The Bombay Reorganisation Act, 1960
Administered Ministry: Ministry of Home Affairs / Department of States
Section
Section 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".
(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".
Section 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.
Section 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.
(2) The term of office of the members referred to in clause (b) of sub-section (1) shall remain unaltered.
(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.
(2) The term of office of the members referred to in clause (b) of sub-section (1) shall remain unaltered.
Section 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.
(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.
Section 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.
(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.
Section 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.
Section 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.
Section 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.
(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.
Section 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.
(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.
Section 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.
Section 31 Repealed.
[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).
Section 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:
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.
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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 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.
(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.
Section 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.
Section 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.
(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.
Section 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.