said Council by that constituency as so
altered. (1)
Any reference in the Delimitation of
Council Constituencies (West Bengal) Order, 1951, to the State of West Bengal,
Burdwan division or Darjeeling district shall be construed as including the
transferred territories to that State, division or district, as the case may
be. (2)
In the Table appended to the said
Order, in the entry in the second column, against West Bengal West (Graduates)
Constituency, after the word "Bankura", the word "Purulia"
shall be inserted. (3)
Every sitting member of the
Legislative Council of West Bengal representing a council constituency the
extent of which is altered by virtue of sub-section (1) or sub-section (2)
shall, as from the appointed day, be deemed to have been elected to the said
Council by that constituency as so altered. The
number of seats in the House of the People allotted to Bihar and to West Bengal
and the number of seats assigned to the Legislative Assembly of each of those
States by order of the delimitation Commission under the Delimitation
Commission Act, 1952, shall be modified as follows:-- Number of seats in the House of the People Number of seats in the Legislative Assembly Bihar 53 318 West Bengal 36 252 As
soon as may be after the commencement of this Act, the President may, by
notified order, make such modifications in the Constitution (Scheduled Castes)
Order, 1950, and the Constitution (Scheduled Tribes) Order, 1950, as he thinks
fit, having regard to the transfer of territories effected by Section 3. (1)
After the said Orders have been so
modified, the population as at the last census of the Scheduled Castes and of
the Scheduled Tribes in Bihar and West Bengal shall be ascertained or estimated
by the census authority in such manner as may be prescribed and shall be
notified" by that authority in the Gazette of India. (2)
The population figures so notified
shall be taken to be the relevant population figures as ascertained at the last
census and shall supersede any figures previously published. (1)
As soon as may be after the
commencement of this Act, the Central Government shall, by notified order,
appoint an authority— (a)
to determine on the basis of the
population figures notified under section 15 the number of seats to be reserved
for the Scheduled Castes and the Scheduled Tribes of Bihar and of West Bengal
in the House of the People and in the legislative Assembly of each of those
States having regard to the relevant provisions of the Constitution and of this
Act; and (b)
to revise to such extent as may be
necessary or expedient having regard to the said provisions, the orders of the
delimitation Commission made under section 8 of the Delimitation Commission
Act, 1952, with respect to Bihar and West Bengal. (2)
The said authority shall perform its
functions in such manner and shall follow such procedure, as may be prescribed. (1)
Except as hereinafter provided,-- (a)
the jurisdiction of the High Court at
Calcutta shall, as from the appointed day, extend to the transferred
territories; and (b)
the High Court at Patna shall, as from
that day, have no jurisdiction in respect of the transferred territories. (2)
Such proceeding spending in the High
Court at Patna immediately before the appointed day as are certified by the
Chief Justice of that High Court having regard to the place of accrual of the
cause of action and other circumstances to be proceedings which ought to be
heard and decided by the High Court at Calcutta shall, as soon as may be after
such certification, be transferred to the High Court at Calcutta. (3)
Notwithstanding anything contained in
sub-sections (1) and (2),but save as hereinafter provided, the High Court at
Patna shall have, and the High Court at Calcutta shall not have, jurisdiction
to entertain, hear or dispose of appeals, applications for leave to appeal to
the Supreme Court, applications for review and other proceedings, where any
such proceedings seek any relief in respect of any order passed by the High
Court at Patna before the appointed day: Provided
that if, after such proceedings have been entertained by the High Court at
Patna, it appears to the Chief Justice of that High Court that they ought to be
transferred to the High Court at Calcutta, he shall order that they shall be so
transferred and such proceedings shall thereupon be transferred accordingly. (4)
Any order made by the High Court at
Patna-- (a)
before the appointed day in any
proceedings transferred to the High Court at Calcutta by virtue of sub-section
(2) or (b)
in any proceedings with respect to
which the High Court at Patna retains jurisdiction by virtue of sub-section(3),
shall, for all purposes, have effect, not only as an order of the High Court at
Patna, but also as an order made by the High Court at Calcutta. Any person who
immediately before the appointed day is an advocate entitled to practise in the
High Court at Patna and was authorised to appear in any proceedings transferred
from that High Court to the High Court at Calcutta under section 17 shall have
the right to appear in the High Court at Calcutta in relation to those
proceedings. For
the purposes of sections 17 and 18,-- (a)
proceedings shall be deemed to be
pending in the High Court at Patna until that Court has disposed of all issues
between the parties, including any issues with respect to the taxation of the
cost of the proceedings and shall include appeals, applications for leave to
appeal to the Supreme Court, applications for review, petitions for revision
and petitions for writs; (b)
references to a High Court shall be
construed as including references to a Judge or division Court thereof, and
references to an order made by a Court or a Judge shall be construed as
including references to a sentence, judgment or decree passed or made by that
Court or Judge. (1)
As from the appointed day any Act
passed by the Legislature of West Bengal before that day for the appropriation
of any money out of the Consolidated Fund of the State to meet any expenditure
in respect of any part of the financial year 1956-57 shall have effect also in
relation to the transferred territories, and it shall be lawful for the State
Government to spend any amount in those territories out of the amount
authorised by such Act to be expended for any service in that State. (2)
The Governor of West Bengal may, after
the appointed day, authorise such expenditure from the Consolidated Fund of the
State as he deems necessary for any purpose or service in the transferred
territories for any period not extending beyond the 31st clay of March, 1957. Section 3 of
the Union Duties of Excise (Distribution) Act,1953, and paragraphs 3, 4 and 5
of the Constitution (Distribution of Revenues) Order, 1953 shall, in respect of
the financial year 1956-57 have effect subject to such modifications as the
President may, by notified order, specify, having regard to the transfer of
territories effected by section 3 of this Act. (1)
Subject to the other provisions of
this Part, all land and all stores, articles and other goods in the transferred
territories belonging to the State of Bihar shall, as from the appointed day,
pass to the State of West Bengal. (2)
Any unissued stores of any class in
Bihar shall be divided between West Bengal and Bihar in proportion to the total
indents for stores of that class made in the period of three years ending with
the 31st day of March, 1956 for the transferred territories and for the rest of
Bihar. Provided
that nothing in this sub-section shall apply to stores held for specific
purposes such as use or utilisation in particular institutions, workshops or
undertakings or on particular works under construction. (3)
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. The
total of the cash balances in all treasuries of Bihar and the credit balances
of Bihar with the Reserve Bank of India immediately before the appointed day
shall be divided between that State and West Bengal 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 he
effected by adjusting the credit balances of Bihar and West Bengal in the books
of the Reserve Bank of India on the appointed day. The right of Bihar
to recover arrears of any tax or duty on property situate in the transferred
territories, including land revenue, shall belong to West Bengal and the right
of Bihar to recover arrears of any other tax or duty in any case where the
place of assessment of that tax or duty is in the transferred territories shall
also belong to West Bengal, The right to recover
any loans or advances made before the appointed day by Bihar to any local body,
society, agriculturist or other person in the transferred territories shall
belong to West Bengal. The investments in
the cash balance investments account, the famine relief fund and the general
fund of Bihar and the sums at the credit of Bihar in the central road fund
shall be divided between Bihar and West Bengal according to the population
ratio; and the investments in any special fund the objects of which are
confined to the transferred territories or any part thereof shall pass to West
Bengal. (1)
The assets and liabilities relating to
any commercial or industrial undertaking of Bihar located in the transferred
territories shall pass to West Bengal. (2)
Where a depreciation reserve fund is
maintained by Bihar for any such commercial or industrial undertaking, the
securities held in respect of investments made from that fund shall also pass
to West Bengal. (1)
The public debt of Bihar attributable
to loans raised by the issue of Government securities and outstanding with the
public immediately before the appointed day shall continue to be the debt of
Bihar; Provided
that--- (a)
West Bengal shall be liable to pay to
Bihar a share of the sums due from time to time for the servicing and repayment
of the public debt; and (b)
for the purpose of determining the
said share, the said debt shall be deemed to be divided between Bihar and West
Bengal as if it were a debt referred to in sub-section (2). (2)
The public debt of Bihar attributable
to loans taken from the Central Government, the Reserve Bank of India or any
other bank before the appointed day shall be divided between Bihar and West
Bengal in proportion to the total expenditure on ail capital works and other
capital outlays incurred up to the appointed day in the territories of Bihar
excluding the transferred territories and in the transferred territories,
respectively: Provided
that for the purposes of such division, only expenditure on assets for which
capital accounts have been kept shall be taken into account. (3)
Where a sinking fund or depreciation
fund is maintained by Bihar for the repayment for any loan raised by it, the
securities held in respect of investments made from that fund shall be divided
between Bihar and West Bengal in the same proportion as the public debt referred
to in sub-sec. (2). (4)
In this section, the expression
"Government security means a security created and issued for the purpose
of raising a public loan and having any of the forms specified or prescribed
under clause (2) of section 2 of the Public Debt Act, 1944. The liability of
Bihar to refund any tax or duty on property situate in the transferred
territories, including land revenue, collected in excess shall be the liability
of West Bengal and the liability of Bihar to refund any other tax or duty
collected in excess in any case where the place of assessment of that tax or
duty is in the transferred territories shall also be the liability of West
Bengal. The liability of
Bihar in respect of any civil deposit or local fund deposit made in the
transferred territories shall, as from the appointed day, be the liability of
West Bengal. The liability of
Bihar in respect of the provident fund account of any Government servant who,
being in service on the appointed day, is permanently allotted to West Bengal
shall, as from that day, be the liability of West Bengal. The liability of
Bihar in respect of pensions shall be apportioned between that State and West
Bengal in accordance with the provisions contained in the Schedule. (1)
Where, before the appointed day, the
State of Bihar 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 executive power - (a)
of Bihar, if the purposes of the
contract are, as from the appointed day, exclusively purposes of that State; (b)
of West Bengal, if the purposes of the
contract are as from that day, exclusively purposes of that State; and (c)
of Bihar, in any other case; 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 Bihar, be rights or liabilities of Bihar or of West Bengal, as
the case may be: Provided
that in any such case as is referred to in clause (c), 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 two States, 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 obligations,
and bank balances and securities shall, notwithstanding that they partake of
the nature of contractual rights, be dealt with under those provisions. Where,
immediately before the appointed day, Bihar is subject to any liability in
respect of actionable wrong other than breach of contract, that liability
shall,-- (a)
if the cause of action arose wholly
within the transferred territories, be a liability of West Bengal; (b)
if the cause of action arose wholly
within the territories of Bihar excluding the transferred territories, be a
liability of Bihar; and (c)
in any other case, be initially a
liability of Bihar, but subject to such financial adjustment as may be agreed
upon between that State and West Bengal, or in default pf such agreement, as
the Central Government may by order direct. Where,
immediately before the appointed day, Bihar is liable as guarantor in respect
of any liability of a registered co-operative society, that liability shall-- (a)
if the area of the society's
operations is limited to the transferred territories, be a liability of West
Bengal; and (b)
in any other case, continue to be a
liability of Bihar. 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. Where either Bihar
or West Bengal becomes entitled to any property or obtains any benefits or
becomes subject to any liability and the Central Government, on a reference
made within a period of three years from the appointed day by either of the
States, is of opinion that it is just and equitable that that property or those
benefits should be transferred to, or shared with, the other State or that a
contribution towards that liability should be made by the other State, the said
property or benefits shall be allocated in such manner between the two States,
or the other State shall make to the State subject to the liability of such
contribution in respect thereof, as the Central Government may, after
consultation with the two State Governments, by order determine. All sums payable by
either Bihar or West Bengal to the other State by virtue of the provisions of
this Part shall be charged on the Consolidated Fund of the State by which such
sums are payable. (1)
As from the appointed day, the
Financial Corporations constituted under the State Financial Corporations Act,
1951, for the States of Bihar and West Bengal shall be deemed to have been
constituted for those States with their areas as altered by the provisions of
section 3. (2)
Bihar shall be liable to pay to West
Bengal on account of its share of the paid-up capital of the Bihar State
Financial Corporation such amount as the Central Government may by order
determine. (1)
Notwithstanding anything contained in
section 63 of the Motor Vehicles Act, 1939, a permit granted by the State
Transport Authority of Bihar or by any Regional Transport Authority in Bihar
shall, if such permit was immediately before the appointed day valid and
effective in any area within the transferred territories, be deemed to continue
to be valid and effective in that area after that day subject to the provisions
of that Act as for the time being in force in that area; and it shall not be
necessary for any such permit to be countersigned by the State Transport
Authority of West Bengal or by any Regional Transport Authority in West Bengal
for the purpose of validating it for use in such area: Provided
that the Central Government may, after consultation with the State Governments,
add to, amend or vary the conditions attached to the permit by the authority by
which the permit was granted. (2)
No toll, entrance fee or other charge
of a like nature shall be levied after the appointed day in respect of any
transport vehicle for its operations in the transferred territories under any
such permit, if such vehicle was immediately before that day exempt from the
payment of any such toll, entrance fee or other charge for its operations
beyond the boundaries of Bihar: Provided
that the Central Government may, after consultation with both the State
Governments, authorise the levy of any such toll, entrance fee or other charge,
as the case may be. (1)
Every person who immediately before
the appointed day is serving in connection with the affairs of Bihar shall, as
from that day, continue so to serve, unless he is required by general or
special order of the Central Government to serve provisionally in connection
with the affairs of West Bengal. (2)
As soon as may be after the appointed
day, the Central Government shall by general or special order determine the
State to which every person provisionally allotted to West Bengal shall be
finally allotted for service and the date from which such allotment shall take
effect or be deemed to have taken effect. (3)
Every person who is finally allotted
under the provisions of sub-section (2) to Bihar or West Bengal shall, if he is
not already serving therein, be made available for serving in that State from
such date as may be agreed upon between the two State Governments and in
default of such agreement, as may be determined by the Central Government. (4)
Nothing in this section shall be
deemed to affect after the appointed day the operation of the provisions of
Chapter I of Part XIV of the Constitution in relation to the determination of
the conditions of service of persons serving in connection with the affairs of
Bihar or of West Bengal: Provided
that the conditions of service applicable immediately before the appointed day
to the case of any person provisionally or finally allotted to West Bengal
under this section shall not be varied to his disadvantage except with the
previous approval of the Central Government. (5)
The Central Government may at any time
before or after the appointed day give such directions to either State
Government as may appear to it to be necessary for the purpose of giving effect
to the foregoing provisions of this section and the State Government shall
comply with such directions. Every
person who, immediately before the appointed day, is holding or discharging the
duties of any post or office in connection with the affairs of Bihar in any
area within the transferred territories shall continue to hold the same post or
office in West Bengal, and shall be deemed as from that day to have been duly
appointed to that post or office by the Government of, or other appropriate
authority in, West Bengal: Provided
that nothing in this section shall be deemed to prevent a competent authority,
after the appointed day, from passing in relation to any such person any order
affecting his continuance in such post or office. The provisions of
section 3 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,
arid territorial references in any such law to Bihar or West Bengal 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 Bihar or
West Bengal, 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
authority or competent legislature. Explanation.--
In this section, the expression "appropriate Government" means as
respects any law relating to a matter enumerated in the Union List the Central
Government, and as respects any other law, the State Government Notwithstanding that
no provision or insufficient provision has been made 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 Bihar or West Bengal, 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. The Government of
West Bengal 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 in
any part of the transferred territories as may be mentioned in that
notification, and such law shall have effect accordingly. Where, immediately
before the appointed day, the State of Bihar is a party to any legal
proceedings with respect to any property rights or liabilities transferred to
the State of West Bengal under this Act, that State shall be deemed to be
substituted for the State of Bihar as a party to those proceedings, or added as
a party thereto, as the case may be, and the proceedings may continue
accordingly. (1)
Every proceeding pending immediately
before the appointed day before a Court (other than a High Court), tribunal,
authority or officer:-- (a)
in any area which on that day remains
within Bihar shall, if it is a proceeding relating exclusively to any part of
the transferred territories, stand transferred to the corresponding Court,
tribunal authority or Officer in West Bengal; and (b)
in any area which on that day falls
within the transferred territories shall, if it is a proceeding relating
exclusively to any part of the territories remaining within Bihar, stand
transferred to the corresponding Court, tribunal, authority or officer in that
State. (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 before 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 means-- (i)
the Court, tribunal, authority or
officer 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 as may be determined after the
appointed day by the Government of that State, or before the appointed day by
the Government of Bihar, to be the corresponding Court, tribunal authority or
officer. Any person who,
immediately before the appointed day, is enrolled as a pleader entitled to
practise in any subordinate Courts in the transferred territories 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 West Bengal. 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 provision which appear 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. [1][(2) 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 aforesaid,
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.] THE
SCHEDULE (Sec
section 32) APPORTIONMENT
OF LIABILITY IN RESPECT OF PENSIONS 1.
Subject to the adjustments mentioned
in paragraph 3, each of the States of Bihar and West Bengal shall, in respect of
pensions granted by Bihar before the appointed day, 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 Bihar 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 Bihar. 3.
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 respect of pensions referred to in paragraphs 1 and 2, that total,
representing the liability of Bihar in respect of pensions shall be apportioned
between Bihar and West Bengal in the population ratio, and the State paying
more than its due share shall be reimbursed the excess amount by the other
State. 4.
(1) The liability in respect of the
pension of any officer serving immediately before the appointed day in
connection with the affairs of Bihar, and retiring on or after that day, shall
be the liability of the State which grants him 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 Bihar shall be allocated
between Bihar and West Bengal in the population ratio, and the Government which
grants the pension shall be entitled to receive from the other Government its
share of this liability. (2)
If any such officer was serving after the appointed day for some period in
connection with the affairs of Bihar and for some period in connection with the
affairs of West Bengal, the Government other than the one granting the pension
shall reimburse to the Government by which the person is granted an amount
which bears to the portion of the pension uttributable to his service after the
appointed day the same ratio as the period of his qualifying service after the
appointed day under the reimbursing State bears to the total qualifying service
after the appointed day reckoned for the purposes of pension. 5.
Any reference in this Schedule to a
pension shall be construed as including a reference to the commuted value of
the pension. [1] Substituted
for sub-sec (2) by the Delegated Legislation Provisions (Amendment)
Act (4 of 1986), Section 2, Sch. (15-5-1986).THE BIHAR
AND WEST BENGAL (TRANSFER OF TERRITORIES) ACT, 1956
PREAMBLE
Section 19 – Interpretation.