The Bombay Reorganisation Act, 1960
Administered Ministry: Ministry of Home Affairs / Department of States
Section
Section 1 Short title.
This Act may be called the Bombay Reorganisation Act, 1960.
Section 2 Definitions.
In this Act, unless the context otherwise requires,—
(a) "appointed day" means the 1st day of May, 1960;
(b) "article" means an article of the Constitution;
(c) "assembly constituency", "council constituency" and "parliamentary constituency" have the same 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.
(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.
Section 3 Formation of Gujarat State.
(1) As from the appointed day, there shall be formed a new State to be known as the State of Gujarat comprising the following territories of the State of Bombay, namely:—
(a) Banaskantha, Mehsana, Sabarkantha, Ahmedabad, Kaira, 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.
(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.
(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.
(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.
Section 4 Amendment of the First Schedule to the Constitution.
As from the appointed day, in the First Schedule to the Constitution, under the heading "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.
(a) for entry 4, the following entry shall be substituted, namely:
"4. Gujarat The territories referred to in sub-section (1) of section 3 of the Bombay Reorganisation Act, 1960.";
(b) after entry 7, the following entry shall be inserted, namely:
"8. Maharashtra The territories specified in sub-section (1) of section 8 of the States Reorganisation Act, 1956, but excluding the territories referred to in sub-section (1) of section 3 of the Bombay Reorganisation Act, 1960."; and
(c) entries 8 to 14 shall be renumbered as entries 9 to 15 respectively.
Section 5 Saving powers of State Government.
Nothing in the foregoing provisions of this Part shall be deemed to affect the power of the State Government to alter, after the appointed day, the name, extent or boundaries of any district, taluka or village in the State.
Section 6 Amendment of the Fourth Schedule to the Constitution.
As from the appointed day, there shall be allotted 19 seats to the State of Maharashtra, and 11 seats to the State of Gujarat, in the Council of States, and in the Fourth Schedule to the Constitution, in the Table,—
(a) for entry 4, the following entry shall be 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.
(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.
Section 7 Allocation of sitting members.
(1) The twelve sitting members of the Council of States representing the State of Bombay, whose names are specified in Part I of the Second Schedule, and such six of the nine sitting members elected to represent that State at the biennial elections held for the purpose of filling the vacancies existing on the 3rd day of April, 1960, as the Chairman of the Council of States shall by order specify shall, as from the appointed day, be deemed to have been duly elected to fill eighteen of the nineteen seats allotted to the State of Maharashtra.
(2) The five sitting members of the Council of States representing the State of Bombay, whose names are specified in 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.
(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.
Section 8 Bye-elections to fill vacancies.
As soon as may be after the appointed day, bye-elections shall be held to fill the additional seats allotted to the States of Maharashtra and Gujarat as well as the existing casual vacancy in the seats allotted to the State of Gujarat.
Section 9 Term of office.
(1) The term of office of the sitting members and of the member chosen to fill the casual vacancy shall remain unaltered.
(2) The term of office of the member elected to fill the one additional seat allotted to the State of Maharashtra shall expire on the 2nd day of April, 1966.
(3) Out of the two members elected to fill the two additional seats allotted to the State of Gujarat, the term of office of that member who, at the counting of votes, is last declared elected, or if an equality of votes is found to exist, the term of office of such one of them as the returning officer shall decide by lot, shall expire on the 2nd day of April, 1964 and the term of office of the other member shall expire on the 2nd day of April, 1966.
(2) The term of office of the member elected to fill the one additional seat allotted to the State of Maharashtra shall expire on the 2nd day of April, 1966.
(3) Out of the two members elected to fill the two additional seats allotted to the State of Gujarat, the term of office of that member who, at the counting of votes, is last declared elected, or if an equality of votes is found to exist, the term of office of such one of them as the returning officer shall decide by lot, shall expire on the 2nd day of April, 1964 and the term of office of the other member shall expire on the 2nd day of April, 1966.
Section 10 Representation in the House of the People.
As from the appointed day, there shall be allotted 44 seats to the State of Maharashtra, and 22 seats to the State of Gujarat, in the House of the People, and in the First Schedule to the Representation of the People Act, 1950 (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
(a) for entry 4, the following entry shall be substituted, namely:—
"4. Gujarat . . 22";
(b) after entry 7, the following entry shall be inserted, namely:—
"8. Maharashtra . . 44"; and
(c) entries 8 to 22 shall be renumbered as entries 9 to 23 respectively
Section 11 Delimitation of parliamentary constituencies.
As from the appointed day, the First Schedule to the Delimitation of Parliamentary and Assembly Constituencies Order, 1956, shall stand amended as directed in the Third Schedule to this Act.
Section 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.
Section 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.
(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.
Section 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.
Section 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.
(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.
(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.
Section 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.
Section 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.
(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.
Section 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.
Section 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
(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.
(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
(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.
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).
2 Subs. by s. 6, ibid., for sub-section (3) (w.e.f. 9-3-1961).
Section 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.