The Bombay Reorganisation Act, 1960
# THE BOMBAY REORGANISATION ACT, 1960


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# ARRANGEMENT OF SECTIONS

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PART I


PRELIMINARY


SECTIONS

1. Short title.

2. Definitions.


PART II


REORGANISATION OF BOMBAY STATE


3. Formation of Gujarat State.

4. Amendment of the First Schedule to the Constitution.

5. Saving powers of State Government.


PART III


REPRESENTATION IN THE LEGISLATURES


_The Council of States_


6. Amendment of the Fourth Schedule to the Constitution.

7. Allocation of sitting members.

8. Bye-elections to fill vacancies.

9. Term of office.

_The House of the People_

10. Representation in the House of the People.

11. Delimitation of parliamentary constituencies.

12. Provision as to sitting members.

_The Legislative Assemblies_

13. Strength of Legislative Assemblies.

14. Delimitation of assembly constituencies.

15. Allocation of members.

16. Duration of Legislative Assemblies.

17. Speakers and Deputy Speakers.

18. Rules of procedure.

19. Special provisions in relation to Gujarat Legislative Assembly.

_The Legislative Council_

20. Amendment of article 168 of the Constitution.

21. Legislative Council of Maharashtra.

22. Council constituencies.

23. Provision as to certain sitting members.

24. Special provision as to biennial elections.


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SECTIONS

25. Chairman and Deputy Chairman.

_Scheduled Castes and Scheduled Tribes_

26. Amendment of the Scheduled Castes Order.

27. Amendment of the Scheduled Tribes Order.


PART IV


HIGH COURTS


28. High Court for Gujarat.

29. Judges of Gujarat High Court.

30. Jurisdiction of Gujarat High Court.

31. [Repealed.]

32. Practice and procedure in Gujarat High Court.

33. Custody of seal of Gujarat High Court.

34. Form of writs and other processes.

35. Powers of Judges.

36. Procedure as to appeals to Supreme Court.

37. Transfer of proceeding from Bombay High Court to Gujarat High Court.

38. Right to appear or to act in proceedings transferred to Gujarat High Court.

39. Interpretation.

40. Savings.

41. Permanent Bench of Bombay High Court at Nagpur.


PART V


AUTHORISATION OF EXPENDITURE


42. Authorisation of expenditure of Gujarat State.

43. Reports relating to accounts of Bombay State.

44. Allowances and privileges of Governor of Gujarat.

45. Distribution of revenues.


PART VI


APPORTIONMENT OF ASSETS AND LIABILITIES


46. Application of Part.

47. Land and goods.

48. Treasury and bank balances.

49. Arrears of taxes.

50. Right to recover loans and advances.

51. Credits in certain funds.

52. Special Revenue Reserve Fund in Gujarat.

53. Assets and liabilities of State undertakings.

54. Public debt.


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SECTIONS

55. Floating Debt.

56. Refund of taxes collected in excess.

57. Deposits, etc.

58. Provident fund.

59. Pensions.

60. Contracts.

61. Liability in respect of actionable wrong.

62. Liability as guarantor.

63. Items in suspense.

64. Residuary provision.

65. Apportionment of assets or liabilities by agreement.

66. Power of Central Government to order allocation or adjustment in certain cases.

67. Certain expenditure to be charged on Consolidated Fund.


PART VII


PROVISIONS AS TO CERTAIN CORPORATIONS


68. Provisions as to Bombay State Electricity Board and State Warehousing Corporation.

69. Continuance of arrangements in regard to generation and supply of electric power and supply of

water.

70. Provisions as to Bombay State Financial Corporation.

71. Amendment of Act 64 of 1950.

72. Special provision for Bar Council of Gujarat.
73. Amendment of Act 6 of 1942.

74. General provision as to statutory corporations.

75. Amendment of Act 38 of 1957.

76. Temporary provisions as to continuance of certain existing road transport permits.
77. Special provision relating to retrenchment compensation in certain cases.

78. Special provision as to income-tax.

79. Continuance of facilities in certain State institutions.


PART VIII


PROVISIONS AS TO SERVICES


80. Provisions relating to All-India Services.

81. Provisions relating to other services.

82. Provisions as to continuance of officers in same post.

83. Power of Central Government to give directions.

84. Provisions as to Bombay Public Service Commission.


PART IX


LEGAL AND MISCELLANEOUS PROVISIONS


85. Amendment of article 371 of the Constitution.

86. Amendment of Act 37 of 1956.


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SECTIONS

87. Territorial extent of law’s.

88. Power to adapt laws.

89. Power to construe laws.

90. Power to name authorities, etc., for exercising statutory functions.

91. Legal proceedings.

92. Transfer of pending proceedings.

93. Right of pleaders to practise in certain cases.

94. Effect of provisions of the Act inconsistent with other laws

95. Power to remove difficulties.

96. Power to make rules.


THE FIRST SCHEDULE.


THE SECOND SCHEDULE.


THE THIRD SCHEDULE.


THE FOURTH SCHEDULE.

THE FIFTH SCHEDULE.

THE SIXTH SCHEDULE.


THE SEVENTH SCHEDULE.


THE EIGHTH SCHEDULE.


THE NINTH SCHEDULE.

THE TENTH SCHEDULE.


THE ELEVENTH SCHEDULE.


THE TWELFTH SCHEDULE.


THE THIRTEENTH SCHEDULE.


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# THE BOMBAY REORGANISATION ACT, 1960


# ACT NO. 11 OF 1960



[25th April, 1960.]

# 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


PRELIMINARY


**1. Short title.—This Act may be called the Bombay Reorganisation Act, 1960.**

**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 meaning as in the Representation of the People Act, 1950 (43 of 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.


PART II


REORGANISATION OF BOMBAY STATE


**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, Panch-mahals, Baroda, Broach,

Surat, Dangs, Amreli, Surendranagar, 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 the 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.


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(2) The villages in 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.

**4. Amendment of the First Schedule to the Constitution.—As from the appointed day, in the First**

Schedule to the Constitution, under the heading “1. 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.


**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 III


REPRESENTATION IN THE LEGISLATURES


_The Council of States_


**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 substituted, 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.


**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 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.


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**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.

**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.


_The House of the People_


**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 (43 of 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.


**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.

**12. Provision as to sitting members.—Every sitting member of the House of the People representing**

a constituency which, on the appointed day, by virtue of the provisions of section 11, stands allotted, with
or without alteration of boundaries, to the State of Maharashtra or to the State of Gujarat, shall be deemed
to have been elected to the House of the People by that constituency as so allotted.

_The Legislative Assemblies_

**13. Strength of Legislative Assemblies.—As from the appointed day, the total number of seats**

to be filled by persons chosen by direct election in the Legislative Assemblies of Maharashtra and Gujarat
shall be 264 and 132 respectively, and in the Second Schedule to the Representation of the People
Act, 1950 (43 of 1950)—


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


“4. Gujarat       .   . 132”;


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


“8. Maharashtra   .   . 264”; and


(c) entries 8 to 13 shall be renumbered as entries 9 to 14 respectively.


**14. Delimitation of assembly constituencies.—As from the appointed day, the Second Schedule to**

the Delimitation of Parliamentary and Assembly Constituencies Order, 1956, shall stand amended as
directed in the Fourth Schedule to this Act.

**15. Allocation of members.—(1) Every sitting member of the Legislative Assembly of Bombay**

representing a constituency which on the appointed day by virtue of the provisions of section 14 stands
transferred, whether with or without alteration of boundaries, to the State of Gujarat shall, as from that
day, cease to be a member of the Legislative Assembly of Bombay and shall be deemed to have been
elected to the Legislative Assembly of Gujarat by that constituency as so transferred.


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(2) All other sitting members of the Legislative Assembly of Bombay shall become members of the

Legislative Assembly of Maharashtra and any such sitting member representing a constituency the extent
or the name and extent of which are altered by virtue of the provisions of section 14 shall be deemed to
have been elected to the Legislative Assembly of Maharashtra by that constituency as so altered.

(3) The sitting member of the Legislative Assembly of Bombay nominated to that Assembly under

article 333 to represent the Anglo-Indian community shall be deemed to have been nominated to represent
the said community in the Legislative Assembly of Maharashtra under that article.

**16. Duration of Legislative Assemblies.—The period of five years referred to in clause (1) of**

article 172 of the Constitution shall, in the case of the Legislative Assembly of Maharashtra or Gujarat, be
deemed to have commenced on the date on which it actually commenced in the case of the Legislative
Assembly of Bombay.

**17. Speakers and Deputy Speakers.—(1) The persons who immediately before the appointed day**

are the Speaker and Deputy Speaker of the Legislative Assembly of Bombay shall be the Speaker and
Deputy Speaker respectively of the Legislative Assembly of Maharashtra.

(2) As soon as may be after the appointed day, the Legislative Assembly of Gujarat shall choose two

members of that Assembly to be respectively Speaker and Deputy Speaker thereof and until they are so
chosen, the duties of the office of Speaker shall be performed by such member of the Assembly as the
Governor may appoint for the purpose.

**18. Rules of procedure.—The rules as to procedure and conduct of business in force immediately**

before the appointed day with respect to the Legislative Assembly of Bombay shall, until rules are made
under clause (1) of article 208, have effect in relation to the Legislative Assembly of Maharashtra or of
Gujarat, subject to such modifications and adaptations as may be made therein by the Speaker thereof.

**19. Special provisions in relation to Gujarat Legislative Assembly.—(1) The total number of seats**

in the Legislative Assembly of Gujarat to be filled by persons chosen by direct election on the expiration
of the duration of that Assembly under section 16 or on its dissolution shall be increased from 132 to 154;
and accordingly, as from the date of such expiration or dissolution, in the Second Schedule to the
Representation of the People Act, 1950 (43 of 1950), in entry 4, for the figures “132”, the figures “154”
shall be substituted.

(2) For the purpose of giving effect to the provisions of sub-section (1), the Election Commission

shall determine in the manner hereinafter provided—

(a) the number of seats to be reserved for the scheduled castes and the scheduled tribes of the

State in the Legislative Assembly, having regard to the relevant provisions of the Constitution;

1[(b) the assembly constituencies into which the State shall be divided, the extent of each of such

constituencies and in which of them seats shall be reserved for the scheduled castes or for the
scheduled tribes; and]

(c) the adjustments in the boundaries and description of the extent of the parliamentary

constituencies in the State that may be necessary or expedient.


2[(3) In determining the matters referred to in clauses (b) and (c) of sub-section (2), the Election

Commission shall have regard to the following provisions, namely:—


(a) all the constituencies shall be single-member constituencies;


(b) all the constituencies shall, as far as practicable, be geographically compact areas and in

delimiting them regard shall be had to physical features, existing boundaries of administrative units,
facilities of communication and public convenience; and

1. Subs. by Act 1 of 1961, s. 6, for clause (b) (w.e.f. 9-3-1961).
2. Subs. by s. 6, ibid., for sub-section (3) (w.e.f. 9-3-1961).


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(c) constituencies in which seats are reserved either for the scheduled castes or for the scheduled

tribes shall, as far as practicable, be located in the areas in which the population of the scheduled
castes or, as the case may be, of the scheduled tribes is most concentrated, but in regard to scheduled
castes, care should be taken to distribute the reserved seats in different areas of the State.]

(4) For the purpose of assisting the Election Commission in the performance of its functions under

sub-section (2), the Commission shall associate with itself such five persons as the Central Government
shall by order specify, being persons who are members either of the Legislative Assembly of the State or
of the House of the People representing the State:

Provided that none of the said associate members shall have a right to vote or to sign any decision of

the Election Commission.


(5) The Election Commission shall—


(a) publish its proposals in regard to matters mentioned in sub-section (2) in the Official Gazette

of the State together with a notice specifying the date on or after which the proposals will be further
considered by it;

(b) consider all objections and suggestions which may have been received by it before the date so

specified, and for the purpose of such consideration, hold one or more public sittings at such place or
places as it thinks fit;

(c) make an order revising to such extent as may be necessary or expedient the Schedules to the

Delimitation of Parliamentary and Assembly Constituencies Order, 1956, in so far as they relate to
the State; and

(d) send authenticated copies of the order to the Central Government and to the State

Government.

(6) As soon as may be after the said order is received by the Central Government or the State

Government, it shall be laid before the House of the People or, as the case may be, the Legislative
Assembly of the State.

(7) An order made by the Election Commission under this section shall have the full force of law and

shall not be called in question in any court.


_The Legislative Council_


**20. Amendment of article 168 of the Constitution.—As from the appointed day, in article 168 of**

the Constitution, in sub-clause (a) of clause (1), the word “Bombay” shall be omitted, and after the word
“Madras”, the word “Maharashtra” shall be inserted.

**21. Legislative Council of Maharashtra.—As from the appointed day, there shall be 78 seats in the**

Legislative Council of Maharashtra, and in the Third Schedule to the Representation of the People Act,
1950 (43 of 1950),—

(a) the entry No. 3 relating to Bombay shall be omitted and the existing entries 4 and 5 shall be

renumbered as entries 3 and 4 respectively;


(b) after the entry relating to Madras, the following entry shall be inserted, namely:—


“5. Maharashtra.. 78 22 7 7 30 12”.


**22. Council constituencies.—As from the appointed day, the Delimitation of Council Constituencies**

(Bombay) Order, 1951 shall stand amended as directed in the Fifth Schedule.

**23. Provision as to certain sitting members.—(1) On the appointed day—**

(a) the sitting members of the Legislative Council of Bombay specified in the Sixth Schedule

shall cease to be members of that Council; and

(b) all other sitting members of that Council shall become members of the Legislative Council of

Maharashtra and any such sitting member representing a council constituency the extent of which is
altered by virtue of the provisions of section 22 shall be deemed to have been elected to the
Legislative Council of Maharashtra by that constituency as so altered.


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(2) The term of office of the members referred to in clause (b) of sub-section (1) shall remain

unaltered.

**24. Special provision as to biennial elections.—(1) Notwithstanding anything contained in**

section 16 of the Representation of the People Act, 1951 (43 of 1951), no notification under that section
shall be published before the appointed day for holding biennial elections to fill the seats of members of
the Legislative Council of Bombay, retiring on the expiration of their term of office on the 24th day
of April, 1960.

(2) The term of office of the members of the said Council elected to fill the vacancies at the said

biennial elections shall expire on the 24th day of April, 1966.


**25. Chairman and Deputy Chairman.—(1) The person who immediately before the appointed day**

is the Deputy Chairman of the Legislative Council of Bombay shall be the Deputy Chairman of the
Legislative Council of Maharashtra.

(2) As soon as may be after the completion of the biennial elections referred to in section 24, the

Legislative Council of Maharashtra shall choose one of its members to be the Chairman thereof.


_Scheduled Castes and Scheduled Tribes_


**26. Amendment of the Scheduled Castes Order.—As from the appointed day, the Constitution**

(Scheduled Castes) Order, 1950, shall stand amended as directed in the Seventh Schedule.

**27. Amendment of the Scheduled Tribes Order.—As from the appointed day, the Constitution**

(Scheduled Tribes) Order, 1950, shall stand amended as directed in the Eighth Schedule.


PART IV


HIGH COURTS


**28. High Court for Gujarat.—(1) As from the appointed day, there shall be a separate High Court**

for the State of Gujarat (hereinafter referred to as “the High Court of Gujarat”) and the High Court of
Bombay shall become the High Court for the State of Maharashtra (hereinafter referred to as the High
Court at Bombay).

(2) The principal seat of the High Court of Gujarat shall be at such place as the President may, by

notified order, appoint.

(3) Notwithstanding anything contained in sub-section (2), the Judges and division courts of the High

Court of Gujarat may sit at such other place or places in the State of Gujarat other than its principal seat
as the Chief Justice may, with the approval of the Governor of Gujarat, appoint.

**29. Judges of Gujarat High Court.—(1) Such of the Judges of the High Court of Bombay holding**

office immediately before the appointed day as may be determined by the President shall on that day
cease to be Judges of the High Court at Bombay and become Judges of the High Court of Gujarat.

(2) The persons who by virtue of sub-section (1) become Judges of the High Court of Gujarat shall,

except in the case where any such person is appointed to be the Chief Justice of that High Court, rank in
that Court according to the priority of their respective appointments as Judges of the High Court of
Bombay.

**30. Jurisdiction of Gujarat High Court.—The High Court of Gujarat shall have, in respect of any**

part of the territories included in the State of Gujarat, all such jurisdiction, powers and authority as, under
the law in force immediately before the appointed day, are exercisable in respect of that part of the said
territories by the High Court of Bombay.

[31. Power to enrol advocates, etc.]—Rep. by the Advocates Act, 1961 (25 of 1961), s. 50 and _the_

_Schedule (w.e.f. 4-1-1963)._

**32. Practice and procedure in Gujarat High Court.—Subject to the provisions of this Part, the law**

in force immediately before the appointed day with respect to practice and procedure in the High Court of
Bombay shall, with the necessary modifications, apply in relation to the High Court of Gujarat, and
accordingly, the High Court of Gujarat shall have all such powers to make rules and orders with respect to
practice and procedure as are immediately before the appointed day exercisable by the High Court of
Bombay:


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Provided that any rules or orders which are in force immediately before the appointed day with

respect to practice and procedure in the High Court of Bombay shall, until varied or revoked by rules or
orders made by the High Court of Gujarat, apply with the necessary modifications in relation to practice
and procedure in the High Court of Gujarat as if made by that Court.

**33. Custody of seal of Gujarat High Court.—The law in force immediately before the appointed**

day with respect to the custody of the seal of the High Court of Bombay shall, with the necessary
modifications, apply with respect to the custody of the seal of the High Court of Gujarat.

**34. Form of writs and other processes.—The law in force immediately before the appointed day**

with respect to the form of writs and other processes used, issued or awarded by the High Court of
Bombay shall, with the necessary modifications, apply with respect to the form of writs and other
processes used, issued or awarded by the High Court of Gujarat.

**35. Powers of Judges.—The law in force immediately before the appointed day relating to the**

powers of the Chief Justice, single Judges and division courts of the High Court of Bombay and with
respect to all matters ancillary to the exercise of those powers shall, with the necessary modifications,
apply in relation to the High Court of Gujarat.

**36. Procedure as to appeals to Supreme Court.—The law in force immediately before the**

appointed day relating to appeals to the Supreme Court from the High Court of Bombay and the Judges
and division courts thereof shall, with the necessary modifications, apply in relation to the High Court of
Gujarat.

**37. Transfer of proceeding from Bombay High Court to Gujarat High Court.—(1) Except as**

hereinafter provided, the High Court at Bombay shall, as from the appointed day, have no jurisdiction in
respect of the transferred territory.

(2) Such proceedings pending in the High Court of Bombay immediately before the appointed day as

are certified, whether before or after that day, 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 of Gujarat shall, as soon as may be after such certification, be transferred
to the High Court of Gujarat.

(3) Notwithstanding anything contained in sub-sections (1) and (2) of this section or in section 30, but

save as hereinafter provided, the High Court at Bombay shall have, and the High Court of Gujarat 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 of Bombay before the appointed day:

Provided that if after any such proceedings have been entertained by the High Court at Bombay, it

appears to the Chief Justice of that High Court that they ought to be transferred to the High Court of
Gujarat, 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 of Bombay—


(a) before the appointed day, in any proceedings transferred to the High Court of Gujarat by

virtue of sub-section (2), or

(b) in any proceedings with respect to which the High Court at Bombay retains jurisdiction by

virtue of sub-section (3),

shall for all purposes have effect, not only as an order of the High Court at Bombay, but also as an order
made by the High Court of Gujarat.

**38. Right to appear or to act in proceedings transferred to Gujarat High Court.—Any person,**

who, immediately before the appointed day, is an advocate entitled to practise, or an attorney entitled to
act, in the High Court of Bombay and was authorised to appear or to act in any proceedings transferred
from that High Court to the High Court of Gujarat under section 37, shall have the right to appear or to
act, as the case may be, in the High Court of Gujarat in relation to those proceedings.


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**39. Interpretation.—For the purposes of section 37—**

(a) proceedings shall be deemed to be pending in a court until that court has disposed of all issues

between the parties, including any issues with respect to the taxation of the costs 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.

**40. Savings.—Nothing in this Part shall affect the application to the High Court of Gujarat of any**

provisions of the Constitution, and this Part shall have effect subject to any provision that may be made
on or after the appointed day with respect to that High Court by any Legislature or other authority having
power to make such provision.

**41. Permanent Bench of Bombay High Court at Nagpur.—Without prejudice to the provisions of**

section 51 of the States Reorganisation Act, 1956 (37 of 1956), such Judges of the High Court at Bombay,
being not less than three in number, as the Chief Justice may from time to time nominate, shall sit at
Nagpur in order to exercise the jurisdiction and power for the time being vested in that High Court in
respect of cases arising in the districts of Buldana, Akola, Amravati, Yeotmal, Wardha, Nagpur,
Bhandara, Chanda and Rajura:

Provided that the Chief Justice may, in his discretion, order that any case arising in any such district

shall be heard at Bombay.


PART V


AUTHORISATION OF EXPENDITURE


**42. Authorisation of expenditure of Gujarat State.—The Governor of Bombay may, at any time**

before the appointed day, authorise such expenditure from the Consolidated Fund of the State of Gujarat
as he deems necessary for a period of not more than six months beginning with the appointed day pending
the sanction of such expenditure by the Legislature of the State of Gujarat:

Provided that the Governor of Gujarat may, after the appointed day, authorise such further

expenditure as he deems necessary from the Consolidated Fund of the State of Gujarat for any period not
extending beyond the said period of six months.

**43. Reports relating to accounts of Bombay State.—(1) The reports of the Comptroller and**

Auditor-General of India referred to in clause (2) of article 151 relating to the accounts of the State of
Bombay in respect of any period prior to the appointed day shall be submitted to the Governor of each of
the States of Maharashtra and Gujarat who shall cause them to be laid before the Legislature of the State.


(2) The President may by order—


(a) declare any expenditure incurred out of the Consolidated Fund of Bombay on any service in

respect of any period prior to the appointed day during the financial year 1960-61 or in respect of any
earlier financial year in excess of the amount granted for that service and for that year as disclosed in
the reports referred to in sub-section (1) to have been duly authorised, and


(b) provide for any action to be taken on any matter arising out of the said reports.


**44. Allowances and privileges of Governor of Gujarat.—The allowances and privileges of the**

Governor of Gujarat shall, until provision in that behalf is made by Parliament by law under clause (3) of
article 158, be such as the President may, by order, determine.

**45. Distribution of revenues.—(1) Section 3 of the Union Duties of Excise (Distribution)**

Act, 1957 (55 of 1957), sections 3 and 5 of the Estate Duty and Tax on Railway Passenger Fares
(Distribution) Act, 1957 (57 of 1957), section 4 of, and the Second Schedule to, the Additional Duties of
Excise (Goods of Special Importance) Act, 1957 (58 of 1957), and paragraph 3 of the Constitution
(Distribution of Revenues) No. 2 Order, 1957, shall have effect subject to such modifications as are
specified in the Ninth Schedule.


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(2) The total amount payable to the State of Maharashtra under the enactments and Order referred to

in sub-section (1) in respect of the part of the financial year 1960-61 beginning with the appointed
day and in respect of the financial year 1961-62 shall be reduced by a sum of 602 lakhs of rupees and
614 lakhs of rupees, respectively and the total amount payable to the State of Gujarat, under those
enactments and Order in respect of each of those periods shall be correspondingly increased.


PART VI


APPORTIONMENT OF ASSETS AND LIABILITIES


**46. Application of Part.—The provisions of this Part shall apply in relation to the apportionment of**

the assets and liabilities of the State of Bombay immediately before the appointed day.

**47. Land and goods.—(1) Subject to the other provisions of this Part, all land and all stores, articles**

and other goods belonging to the State of Bombay shall,—

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


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


Provided that where the Central Government is of opinion that any goods or class of goods should be

distributed otherwise than according to the situation of the goods, the Central Government may issue such
directions as it thinks fit for a just and equitable distribution of the goods and the goods shall remain the
property of the State of Maharashtra or, as the case may be, pass to the State of Gujarat, accordingly.

(2) Any such stores of the State of Bombay as are referred to in the Tenth Schedule shall be divided

between the States of Maharashtra and Gujarat in the manner specified therein.

(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.

**48. Treasury and bank balances.—The total of the cash balances in all treasuries of the State of**

Bombay and the credit balances of that State with the Reserve Bank of India, the State Bank of India and
the State Bank of Saurashtra immediately before the appointed day shall be divided between the States of
Maharashtra and Gujarat 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 Bank of India on the appointed day:

Provided further that if the State of Gujarat 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.

**49. Arrears of taxes.—The right to recover arrears of any tax or duty on property, including arrears**

of land revenue, shall belong to the State in which the property is situated, and the right to recover arrears
of any other tax or duty shall belong to the State in whose territories the place of assessment of that tax or
duty is included on the appointed day:

Provided that any sum recovered after the appointed day in respect of any arrears of tax accruing

during the period between the 1st day of January, 1960, and the 30th day of April, 1960 (both
days inclusive) under the Central Sales Tax Act, 1956 (74 of 1956), or the Bombay Sales Tax
Act, 1959 (Bom. Act LI of 1959), shall, after deducting the cost of collection thereof, be divided between
the States of Maharashtra and Gujarat according to the population ratio.

**50. Right to recover loans and advances.—(1) The right of the State of Bombay 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 belong to the State in which that area is included on that day.

(2) The right of the State of Bombay 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 Maharashtra:


Provided that any sum recovered in respect of any such loan or advance shall be divided between the

States of Maharashtra and Gujarat according to the population ratio.


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**51. Credits in certain funds.—(1) Out of the investments of the State of Bombay made before the**

appointed day in the cash balance investment account of the State, such securities of the value of ten
crores of rupees, as the Central Government may by order specify, shall pass to the State of Gujarat in
connection with the construction of a capital for that State; and the remaining investments in the said
account shall be divided between the States of Maharashtra and Gujarat according to the population ratio.

(2) The investments of the State of Bombay immediately before the appointed day in the State

Famine Relief Fund, the State Road Fund, the Fund for Development Schemes, the Insurance Fund, the
Bombay State Milk Fund, the Securities Adjustment Reserve Fund and any other general fund and the
sums at the credit of that State in the Central Road Fund shall be divided between the States of
Maharashtra and Gujarat according to the population ratio.

(3) The investments of the State of Bombay immediately before the appointed day in the Dangs

District Reserve Fund, the Port Reserve Fund, the Port Development Fund and the Anand Institute Fund
shall pass to the State of Gujarat and the investments in any other 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.

(4) The investments of the State of Bombay 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 balance investment account, shall pass to the State in which the
principal seat of business of the undertaking is located.

(5) Where any body corporate constituted under a Central Act, State Act or Provincial Act for the

State of Bombay or any part thereof has, by virtue of the provisions of Part II, become an inter-State body
corporate, the investments in, or loans or advances to, any such body corporate by the State of Bombay
made before the appointed day shall, save as otherwise expressly provided by or under this Act, be
divided between the States of Maharashtra and Gujarat in the same proportion in which the assets of the
body corporate are divided under the provisions of Part VII.

**52. Special Revenue Reserve Fund in Gujarat.—(1) Out of the investments in the cash balance**

investment account which remain with the State of Maharashtra after giving effect to the provisions of
section 51, such securities of the value of 1,420 lakhs of rupees as the Central Government may by order
specify shall stand transferred to the State of Gujarat.

(2) There shall be constituted in the State of Gujarat a Fund to be called the Special Revenue Reserve

Fund consisting of the securities transferred to that State under sub-section (1) and such other securities
belonging to the State of Gujarat of the value of 1,419 lakhs of rupees as the Central Government may by
order specify.

(3) From and out of the fund constituted under sub-section (2), there shall be transferred as receipts in

the revenue account of the State of Gujarat in each of the financial years specified in column 1 of the
following Table a sum set out against that year in column 2 thereof, and in the financial year 1969-70, the
balance, if any, remaining in that fund:—


TABLE


_Financial year_ _Amount in lakhs of rupees._

(1) (2)

1962-63 612

1963-64 585

1964-65 561

1965-66 526

1966-67 433

1967-68 340

1968-69 209


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**53. Assets and liabilities of State undertakings.—(1) The assets and liabilities relating to any**

commercial or industrial undertaking of the State of Bombay shall pass to the State in which the
undertaking is located.

(2) Where a depreciation reserve fund is maintained by the State of Bombay 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 located.

**54. Public debt.—(1) The public debt of the State of Bombay attributable to loans raised by the issue**

of Government securities and outstanding with the public immediately before the appointed day shall, as
from that day, be the debt of the State of Maharashtra:


Provided that—


(a) the State of Gujarat shall be liable to pay to the State of Maharashtra its share of the sums due

from time to time for the servicing and repayment of the debt; and

(b) for the purpose of determining the said share, the debt shall be deemed to be divided between

the States of Maharashtra, and Gujarat as if it were a debt referred to in sub-section (2) or
sub-section (3), as the case may be.

(2) The public debt of the State of Bombay attributable to loans taken from the Central Government,

the National Co-operative Development and Warehousing Board or the Khadi and Village Industries
Commission or from any other 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 Bombay State Electricity Board, the Bombay State Road Transport

Corporation, or the Bombay Housing Board or any other institution which becomes an inter-State
institution on the appointed day, be divided between the States of Maharashtra and Gujarat in the
same proportion in which the assets of such body corporate or institution are divided under the
provisions of Part VII.

(3) The remaining public debt of the State of Bombay attributable to loans taken from the Central

Government, the Reserve Bank of India or any other body corporate and outstanding immediately before
the appointed day shall be divided between the States of Maharashtra and Gujarat in proportion to the
total expenditure on all capital works and other capital outlays incurred or deemed to have been incurred
up to the appointed day in the territories included respectively in each of those States:

Provided that for the purposes of such division, only the expenditure on assets for which capital

accounts have been kept shall be taken into account.

_Explanation.—Where any expenditure on capital works or other capital outlays cannot be allocated_

between the territories included in the States of Maharashtra and Gujarat, such expenditure shall, for the
purposes of this sub-section, be deemed to have been incurred in those territories according to the
population ratio.

(4) Where a sinking fund or a depreciation fund is maintained by the State of Bombay for repayment

of any loan raised by it, the securities held in respect of investments made from that fund shall be divided
between the States of Maharashtra and Gujarat in the same proportion in which the total public debt is
divided between the two States under this section.

_Explanation.—For the purposes of this sub-section, the fund in the public account of the State of_

Bombay known as the Debt Redemption and Avoidance Fund shall be deemed to be a sinking fund.

(5) The share of the State of Gujarat in the liability on account of public debt apportioned under

sub-section (3) shall be reduced by 1,419 lakhs of rupees and the share of the State of Maharashtra in
such liability shall be correspondingly increased.


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(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 Public Debt Act, 1944 (18 of 1944).

**55. Floating Debt.—(1) The liability of the State of Bombay in respect of any floating debt of a**

Merged State shall be the liability of the State in whose territories the area of the Merged State is included
on the appointed day.

(2) The liability of the State of Bombay in respect of any other 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.

**56. Refund of taxes collected in excess.—The liability of the State of Bombay to refund any tax or**

duty on property, including land revenue, collected in excess shall be the liability of the State in which the
property is situated, and the liability of the State of Bombay to refund any other tax or duty collected in
excess shall be the liability of the State in whose territories the place of assessment of that tax or duty is
included:

Provided that the liability to refund any amount after the appointed day on account of any excess

collected in respect of any tax accruing during the period between the 1st day of January, 1960, and the
30th day of April, 1960 (both days inclusive) under the Central Sales Tax Act, 1956 (74 of 1956) or the
Bombay Sales Tax Act, 1959 (Bom. Act LI of 1959), shall be shared between the two States of
Maharashtra and Gujarat according to the population ratio.

**57. Deposits, etc.—(1) The liability of the State of Bombay 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 State of Bombay 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.

**58. Provident fund.—The liability of the State of Bombay 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 servant is permanently allotted.

**59. Pensions.—The liability of the State of Bombay in respect of pensions shall pass to, or be**

apportioned between, the States of Maharashtra and Gujarat in accordance with the provisions contained
in the Eleventh Schedule.

**60. Contracts.—(1) Where, before the appointed day, the State of Bombay 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) if such purposes are, as from that day, exclusively purposes of either the State of Maharashtra

or the State of Gujarat, of that State; and


(b) in any other case, of the State of Maharashtra;


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 State of Bombay, be rights or liabilities of
the State of Maharashtra or the State of Gujarat, 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 State of Maharashtra and the State of Gujarat or, in default of such agreement, as the Central
Government may by order direct.


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(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.

**61. Liability in respect of actionable wrong.—Where, immediately before the appointed day, the**

State of Bombay 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 the State of Maharashtra or the State of Gujarat, be a liability of that State; and

(b) in any other case, be initially a liability of the State of Maharashtra, but subject to such

financial adjustment as may be agreed upon between the States of Maharashtra and Gujarat or, in
default of such agreement, as the Central Government may by order direct.

**62. Liability as guarantor.—Where, immediately before the appointed day, the State of Bombay is**

liable as guarantor in respect of any liability of a registered cooperative society or other person, that
liability shall,—

(a) if the area of operations of such society or person is limited to the territories which, as from

that day, are the territories of the State of Maharashtra or of the State of Gujarat, be a liability of that
State; and

(b) in any other case, be initially a liability of the State of Maharashtra, subject to such financial

adjustment as may be agreed upon between the States of Maharashtra and Gujarat or, in default of
such agreement, as the Central Government may by order direct.

**63. 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.

**64. Residuary provision.—The benefit or burden of any asset or liability of the State of Bombay not**

dealt with in the foregoing provisions of this Part shall pass to the State of Maharashtra in the first
instance, subject to such financial adjustment as may be agreed upon between the States of Maharashtra
and Gujarat before the 1st day of April, 1961 or, in default of such agreement, as the Central Government
may by order direct.

**65. Apportionment of assets or liabilities by agreement.—Where the States of Maharashtra and**

Gujarat agree that the benefit or burden of any particular asset or liability should be apportioned between
them in a manner other than that provided for in the foregoing provisions of this Part, then,
notwithstanding anything contained therein, the benefit or burden of that asset or liability shall be
apportioned in the manner agreed upon.

**66. 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 States of Maharashtra and Gujarat 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 such contribution in respect thereof, as the Central
Government may, after consultation with the two State Governments, by order determine.


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**67. Certain expenditure to be charged on Consolidated Fund.—All sums payable either by the**

State of Maharashtra or by the State of Gujarat to the other State or by the Central Government to either
of those States, by virtue of the provisions of this 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 VII


PROVISIONS AS TO CERTAIN CORPORATIONS


**68.** **Provisions** **as** **to** **Bombay** **State** **Electricity** **Board** **and** **State** **Warehousing**

**Corporation.—(1) The following bodies corporate constituted for the State of Bombay, namely:—**

(a) the State Electricity Board constituted under the Electricity Supply Act, 1948 (54 of 1948);

and

(b) the State Warehousing Corporation established under the Agricultural Produce (Development

and Warehousing) Corporations Act, 1956 (28 of 1956),


shall, as from the appointed day, continue to function in those areas in respect of which they were
functioning immediately before that day, subject to the provisions of this section and to such directions as
may, from time to time, be issued by the Central Government.

(2) Any directions issued by the Central Government under sub-section (1) in respect of the Board or

the Corporation shall include a direction that the Act under which the Board or the Corporation was
constituted shall, in its application to that Board or Corporation, have effect subject to such exceptions
and modifications as the Central Government thinks fit.

(3) The Board or the Corporation referred to in sub-section (1) shall cease to function as from, and

shall be deemed to be dissolved on, the 1st day of October, 1960, or such earlier date as the Central
Government may, by order, appoint; and upon such dissolution, its assets, rights and liabilities shall be
apportioned between the State of Maharashtra and the State of Gujarat in such manner as may be agreed
upon between them within one year of the dissolution of the Board or the Corporation, as the case may
be, or if no agreement is reached, in such manner as the Central Government may by order determine.

(4) Nothing in the preceding provisions of this section shall be construed as preventing the

Government of the State of Maharashtra or, as the case may be, the Government of the State of Gujarat
from constituting, at any time on or after the appointed day, a State Electricity Board or a State
Warehousing Corporation for that State under the provisions of the Act relating to such Board or
Corporation; and if such a Board or Corporation is so constituted in either of the States before the
dissolution of the Board or the Corporation referred to in sub-section (1),—

(a) provision may be made by order of the Central Government enabling the new Board or the

new Corporation to take over from the existing Board or Corporation all or any of its undertakings,
assets, rights and liabilities in that State, and

(b) upon the dissolution of the existing Board or Corporation, any assets, rights and liabilities

which would otherwise have passed to that State by or under the provisions of sub-section (3) shall
pass to the new Board or the new Corporation instead of to that State.

**69. Continuance of arrangements in regard to generation and supply of electric power and**

**supply of water.—If it appears to the Central Government that the arrangement in regard to the**
generation or supply of electric power or the supply of water for any area or in regard to the execution of
any project for such generation or supply has been or is likely to be modified to the disadvantage of that
area by reason of the fact that it is, by virtue of the provisions of Part II, outside the State in which the
power stations and other installations for the generation and supply of such power, or the catchment area,
reservoirs and other works for the supply of water, as the case may be, are located, the Central
Government may give such directions as it deems proper to the State Government or other authority
concerned for the maintenance, so far as practicable, of the previous arrangement.


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**70. Provisions as to Bombay State Financial Corporation.—(1) The Bombay State Financial**

Corporation established under the State Financial Corporations Act, 1951 (63 of 1951) shall, as from the
appointed day, continue to function in those areas in respect of which it was functioning immediately
before that day, subject to the provisions of this section and to such directions as may, from time to time,
be issued by the Central Government.

(2) Any directions issued by the Central Government under sub-section (1) in respect of the

Corporation shall include a direction that the said Act, in its application to the Corporation, shall have
effect subject to such exceptions and modifications as may be specified in the direction.

(3) A general meeting of the Corporation shall be convened, in accordance with the rules to be made

in this behalf by the Central Government, by the Board thereof before the 31st day of July, 1960, or
within such further time as the Central Government may allow, for the consideration of a scheme for the
reconstitution or reorganisation or dissolution, as the case may be, of the Corporation, including proposals
regarding the formation of new corporations, and the transfer thereto of the assets, rights and liabilities
of the existing Corporation, and if such a scheme is approved at the general meeting by a resolution
passed by a majority of the shareholders present and voting, the scheme shall be submitted to the
Central Government for its sanction.

(4) If the scheme is sanctioned by the Central Government either without modifications or with

modifications which are approved at a general meeting, the Central Government shall certify the scheme,
and upon such certification, the scheme shall, notwithstanding anything to the contrary contained in any
law for the time being in force, be binding on the corporations affected by the scheme as well as the
shareholders and creditors thereof.

(5) If the scheme is not so approved or sanctioned, the Central Government may refer the scheme to

such Judge of the High Court at Bombay as may be nominated in this behalf by the Chief Justice thereof,
and the decision of the Judge in regard to the scheme shall be final and shall be binding on the
corporations affected by the scheme as well as the shareholders and creditors thereof.

(6) Nothing in the preceding provisions of this section shall be construed as preventing

the Government of the State of Gujarat from constituting, at any time on or after the appointed day, a
State Financial Corporation for that State under the State Financial Corporations Act, 1951 (63 of 1951).

**71. Amendment of Act 64 of 1950.—In the Road Transport Corporations Act, 1950,—**


(1) in section 47A,—


(a) in sub-section (1),—


(i) for the words, letters and figures, “the whole or any part of a State in respect of which

a Corporation was, immediately before the 1st day of November, 1956,” the words “or any
other enactment relating to reorganisation of States, the whole or any part of a State in respect
of which a Corporation was, immediately before the day on which the reorganisation takes
place,” shall be substituted;


(ii) in the Explanation, for clause (i), the following clause shall be substituted, namely:—

“(i) in relation to the Bombay State Road Transport Corporation, shall mean

the Government of the State of Maharashtra or of Gujarat as formed under the
Bombay Reorganisation Act, 1960;”;

(b) in sub-section (3), in clause (f), after the words and figures "the States Reorganisation Act,

1956”, the words “or any other enactment relating to reorganisation of States" shall be inserted;


(2) after section 47A, the following section shall be inserted, namely:—


“48. **Transitional** **provision** **relating** **to** **Bombay** **State** **Road** **Transport**

**Corporation.—Notwithstanding anything contained in section 47A, it shall be lawful for the**
Government of the State of Bombay to frame a scheme under sub-section (1) thereof and forward
the same to the Central Government before the 1st day of May, 1960, and in such a case, the
power conferred on the Central Government to make an order under sub-section (2) thereof may
be exercised before that day but no order so made shall take effect till that day.”.


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**72. Special provision for Bar Council of Gujarat.—(1) In the Indian Bar Councils**

Act, 1926 (38 of 1926),—


(a) in section 4,—


(i) to sub-section (2), the following Explanation shall be added, namely: —


“Explanation.—For the purpose of election to the Bar Council for the High Court of

Gujarat, the period of ten years aforesaid shall be computed after taking into account the
period for which the person concerned was entitled as of right to practise in the High Court of
Bombay or of Saurashtra or in the Judicial Commissioner's Court of Kutch before the 1st day
of May, 1960.”;


(ii) for the proviso to sub-section (4), the following proviso shall be substituted, namely:—


“Provided that the Advocates-General of West Bengal, Madras, Maharashtra and Gujarat

shall be Chairmen _ex-officio, respectively, of the Bar Councils constituted for the_
High Courts of those States.”;


(b) after section 5, the following section shall be inserted, namely:—


“5A. Ad hoc Bar Council for Gujarat High Court.—Notwithstanding anything contained

in this Act, the Chief Justice of the High Court of Gujarat shall nominate the members of the first
Bar Council under this Act for the High Court of Gujarat and the members so nominated shall
remain in office for a period of twelve months.”.

(2) The assets and liabilities of the Bar Council for the High Court of Bombay shall be divided

between the Bar Councils for the High Court at Bombay and the High Court of Gujarat in such manner as
may be agreed upon, and in default of such agreement, as may be directed by the Attorney-General for
India.

**73. Amendment of Act 6 of 1942.—In the Multi-unit Co-operative Societies Act, 1942, after**

section 5B, the following section shall be inserted, namely:—

“5C. Transitional provision relating to certain multi-unit cooperative societies.—(1) Where,

in respect of any co-operative society specified in the Twelfth Schedule, which under the provisions
of sub-section (1) of section 5A becomes a multi-unit co-operative society, the Board of Directors
unanimously adopts any scheme for the reconstitution, reorganisation or dissolution of the society,
including proposals for the formation of new co-operative societies and the transfer thereto of the
assets and liabilities and employees of that society and the State Government of Bombay certifies the
scheme at any time before the 1st day of May, 1960, then notwithstanding anything contained in
sub-section (2) or sub-section (3) or sub-section (4) of the said section or any other law, regulation or
bye-law for the time being in force in relation to that society, the scheme so certified shall be binding
on all societies affected by the scheme, as well as the shareholders, creditors and employees of all
such societies, subject to such financial adjustments as may be directed in this behalf under
sub-section (3), but no such scheme shall be given effect to before the said day.

(2) When a scheme in respect of a co-operative society is so certified, the Central Registrar shall

place the scheme at a meeting, held in such manner as may be prescribed by rules made under this Act, of
all the persons who, immediately before the date of certification of the scheme, were members of the
society and the scheme may be approved by a resolution passed by a majority of the members present and
voting at the said meeting.

(3) If the scheme is not so approved or is approved with modifications, the Central Registrar may

refer the scheme to such Judge of the High Court at Bombay as may be nominated in this behalf by the
Chief Justice thereof and the Judge may direct such financial adjustments to be made among the societies
affected as he deems necessary, and the scheme shall be deemed to be approved subject to those financial
adjustments.

(4) If in consequence of the directions given under sub-section (3), a society becomes liable to pay

any sum of money, the State within whose area the society is located shall be liable as guarantor in
respect of the payment of such money.”.


-----

**74. General provision as to statutory corporations.—(1) Save as otherwise expressly provided by**

the foregoing provisions of this Part, where any body corporate constituted under a Central Act, State Act
or Provincial Act for the State of Bombay or any part thereof has, by virtue of the provisions of Part II,
become an inter-State body corporate, then, the body corporate shall, as from the appointed day, continue
to function and operate in those areas in respect of which it was functioning and operating immediately
before that day, subject to such directions as may from time to time be issued by the Central Government,
until other provision is made by law in respect of the said body corporate.

(2) Any directions issued by the Central Government under sub-section (1) in respect of any such

body corporate shall include a direction that any law by which the said body corporate is governed shall,
in its application to that body corporate, have effect subject to such exceptions and modifications as may
be specified in the direction.

**75. Amendment of Act 38 of 1957.—In the Inter-State Corporations Act, 1957, in the preamble, in**

section 2, in clause (f) of sub-section (2) of section 4 and in section 5, after the words and figures “the
States Reorganisation Act, 1956”, wherever they occur, the words “or of any other enactment relating to
reorganisation of States” shall be inserted.

**76. Temporary provisions as to continuance of certain existing road transport**

**permits.—(1) Notwithstanding anything contained in section 63 of the Motor Vehicles**
Act, 1939 (4 of 1939), a permit granted by the State Transport Authority of Bombay or any Regional
Transport Authority in that State shall, if such permit was, immediately before the appointed day, valid
and effective in any area in the transferred territory, 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
Gujarat or any Regional Transport Authority therein for the purpose of validating it for use in such area:

Provided that the Central Government may, after consultation with the State Governments of

Maharashtra and Gujarat, add to, amend or vary the conditions attached to the permit by the Authority by
which the permit was granted.

(2) No tolls, entrance fees or other charges of a like nature shall be levied after the appointed day in

respect of any transport vehicle for its operations in the State of Gujarat under any such permit, if such
vehicle was, immediately before that day, exempt from the payment of any such toll, entrance fees or
other charges for its operations in the transferred territory:

Provided that the Central Government may, after consultation with the State Governments of

Maharashtra and Gujarat, authorise the levy of any such toll, entrance fees or other charges, as the case
may be.

**77. Special provision relating to retrenchment compensation in certain cases.—Where on**

account of the reorganisation of the State of Bombay under this Act, any body corporate constituted under
a Central Act, State Act or Provincial Act, any co-operative society registered under any law relating to
co-operative societies or any commercial or industrial undertaking of that State is reconstituted or
reorganised in any manner whatsoever or is amalgamated with any other body corporate, co-operative
society or undertaking, or is dissolved, and in consequence of such reconstitution, reorganisation,
amalgamation or dissolution, any workman employed by such body corporate or in any such co-operative
society or undertaking, is transferred to, or re-employed by any other body corporate, or in any other cooperative society or undertaking, then notwithstanding anything contained in section 25F of the Industrial
Disputes Act, 1947 (14 of 1947), such transfer or re-employment shall not entitle him to any
compensation under that section;


Provided that—


(a) the terms and conditions of service applicable to the workman after such transfer or

re-employment are not less favourable to the workman than those applicable to him immediately
before the transfer or re-employment;


-----

(b) the employer in relation to the body corporate, the cooperative society or the undertaking

where the workman is transferred or re-employed is, by agreement or otherwise, legally liable
to pay to the workman, in the event of his retrenchment, compensation under section 25F of the
Industrial Disputes Act, 1947 (14 of 1947), on the basis that his service has been continuous and has
not been interrupted by the transfer or re-employment.

**78. Special provision as to income-tax.—Where the assets, rights and liabilities of any body**

corporate carrying on any business are, under the provisions of this Part, transferred to any other
bodies corporate which after the transfer carry on the same business, the losses of profits or gains
sustained by the body corporate first mentioned which, but for such transfer, would have been allowed to
be carried forward and set off in accordance with the provisions of section 24 of the Indian Income-tax
Act, 1922 (11 of 1922), shall be apportioned amongst the transferee bodies corporate in accordance with
the rules to be made by the Central Government in this behalf and, upon such apportionment, the share of
loss allotted to each transferee body corporate shall be dealt with in accordance with the provisions of
section 24 of the said Act, as if the transferee body corporate had itself sustained such loss in a business
carried on by it in the years in which these losses were sustained.

**79. Continuance of facilities in certain State institutions.—(1) The Government of the State of**

Maharashtra or, as the case may be, the Government of the State of Gujarat shall, in respect of the
institutions specified in the Thirteenth Schedule located in that State, continue to provide facilities to the
people of the other State which shall not, in any respect, be less favourable to such people than what were
being provided to them before the appointed day, for such period and upon such terms and conditions as
may be agreed upon between the two State Governments before the 1st day of October, 1960, or, if no
agreement is reached by the said date, as may be fixed by order of the Central Government.

(2) The Central Government may, at any time before the 1st day of October, 1960, by notification in

the Official Gazette, specify in the Thirteenth Schedule any other institution existing on the appointed day
in the State of Maharashtra or of Gujarat, and on the issue of such notification, the Schedule shall be
deemed to be amended by the inclusion of the said institution therein.


PART VIII


PROVISIONS AS TO SERVICES


**80. Provisions relating to All-India Services.—(1) In this section, the expression “State cadre”—**

(a) in relation to the Indian Administrative Service, has the meaning assigned to it in the

Indian Administrative Service (Cadre) Rules, 1954, and


(b) in relation to the Indian Police Service, has the meaning assigned to it in the Indian Police

Service (Cadre) Rules, 1954.

(2) In place of the cadres of the Indian Administrative Service and the Indian Police Service existing

in the State of Bombay immediately before the appointed day, there shall, as from that day, be two
separate cadres, one for the State of Maharashtra, and the other for the State of Gujarat, in respect of each
of these services.

(3) The initial strength and composition of each of the State cadres shall be such as the

Central Government may by order determine before the appointed day.


(4) The members of each of the said services borne on those cadres for the State of Bombay

immediately before the appointed day shall be allocated to the State cadres of the same service for each of
the States of Maharashtra and Gujarat in such manner and with effect from such date or dates as the
Central Government may, by order, specify.

(5) Nothing in this section shall be deemed to affect the operation, after the appointed day, of the

All-India Services Act, 1951 (61 of 1951), or the rules made thereunder in relation to the State cadres of
the said services constituted under sub-section (2) and in relation to the members of those services borne
on the said cadres.


-----

**81. Provisions relating to other services.—(1) Every person who, immediately before the appointed**

day, is serving in connection with the affairs of the State of Bombay shall, as from that day, provisionally
continue to serve in connection with the affairs of the State of Maharashtra, unless he is required, by
general or special order of the Central Government, to serve provisionally in connection with the affairs
of the State of Gujarat.

(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 the State of Maharashtra or
Gujarat, shall be finally allotted for service and the date with effect 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 the State of

Maharashtra or Gujarat 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 or, in default of such
agreement, as may be determined by the Central Government.

(4) The Central Government may by order establish one or more Advisory Committees for the

purpose of assisting it in regard to—


(a) the division and integration of the services among the States of Maharashtra and Gujarat; and


(b) the ensuring of fair and equitable treatment to all persons affected by the provisions of this

section and the proper consideration of any representations made by such persons.

(5) The foregoing provisions of this section shall not apply in relation to any person to whom the

provisions of section 80 apply.

(6) 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 the State of Maharashtra or Gujarat:

Provided that the conditions of service applicable immediately before the appointed day to the case of

any person provisionally or finally allotted to the State of Maharashtra or Gujarat under this section shall
not be varied to his disadvantage except with the previous approval of the Central Government.

**82. Provisions as to continuance of officers in same post.—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 the State of Bombay in any area which on that day falls within the State of Maharashtra or Gujarat
shall continue to hold the same post or office in that State and shall be deemed, as from that day, to have
been duly appointed to the post or office by the Government of, or other appropriate authority in, that
State:

Provided that nothing in this section shall be deemed to prevent a competent authority, after the

appointed day, from passing, in relation to such person, any order affecting his continuance in such post
or office.

**83. Power of Central Government to give directions.—The Central Government may give such**

directions to the State Governments of Maharashtra and Gujarat as may appear to it to be necessary for
the purpose of giving effect to the foregoing provisions of this Part and the State Government shall
comply with such directions.

**84. Provisions as to Bombay Public Service Commission.—(1) The Public Service Commission for**

the State of Bombay shall, as from the appointed day, become the Public Service Commission for the
State of Maharashtra.

(2) The report of the Bombay Public Service Commission as to the work done by the Commission in

respect of any period prior to the appointed day shall be presented under clause (2) of article 323 to the
Governors of Maharashtra and Gujarat, and the Governor of Maharashtra shall, on receipt of such report,
cause a copy thereof together with a memorandum explaining, as far as possible, as respects the cases, if
any, where the advice of the Commission was not accepted, the reasons for such non-acceptance to be
laid before the Legislature of the State of Maharashtra and it shall not be necessary to cause such report or
any such memorandum to be laid before the Legislative Assembly of the State of Gujarat.


-----

PART IX


LEGAL AND MISCELLANEOUS PROVISIONS


**85. Amendment of article 371 of the Constitution.—As from the appointed day, in article 371 of**

the Constitution, in clause (2)—

(a) for the words “the State of Bombay”, the words “the State of Maharashtra or Gujarat” shall be

substituted; and

(b) for the words “the rest of Maharashtra”, the words “and the rest of Maharashtra or, as the case

may be,” shall be substituted.

**86. Amendment of Act 37 of 1956.—In section 15 of the States Reorganisation Act, 1956—**

(i) in clause (d), for the words “Bombay and Mysore”, the words “Gujarat and Maharashtra” shall

be substituted; and

(ii) in clause (e), for the words “Madras and Kerala”, the words “Madras, Mysore and Kerala”

shall be substituted.


**87. Territorial extent of law’s.—The provisions of Part II shall not be deemed to have effected any**

change in the territories to which any law in force immediately before the appointed day extends or
applies, and territorial references in any such law to the State of Bombay 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.

**88. Power to adapt laws.—For the purpose of facilitating the application in relation to the State of**

Maharashtra or Gujarat of any law made before the appointed day, the appropriate Government may,
before the expiration of one year from that day, by order, make such adaptations and modifications of the
law, whether by way of repeal or amendment, as may be necessary or expedient, and thereupon every
such law shall have effect subject to the adaptations and modifications so made until altered, repealed or
amended by a competent Legislature or other competent authority.

_Explanation.—In this section, the expression “appropriate Government” means 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.

**89. Power to construe laws.—Notwithstanding that no provision or insufficient provision has been**

made under section 88 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 the State of Maharashtra or Gujarat, 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.

**90. Power to name authorities, etc., for exercising statutory functions.—The Government of the**

State of Gujarat, as respects the transferred territory may, by notification in the Official Gazette, specify
the authority, officer or person who, on or after the appointed day, shall be competent to exercise such
functions exercisable under any law in force on that day as may be mentioned in that notification and
such law shall have effect accordingly.

**91. Legal proceedings.—Where immediately before the appointed day, the State of Bombay is a**

party to any legal proceedings with respect to any property, rights or liabilities subject to apportionment
between the States of Maharashtra and Gujarat under this Act, the State of Maharashtra or Gujarat which
succeeds to, or acquires a share in, that property or those rights or liabilities by virtue of any provision of
this Act shall be deemed to be substituted for the State of Bombay as a party to those proceedings, and the
proceedings may continue accordingly.

**92. Transfer of pending proceedings.—(1) Every proceeding pending immediately before the**

appointed day before a court (other than a High Court), tribunal, authority or officer in any area which on
that day falls within the State of Maharashtra shall, if it is a proceeding relating exclusively to the
transferred territory stand transferred to the corresponding court, tribunal, authority or officer in the State
of Gujarat.


-----

(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 at Bombay 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 the State of Gujarat means—


(i) the court, tribunal, authority or officer in which, or before whom, the proceeding would

have lain if it 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 Bombay, to be the corresponding court, tribunal, authority or officer.

**93. Right of pleaders to practise in certain cases.—Any person who, immediately before the**

appointed day, is enrolled as a pleader entitled to practise in any subordinate courts in the State of
Bombay shall, for a period of one year 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 the State of Gujarat.

**94. Effect of provisions of the Act inconsistent with other laws.—The provisions of this Act shall**

have effect notwithstanding anything inconsistent therewith contained in any other law.

**95. Power to remove difficulties.—If any difficulty arises in giving effect to the provisions of this**

Act, the President may, by order, do anything not inconsistent with such provisions which appears to him
to be necessary or expedient for the purpose of removing the difficulties.

**96. Power to make rules.—(1) The Central Government may, by notification in the Official**

Gazette, make rules to give effect to the provisions of this Act.

(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 [1][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 modifications or
annulment shall be without prejudice to the validity of anything previously done under that rule.

1. Subs. by Act 4 of 1986, s. 2 and the Schedule, for certain words (w.e.f. 15-5-1986).


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THE FIRST SCHEDULE



[See section 3(1) (b)]


TERRITORIES TRANSFERRED FROM THE STATE OF BOMBAY TO THE STATE OF GUJARAT


(Any reference in this Schedule to a census code number in relation to a village means the code number
_assigned to that village in the census of 1951)._


PART I


Umbergaon taluka of Thana District


_Name of Village_ _Census Code No._

*Umbergaon 1

Kalgaon 2

Kalai 3

Govad 4

Tadgaon 6

Dehari 7

Nargol 8

Phansa (whole) 9

Mamakwada 11

*Maroli 12

Saronda 13

Achhari 14

Angaon 15

Ahu 16

Eklahare 17

Kachigaon 18

Bhati Karambeli 19

Karambeli Pali 20

Karambele 21

*Khattalwada 22

Ghimse Kakaria 23

Jamburi 24

Tembhi 25

Tumb 26

Dahad 27

Nahuli 28

Palgaon 29

Pali 30

Punat 31

Borigaon Tarf Kachigaon 32

Borlai 33

Bhilad 34


-----

_Name of Village_ _Census Code No._

Manda 35

Manikpur 36

Mohan 37

Vankas 38

Valvada 39

Shirgaon 40

Sanjan 41

Sarai 42

Solsumba 43

Humran 44

Dehali 48

Talwada 49

Dhanoli 50

Nandgaon 51

Malav 52

Anklas 55

Zaroli 67

Nagvas 70


NOTE: * includes towns of the same name.


________________


PART II


West Khandesh District


_Nawapur taluka_


_Name of Village_ _Census Code No._

Abhankuwa (Forest) —

Anandpur 2

Babarghat 3

Bhadbunja 6

Bhint Bk. 11

Bhint Khurd 12

Chacharbunde 18

Chadhavbunde (Forest) **—**

Chhapti 19

Chikhli (Forest) **—**

Dhaj 27

Haripur 35


-----

_Name of Village_ _Census Code No._

Jamaki 38

Jamane 36

Kachali 39

Kamalapur 41

Kataswan 48

Khabade 50

Kokambe (Forest) **—**

Manikpur 68

Mirkot 70

Mogarbara (Forest) 72

Mograni (Forest) **—**

Nanchhal 75

Narayanpur 77

Nurabad 82

Pakhari 83

Parchuli 86

Pethapur 89

Sakarde (Digar) 94

Sase 96

Shelud 101

Sundarpur 106

Thuti 108

Uchhal 111

Vadadhe Kd. 115

Vadapatal 117

Zaranpada 123

_Nandurbar taluka_

Adade 2

Anturli 5

Arkunda (Forest) **—**

Bhilbhavali 19

Bhiljamboli 20

Borathe 25

Borde 23

Chinchode 28

Chorgaon (Deserted) 28A

Devhale 31


-----

_Name of Village_ _Census Code No._

Dev Mogra-Gaibi Umber (Forest village Coupe Nos. 1, 2 and 20

of felling series XX and Coupe Nos. 1

to 9 of felling series XXI).

Gamadi 39

Gujarpur 43

Harduli (Digar) 44

Hatnoor (Digar) 46

Hingani (Digar) 48

Kavithe 63

Khairave Kd. T. Dhanore 65

Khodade 69

Kothali Budruk 77

Lakhmikhede 79

Lekurwali 80

Mubarakpur 86

Nasarpur 93

Newale 96

Nizar 99

Pimplod T. Nisar 108

Raigad 109

Ranikhadkale (Deserted) 112A

Sarvale 115

Shale 119

Shelu 121

Sulvade 125

Tapikhadkale 128

Vadali 136

Vake 143

Velade 149

Vyawal 154


________________


PART III


West Khandesh District


_Akkalkuwa taluka_


_Name of Village_ _Census Code No._

Akkalkuwa Budruk 1

Anghat 6A

Barktura 15

Bhogwad 23


-----

_Name of Village_ _Census Code No._

Chatwad 32

Choti Korali (Deserted) 35A

Davariamba 37

Dogaripada (G) 44

Gangtha 50

Itwai 59

Javali 63

Kenvada 78

Kevadamoi 79

Khairpada 84

Khanore 85

Khokwad 91

Koktipada 94

Kolwan 95

Langadi 104

Medhi 111

Nawagaon (G) 120

Nevadi (Amba) 126

Palaswada 132

Pana 133

Parod 135

Parodi 136

Patipada 138

Pimparipada (R) 143

Ranipur 150

Ranjaniwad 152

Rundigavan 156

Uman 176

Umja 175

Umran 180

Vadgav 189

Zapa-amli 196

Ziribeda 197

_Taloda taluka_

Akkalutar 1

Amode Tarf Satone 6


-----

_Name of Village_ _Census Code No._

Amode T. Taloda 7

Asapur 10

Ashrave 11

Ashte T. Budhawal 13

Bahurupe 14

Balade 16

Balambe 15

Bej 20

Bhamsal 21

Borikuva 25

Chirmati 31

Chokhiamali 33

Fulwadi 90

Gadid 41

Gorase 44

Hatode 47

Hol 48

Kelani 56

Kondaraj 64

Kukurmunde 66

Mohammadpur (Deserted) 70A

Matawal 73

Mendhpur 74

Modale 77

Morambe 80

Nimbhore 84

Panibare 87

Pati 89

Pimplas 91

Pisawar 93

Rajpur 95

Ranaichi 98

Sadgaven 106

Satole 108

Torande 120

Tulse 122


-----

_Name of Village_ _Census Code No._

Ubhad 123

Untavad 126

Varpade 128

Vesgaon 129

Zumkati 131


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THE SECOND SCHEDULE


(See section 7)


PART I


Maharashtra Members of the Council of States


_Members whose term of office expires on the 2nd April, 1962_


1. Shri P.N. Rajabhoj.


2. Dr. Waman Sheodas Barlingay.


3. Shri T.R. Deogirikar.


4. Shri G.R. Kulkarni.


5. Shri Dhairyashilrao Yeshwantrao Pawar.


6. Shri M.D. Tumpalliwar


_Members whose term of office expires on the 2nd April, 1964._


7. Shri Babubhai M. Chinai.


8. Shri Ramrao Madhaorao Deshmukh.


9. Shri Bhaurao Dewaji Khobaragade.


10. Shri Sonusing Dhansing Patil.


11. Shri Lalji Pendse.


12. Shri Abid Ali.


PART II


Gujarat Members of the Council of States


_Members whose term of office expires on the 2nd April, 1962._


1. Shri Jadavji Keshavji Modi.


2. Professor Dr. Raghu Vira.


3. “Vacant”


_Members whose term of office expires on the 2nd April, 1964_


4. Shri Rohit Manushankar Dave.


5. Shri Khandubhai K. Desai.


6. Shri Dahyabhai Vallabhbhai Patel.


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THE THIRD SCHEDULE


(See section 11)


AMENDMENTS TO THE FIRST SCHEDULE TO THE DELIMITATION OF PARLIAMENTARY AND ASSEMBLY

CONSTITUENCIES ORDER, 1956


(1) For the heading “4-BOMBAY”, substitute “4-GUJARAT”.


(2) In entry 111, after the word “Pardi”, insert the word “Umbergaon” and for the words “Surat

district”, substitute the words “Surat district; and Dangs district”.


(3) After entry 111, add the following Note:—


“Note.—Any reference in this Part to Broach, Surat or Dangs district or to Songadh or

Umbergaon taluka of Surat district or to Sagbara taluka of Broach district shall be taken to mean the
area comprised in that district or taluka, as the case may be, on the 1st day of May, 1960.”.


(4) Immediately before entry 112, insert the heading “4A-MAHARASHTRA”.


(5) In entry 129, omit the words “Dangs district;”.


(6) To the note after entry 148, add:—


“(3) Any reference in this Part to Thana or West Khandesh district or to Nawapur, Nandurbar,

Akkalkuwa or Taloda taluka of West Khandesh district shall be taken to mean the area comprised in
that district or taluka, as the case may be, on the 1st day of May, 1960.”.


(7) In the Appendix—


(a) for the heading “II-Bombay”, substitute “II-Gujarat”; and


(b) immediately before the sub-heading “KOLABA District”, insert the heading “II-A

MAHARASHTRA”.


-----

THE FOURTH SCHEDULE


(See section 14)


AMENDMENTS TO THE SECOND SCHEDULE TO THE DELIMITATION OF PARLIAMENTARY AND ASSEMBLY

CONSTITUENCIES ORDER, 1956.


(1) For the heading “4-BOMBAY”, substitute “4-GUJARAT”.


(2) In entry 103, for the words “Sagbara mahal”, substitute “Sagbara taluka”.


(3) For the sub-heading “SURAT DISTRICT” appearing before entry 106 substitute the sub-heading

“SURAT AND DANGS DISTRICTS”.

(4) In entry 114, for the words “Bansda taluka;”, substitute the words “Dangs district; Bansda

taluka;”.

(5) In entry 118, for the words “Pardi taluka” in column 3, substitute the words “Pardi and

Umbergaon talukas”.


(6) After entry 118—


(a) add the following Note:—

“Note.—Any reference in this Part to Broach, Surat or Dangs district or to Sagbara taluka of

Broach district or to Songadh or Umbergaon taluka of Surat district shall be taken to mean the
area comprised in that district or taluka, as the case may be, on the 1st day of May, 1960.”;

(b) after the said Note, insert an Appendix reproducing items (1) to (33) of the existing Appendix

to Part 4 of the Order.

(7) Immediately before the sub-heading “GREATER BOMBAY DISTRICT”, insert the heading “4-A

MAHARASHTRA” to make all following entries, together with the Appendix and Annexure, a separate
Part for the State of Maharashtra.

(8) Omit the asterisk mark before the sub-heading “GREATER BOMBAY DISTRICT” and

foot-notes 1 and 2.


(9) In entry 143, for the words “Dahanu and Umbergaon talukas”, substitute the words “Dahanu

taluka”.

(10) For the sub-heading immediately before entry 228, for the words “NASIK AND DANGS

DISTRICTS”, substitute “NASIK DISTRICT”.


(11) In entry 230, for the words “Peint and Surgana mahals”, substitute the words “Peint mahal”.


(12) In entry 231, for the word “Dangs” in column 2, substitute the word “Kalwan” and for the words

“Dangs district;” in column 3, substitute the words “Surgana mahal”.


(13) In entry 238, for the entry in column 3, substitute “Sakri and Nandurbar talukas”.


(14) In entry 239, for the entry in column 3, substitute “Nawapur taluka”.


(15) For the Note appearing immediately after entry 339, substitute:—


“Note.—(1) Any reference in this Part to Thana or West Khandesh district or to Dahanu taluka of

Thana district or to Nawapur, Nandurbar, Akkalkuwa or Taloda taluka of West Khandesh district
shall be taken to mean the area comprised in that district or taluka, as the case may be, on the 1st day
of May, 1960.

(2) The names of the 77 census wards of Greater Bombay are set out in item (1) of the Appendix;

and a fuller description of the Assembly constituencies Nos. 1 to 21 in terms of roads, streets and
other thoroughfares and of villages is given in item (2) of the Appendix.

(3) The names of the villages in Banoti and Soegaon circles referred to in the Assembly

constituencies Nos. 220 and 221, respectively, are set out in the Annexure to this Part.”.


-----

(16) Renumber entries 119 to 339 as entries 1 to 221 respectively, and the references in those entries

to items (36) to (71) and (73) to (79) of the Appendix as (3) to (45) respectively.


(17) In the Appendix,—


(a) omit items (1) to (33) and the sub-headings thereof;


(b) renumber items (34) to (71) as items (1) to (38) respectively;


(c) omit item (72);


(d) renumber items (73) to (79) as items (39) to (45) respectively; and


(e) in item (2) as so renumbered, renumber the references to Assembly constituencies Nos. 119 to

139 as Nos. 1 to 21 respectively.


-----

THE FIFTH SCHEDULE


(See section 22)


AMENDMENTS TO THE DELIMITATION OF COUNCIL CONSTITUENCIES (BOMBAY) ORDER, 1951.


(1) In paragraph 2, for the word “Bombay” substitute the word “Maharashtra”.


(2) In the Table, omit


(a) the entries relating to—


(i) Gujarat (Graduates) constituency;

(ii) Gujarat (Teachers) constituency;


(iii) Saurashtra (Local Authorities) constituency;


(iv) Gujarat North (Local Authorities) constituency;


(v) Gujarat South (Local Authorities) constituency; and


(b) the word “Dangs” wherever it occurs in column 2.


(3) In the Table, in column 2,—


(a) against “Vidarbha (Graduates)” in column 1, for “Bhandara and Chanda districts,” substitute

“Bhandara, Chanda and Rajura districts”;


(b) against “Vidarbha (Teachers)” in column 1, after “Chanda”, insert “Rajura”;


(c) against “Vidarbha (Local Authorities)” in column 1, for “Bhandara and Chanda districts,”

substitute “Bhandara, Chanda and Rajura districts”.


-----

THE SIXTH SCHEDULE



[See section 23(1)]


SITTING MEMBERS WHO SHALL CEASE TO BE MEMBERS OF THE BOMBAY LEGISLATIVE COUNCIL


(i) Members representing any of the five Constituencies specified in item (2) (a) of the Fifth

Schedule.

(ii) The following members elected by the members of the Bombay Legislative Assembly, namely:—


1. Shri Dadoobhai Amin.


2. Shri Chandrakant Chhotalal Mehta.


3. Shri Gulam Haider Walimohammed Momin.


4. Shrimati Madinabai Akbarbhai Nagori.


5. Shrimati Bhanumatiben Manilal Parekh.


6. Shrimati Anasuya Chhotalal Shah.


7. Shrimati Jyotsnaben Bahusukhram Shukla.


-----

THE SEVENTH SCHEDULE


(See section 26)


AMENDMENTS OF THE CONSTITUTION (SCHEDULED CASTES) ORDER, 1950


(1) For paragraph 4, substitute:—


“4. Any reference in this Order, except Parts IV and VII-A of the Schedule, to a State or to a

district or other territorial division thereof, shall be construed as a reference to the State, district or
other territorial division, constituted as from the 1st day of November, 1956; and any reference in
Parts IV and VII-A of the Schedule to a State or to a district or other territorial division thereof
shall be construed as a reference to the State, district or other territorial division constituted as from
the 1st day of May, 1960”.


(2) For Part IV, substitute the following:—


“PART IV.—Gujarat


1. Throughout the State except the Rajkot Division and the district of Kutch:—


1. Ager


2. Bakad or Bant


3. Bhambi, Bhambhi, Asadaru, Asodi, Chamadia, Chamar, Chambhar, Chamgar, Haralayya,

Harali, Khalpa, Machigar, Mochigar, Madar, Madig, Telegu Mochi, Kamati Mochi, Ranigar,
Rohidas, Rohit or Samgar


4. Bhangi, Mehtar, Olgana, Rukhi, Malkana, Halalkhor, Lalbegi, Balmiki, Korar or Zadmalli


5. Chalvadi or Channayya


6. Chenna Dasar or Holaya Dasar

7. Dhor, Kakkayya or Kankayya


8. Garoda or Garo


9. Halleer


10. Halsar, Haslar, Hulasvar or Halasvar


11. Holar or Valhar

12. Holaya or Holer


13. Lingader


14. Mahar, Taral or Dhegu Megu


15. Mahyavanshi, Dhed, Vankar or Maru Vankar


16. Mang, Matang or Minimadig


17. Mang-Garudi


18. Meghval or Menghvar


19. Mukri


20. Nadia or Hadi


21. Pasi


22. Shenva, Chenva, Sedma or Rawat


23. Tirgar or Tirbanda


24. Turi.


-----

2. In the district of Dangs and Umbergaon taluka of Surat district:—


Mochi.


3. In the Rajkot Division:—


1. Bawa (Dedh) or Dedh-Sadhu


2. Bhangi or Rukhi


3. Chamadia


4. Chamar, Nalia or Rohit


5. Dangashia


6. Garoda


7. Garmatang


8. Hadi


9. Meghwal


10. Senva


11. Shemalia


12. Thori


13. Turi


14. Turi-Barot or Dedh-Barot

15. Vankar, Dhedh or Antyaj.


4. In the district of Kutch:—


1. Bhangi

2. Chamar

3. Garoda


4. Meghwal


5. Turi


6. Turi-Barot.


(3) After Part VII, insert the following:—


“PART VII-A.—Maharashtra


1. Throughout the State except the districts of Buldana, Akola, Amravati, Yeotmal, Wardha, Nagpur,

Bhandara, Chanda, Aurangabad, Parbhani, Nanded, Bhir, Osmanabad and Rajura:—


1. Ager


2. Baked or Bant


3. Bhambi, Bhambhi, Asadaru, Asodi, Chamadia, Chamar, Chambhar, Chamgar, Haralayya, Harali,

Khalpa, Machigar, Mochigar, Madar, Madig, Mochi, Telegu Mochi, Kamati Mochi, Ranigar,
Rohidas, Rohit or Samgar


4. Bhangi, Mehtar, Olgana, Rukhi, Malkana, Halalkhor, Lalbegi, Balmiki, Korar or Zadmalli


5. Chalvadi or Channayya


6. Chenna Dasar or Holaya Dasar


7. Dhor, Kakkayya or Kankayya


-----

8. Garoda or Garo


9. Halleer


10. Halsar, Haslar, Hulasvar or Halasvar


11. Holar or Valhar

12. Holaya or Holer


13. Lingader


14. Mahar, Taral or Dhegu Megu


15. Mahyavanshi, Dhed, Vankar or Maru Vankar


16. Mang, Matang or Minimadig


17. Mang-Garudi


18. Meghval or Menghvar


19. Mukri


20. Nadia or Hadi


21. Pasi


22. Shenva, Chenva, Sedma or Ravat


23. Tirgar or Tirbanda


24. Turi


2. In the districts of Buldana, Akola, Amravati, Yeotmal, Wardha, Nagpur, Bhandara and Chanda:—


1. Bahna or Bahana


2. Balahi or Balai


3. Basor, Burud, Bansor or Bansodi


4. Chamar, Chamari Mochi, Nona, Rohidas, Ramnami, Satnami Surjabanshi or Surjyaramnami


5. Dom or Dumar


6. Dohor


7. Ganda or Gandi

8. Ghasi or Ghasia


9. Kaikadi


10. Katia or Patharia


11. Khatik, Chikwa or Chikvi


12. Madgi


13. Mahar or Mehra


14. Mang, Dankhni-Mang, Mang Mahashi, Mang-Garudi, Madari, Garudi or Radhe-Mang


15. Mehtar or Bhangi


16. Sansi.


3. In the districts of Akola, Amravati and Buldana:—


Bedar.


4. In the district of Bhandara:—


1. Chadar

2. Holiya.


-----

5. In the districts of Bhandara and Buldana:—


Khangar, Kanera or Mirdha.


6. In the districts of Amravati, Bhandara and Buldana:—


Kori.


7. In the districts of Aurangabad, Parbhani, Nanded, Rajura, Bhir and Osmanabad:—


1. Anamuk


2. Aray (Mala)


3. Arwa Mala


4. Beda (Budga) Jangam


5. Bindla


6. Byagara

7. Chalvadi


8. Chambhar


9. Dakkal (Dokkalwar)


10. Dhor


11. Ellamalwar (Yellammalawandlu)


12. Holeya


13. Holeya Dasari

14. Kolupulvandlu

15. Madiga

16. Mahar


17. Mala


18. Mala Dasari


19. Mala Hannai


20. Malajangam


21. Mala Masti


22. Mala Sale (Netkani)


23. Mala Sanyasi


24. Mang


25. Mang Garodi


26. Manne

27. Mashti

28. Mehtar


29. Mitha Ayyalvar


30. Mochi


31. Samagara


32. Sindhollu (Chindollu)”.


-----

THE EIGHTH SCHEDULE


(See section 27)


AMENDMENT OF THE CONSTITUTION (SCHEDULED TRIBES) ORDER, 1960


(1) For paragraph 3, substitute:—


“3. Any reference in this Order, except Parts IV and VII-A of the Schedule, to a State or to a

district or other territorial division thereof, shall be construed as a reference to the State, district or
other territorial division, constituted as from the 1st day of November, 1956; and any reference in
Parts IV and VII-A of the Schedule to a State or to a district or other territorial division thereof shall
be construed as a reference to the State, district or other territorial division, constituted as from the
1st day of May, 1960.”


(2) For Part IV, substitute the following:—


“PART IV.—Gujarat


1. Throughout the State except the Rajkot Division and the district of Kutch:—


1. Barda


2. Bavacha or Bamcha


3. Bhil, including Bhil Garasia, Dholi Bhil, Dungri Bhil, Dungri, Garasia, Mewasi Bhil, Rawal Bhil,

Tadvi Bhil, Bhagalia, Bhilala, Pawra, Vasava and Vasave


4. Chodhara


5. Dhanka, including Tadvi, Tetaria and Valvi


6. Dhodia


7. Dubla, including Talavia or Halpati


8. Gamit or Gamta or Gavit, including Mavchi, Padvi, Vasava, Vasave and Valvi


9. Gond or Rajgond


10. Kathodi or Katkari, including Dhor Kathodi or Dhor Katkari and Son Kathodi or Son Katkari


11. Kokna, Kokni, Kukna


12. [1][Koli Dhor], Tokre Koli, Kolcha or Kolgha


13. Naikda or Nayaka, including Cholivala Nayaka, Kapadia Nayaka, Mota Nayaka and Nana

Nayaka


14. Pardhi, including Advichincher and Phanse Pardhi


15. Patelia

16. Pomla


17. Rathawa


18. Varli


19. Vitolia, Kotwalia or Barodia


2. In Dangs district, Kunbi.


3. In Surat District:—


(a) in Umbergaon taluka, Koli Malhar, Kohi Mahadev or Dongar Koli;


(b) in the other talukas, Chaudhri


4. In the Rajkot Division, Siddi.


1. Subs. by Act 52 of 1964, s. 3 and the Second Schedule, for “Koli, Dhor” (w.e.f. 29-12-1964).


-----

5. In Nasses area in the forests of Alech, Gir and Barada:—


1. Bharwad


2. Charan


3. Rabari


6. In Surendranagar district:—


Padhar.


7. In Kutch district:—


1. Bhil


2. Dhodia


3. Koli


4. Paradhi


5. Vaghri


(3) After Part VII, insert the following:—


“PART VII-A.—Maharashtra


1. Throughout the State except the districts of Buldana, Akola, Amravati, Yeotmal, Wardha, Nagpur,

Bhandara, Chanda, Aurangabad, Parbhani, Nanded, Bhir, Osmanabad and Rajura:—


1. Barda


2. Bavacha or Bamcha


3. Bhil, including Bhil Garasia, Dholi Bhil, Dungri Bhil, Dungri Garasia, Mewasi Bhil, Rawal Bhil,

Tadvi Bhil, Bhagalia, Bhilala, Pawra, Vasava and Vasave


4. Chodhara


5. Dhanka, including Tadvi, Tetaria and Valvi


6. Dhodia


7. Dubla, including Talavia or Halpati


8. Gamit or Gamta or Gavit, including Mavchi, Padvi, Vasava, Vasave and Valvi


9. Gond or Rajgond


10. Kathodi or Katkari, including Dhor Kathodi or Dhor Katkari and Son Kathodi or Son Katkari


11. Kokna, Kokni, Kukna


12. [1][Koli Dhor], Tokre Koli, Kolcha or Kolgha


13. Naikda or Nayaka, including, Cholivala Nayaka, Kapadia Nayaka, Mota Nayaka and Nana

Nayaka


14. Pardhi, including Advichincher and Phanse Pardhi


15. Patelia

16. Pomla


17. Rathawa


18. Varli


1. Subs. by Act 52 of 1964, s. 3 and the Schedule, for “Koli, Dhor” (w.e.f. 29-12-1964).


-----

19. Vitolia, Kotwalia or Barodia


2. In Thana district:—


Koli Malhar


3. (a) In Ahmednagar district:—

Akola, Rahuri and Sangamner talukas.

(b) In Kolaba district:—

Karjat, Khalapur, Alibagh, Mahad and Sudhagad talukas.

(c) In Nasik district:—

Nasik, Niphad, Sinnar, Chandor, Baglan, Igatpuri, Dindori

and Kalvan talukas and Surgana and Peint Mahals.

(d) In Poona district:—

Ambegaon, Junnar, Khed, Mawal and Mulshi talukas and

Velhe Mahal.

(e) In Thana district:—

Thana, Murbad, Bhivandi, Bassein, Wada, Shahapur,

Dahanu, Palghar, Jawhar and Mokhada talukas.

4. (a) In Ahmednagar district:—

Akola, Rahuri and Sangamner talukas.

(b) In Kolaba district:—

Karjat, Khalapur, Pen, Panvel and Sudhagad talukas

and Matheran.

(c) In Nasik district:—

Igatpuri, Nasik and Sinnar talukas.

(d) In Poona district:—

Ambegaon, Junnar, Khed and Mawal talukas.

(e) In Thana district:—

Thana, Kalyan, Murbad, Bhivandi, Bassein, Wada,

Shahapur, Palghar, Jawhar and Mokhada talukas.


Koli Mahadav or Dongar Koli.

Thakur or Thakar including
Ka Thakur, Ka Thakar, Ma
Thakur and Ma Thakar.


5. In (1) Melghat tahsil of Amravati district, (2) Gadchiroli and Sironcha tahsils of the Chanda

district, (3) Kelapur, Wani and Yeotmal tahsils of the Yeotmal district:—

1. Andh

2. Baiga


3. Bhaina


4. Bharia-Bhumia or Bhuinhar-Bhumia including Pando


5. Bhattra


6. Bhil


7. Bhunjia


8. Binjhwar


9. Birhul or Birhor


10. Dhanwar


-----

11. Gadaba or Gadba

12. Gond, including—


Arakh or Arrakh


Agaria


Asur


Badi Maria or Bada Maria


Bhatola


Bhimma


Bhuta, Koilabhuta or Koilabhuti


Bhar


Bisonhorn Maria


Chota Maria


Dandami Maria


Dhuru or Dhurwa


Dhoba

Dhulia

Dorla

Gaiki


Gatta or Gatti


Gaita


Gond Gowari


Hill Maria


Kandra

Kalanga

Khatola


Koitar


Koya


Khirwar or Khirwara


Kucha Maria


Kuchaki Maria

Madia (Maria)


Mana


Mannewer


Moghya or Mogia or Monghya


Mudia (Muria)


Nagarchi


Nagwanshi


-----

Ojha


Raj


Sonjhari Jhareka

Thatia or Thotya


Wade Maria or Vade Maria


13. Halba or Halbi


14. Kamar


15. Kawar, Kanwar, Kaur, Cherwa, Rathia Tanwar or Chattri


16. Khairwar


17. Kharia


18. Kondh or Khond or Kandh


19. Kol


20. Kolam


21. Korku, including Bopchi, Mouasi, Nihal or Nahul and Bondhi or Bondeya


22. Korwa, including Kodaku


23. Majhwar


24. Munda


25. Nagesia or Nagasia


26. Nihal


27. Oraon, including Dhanka and Dhangad


28. Pardhan, Pathari and Saroti


29. Pardhi, including Bahelia or Bahellia, Chita Pardhi, Langoli Pardhi, Phans Pardhi, Shikari,

Takankar and Takia


30. Parja


31. Saonta or Saunta

32. Sawar or Sawara


6. In the districts of Aurangabad, Parbhani, Nanded, Rajura, Bhil and Osmanabad:—


1. Andh


2. Bhil


3. Gond (including Naikpod and Rajgond)


4. Kolam (including Mannervarlu)


5. Koya (including Bhine Koya and Rajkoya)


6. Pardhan


7. Thoti.


-----

THE NINTH SCHEDULE



[See section 45(1)]


I—MODIFIED FORM OF SECTION 3 OF THE UNION DUTIES OF EXCISE (DISTRIBUTION) ACT, 1957


(1) Section 3 of the Union Duties of Excise (Distribution) Act, 1957, shall, as from the 1st day of

May, 1960, have effect subject to the following modifications, namely:—

In the Table below section 3, for the entry relating to Bombay, the

following entries shall be substituted, namely:—

“Maharashtra 8.07

Gujarat 4.10”.

(2) For the purposes of calculating the amount payable under section 3 to Bombay in the first month

of the financial year commencing on the 1st day of April, 1960, and to Maharashtra and Gujarat during
the remaining eleven months of that financial year, the distributable Union duties of excise shall be
deemed to be one-twelfth and eleven-twelfths, respectively, of the distributable Union duties of excise for
that financial year.


II—MODIFIED FORM OF SECTIONS 3 AND 5 OF THE ESTATE DUTY AND TAX ON RAILWAY


PASSENGER FARES (DISTRIBUTION) ACT, 1957


A—Distribution of estate duty


(1) Section 3 of the Estate Duty and Tax on Railway Passenger Fares (Distribution) Act, 1957, shall,

as from the 1st day of May, 1960, have effect subject to the following modifications, namely:—


In clause (b) of sub-section (2), for the entry relating to Bombay, the

following entries shall be substituted, namely:—

“Maharashtra


8.97


Gujarat 4.55”.

(2) For the purposes of calculating the amount payable under sub-section (1) of section 3 to Bombay

in the first month of the financial year commencing on the 1st day of April, 1960, and to Maharashtra and
Gujarat during the remaining eleven months of that financial year, the total amount falling to be
distributed shall be deemed to be one-twelfth and eleven-twelfths, respectively, of the total amount falling
to be distributed for that financial year.


B—Distribution of tax on railway passenger fares


(1) Section 5 of the Estate Duty and Tax on Railway Passenger Fares (Distribution) Act, 1957, shall,

as from the 1st day of May, 1960, have effect subject to the following modifications, namely:—


For the entry relating to Bombay, the following entries shall be

substituted, namely:—

“Maharashtra


10.80


Gujarat 5.48”.

(2) For the purposes of calculating the amount payable under section 5 to Bombay in the first month

of the financial year commencing on the 1st day of April, 1960, and to Maharashtra and Gujarat during
the remaining eleven months of that financial year, the net proceeds of the tax on railway passenger fares
shall be deemed to be one-twelfth and eleven-twelfths, respectively, of the net proceeds of such tax for
that financial year.


-----

III—MODIFIED FORM OF THE SECOND SCHEDULE TO THE ADDITIONAL DUTIES OF EXCISE

(GOODS OF SPECIAL IMPORTANCE) ACT, 1957


A—Distribution of additional duties on sugar


(1) In the Second Schedule, the Table at the end of Part I shall, as from the 1st day of May, 1960,

have effect subject to the following modifications, namely:—

For the entry relating to Bombay, the following entries shall be substituted, namely:—
“Maharashtra 8.07 162 13.37

Gujarat 4.10 83 6.80”.

(2) For the purposes of calculating the amount payable under Part I of the Second Schedule to

Bombay in the first month of the financial year commencing on the 1st day of April, 1960, and to
Maharashtra and Gujarat during the remaining eleven months of that financial year, the net proceeds of
the additional duties in respect of sugar shall be deemed to be one-twelfth and eleven-twelfths,
respectively, of the net proceeds of such duties for that financial year; and in respect of that financial year,
the sums specified in the third column of the Table shall be deemed to have been replaced by 20 for the
first month in relation to Bombay and by 149 for the remaining eleven months in relation to Maharashtra
and by 76 in relation to Gujarat.


B—Distribution of additional duties on tobacco


(1) In the Second Schedule, the Table below paragraph 4 shall, as from the 1st day of May, 1960,

have effect subject to the following modifications, namely:—

For the entries relating to Bombay, the following entries shall be substituted,

namely:—


“Maharashtra


8.07


76


11.54


Gujarat 4.10 39 5.87”.

(2) For the purposes of calculating the amount payable under paragraph 4 to Bombay in the first

month of the financial year commencing on the 1st day of April, 1960, and to Maharashtra and Gujarat
during the remaining eleven months of that financial year, the net proceeds of the additional duties on
tobacco shall be deemed to be one-twelfth and eleven-twelfths, respectively, of the net proceeds of such
duties for that financial year; and in respect of that financial year, the sums specified in the third column
of the Table shall be deemed to have been replaced by 10 for the first month in relation to Bombay and by
70 for the remaining eleven months in relation to Maharashtra, and by 35 in relation to Gujarat.


C—Distribution of additional duties on textiles


(1) In the Second Schedule, the Table at the end of Part III shall, as from the 1st day of May, 1960,

have effect subject to the following modifications, namely:—

For the entry relating to Bombay, the following entries shall be substituted,

namely:—

“Maharashtra 399 10.91

Gujarat 202 5.55”.

(2) For the purposes of calculating the amount payable under Part III of the Second Schedule to

Bombay in the first month of the financial year commencing on the 1st day of April, 1960, and to
Maharashtra and Gujarat during the remaining eleven months of that financial year, the net proceeds of
the additional duties in respect of cotton fabrics, rayon or artificial silk fabrics and woollen fabrics shall
be deemed to be one-twelfth and eleven-twelfths, respectively, of the net proceeds of such duties for that
financial year; and in respect of that financial year the sums specified in the second column of the Table
shall be deemed to have been replaced by 50 for the first month in relation to Bombay and by 365 for the
remaining eleven months in relation to Maharashtra, and by 185 in relation to Gujarat.


-----

IV—MODIFIED FORM OF PARAGRAPH 3 OF THE CONSTITUTION (DISTRIBUTION OF REVENUES)

NO. 2 ORDER, 1957

(1) Paragraph 3 of the Constitution (Distribution of Revenues) No. 2 Order, 1957, shall, as from the

1st day of May, 1960, have effect subject to the following modifications, namely:—

In the Table at the end of paragraph 3, for the entry relating to Bombay, the

following entries shall be substituted, namely:—

“Maharashtra 10.59

Gujarat 5.38”.

(2) For the purposes of calculating the amount payable under paragraph 3 to Bombay in the first

month of the financial year commencing on the 1st day of April, 1960, and to Maharashtra and Gujarat
during the remaining eleven months of that financial year, the net proceeds of taxes on income shall be
deemed to be one-twelfth and eleven-twelfths, respectively, of the net proceeds of taxes on income for
that financial year.


-----

THE TENTH SCHEDULE



[See section 47(2)]


1. Stores held for specific purposes such as for use or utilisation in particular institutions, workshops

or undertakings or on particular works under construction shall pass to the State in which such
institutions, workshops, undertakings or works are located on the appointed day.

2. Stores relating to Sachivalaya and offices of Heads of Departments having, immediately before the

appointed day, jurisdiction over the whole of the State of Bombay shall remain the property of the State
of Maharashtra:

Provided that typewriters, duplicators, clocks and vehicles shall be divided between the States of

Maharashtra and Gujarat according to the population ratio.

3. All other unissued stores, pooled stores, and stores purchased on or after the 1st July, 1959, of any

class shall be divided between the States of Maharashtra and Gujarat in proportion to the total stores of
that class purchased in the period of three years ending with the 31st March, 1960 for the territories
included respectively in each of those 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 Rs. 10,000, that class of stores shall be divided
between the two States according to the population ratio.


-----

THE ELEVENTH SCHEDULE


(See section 59)


APPORTIONMENT OF LIABILITY IN RESPECT OF PENSIONS


1. Subject to the adjustments mentioned in paragraph 3, each of the States of Maharashtra and Gujarat

shall, in respect of pensions granted by the State of Bombay 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 the State of Bombay who retire or proceed on leave preparatory to retirement before
the appointed day, but whose claims for pensions are outstanding immediately before that day, shall be
the liability of the State of Maharashtra.

3. There shall be computed in respect of the part of the financial year commencing on the appointed

day and in respect of each subsequent financial year, the total payments made in each of the States of
Maharashtra and Gujarat in respect of pensions referred to in paragraphs 1 and 2; that total, representing
the liability of the State of Bombay in respect of pensions, shall be apportioned between the States of
Maharashtra and Gujarat 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 the State of Bombay and retiring on or after that day, shall be that 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 the State of Bombay shall be
allocated between the States of Maharashtra and Gujarat 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 the State of Maharashtra and for some period in connection with the affairs of the State of
Gujarat, the Government other than the one granting the pension shall reimburse to the Government by
which the pension is granted on amount which bears to the portion of the pension attributable to his
service after the appointed day the same ratio as the period of his qualifying service after the appointed
day under 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.


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THE TWELFTH SCHEDULE


(See section 73)


1. The Bombay State Cooperative Bank Limited.


2. The Bombay State Cooperative and Mortgage Bank Limited.


3. The Bombay State Cooperative Housing Finance Society.


4. The Bombay State Industrial Cooperative Association.


5. The Bombay State Cooperative Union.


6. Mumbai Rajya Sahakari Karkhana Sangh.


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THE THIRTEENTH SCHEDULE


(See section 79)


1. J. J. College of Architecture, Bombay.

2. J. J. Institute of Applied Art, Bombay.

3. School of Printing Technology, Bombay.

4. Government Tanning Institute, Bombay.


5. Government Leather Working School, Bombay.


6. Veterinary College, Bombay.


7. R. A. Podar Medical College (Ayurvedic), Bombay.


8. C. E. M. Dental College, Bombay.


9. Haffkine Institute, Bombay.


10. Forensic Science Laboratory and Chemical Analysers Department, Bombay.


11. State Fire School, Ghatkopar, Bombay.


12. Secretariat Record Office, Bombay.


13. Mathematical Instruments Depot and Workshop, Bombay.


14. Drugs Testing Laboratory, Bombay.


15. Training Institute for Physical Education, Kandivli, Bombay.


16. J. J. School of Art, Bombay.


17. S. T. College, Bombay.


18. Jail Officers’ Training School, Yeravda, Poona.


19. Alienation Office, Poona.


20. Government Photozinco Press, Poona.


21. Government Photo Registry, Poona.


22. Institute of Veterinary Biological Products, Poona.


23. Police Wireless Training Centre, Dapodi, Poona.


24. Public Health Institute, Nagpur.


25. Vaccine Institute, Nagpur.


26. Bombay State Hemp Drugs and Opium Packing and Supply Depot, Ahmedabad.


27. Police Training School, Nasik.


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