The Punjab Reorganisation Act, 1966
Administered Ministry: Ministry of Home Affairs / Department of States
Section
Section 21 Council constituencies.
On and from the appointed day, the Delimitation of Council Constituencies (Punjab) Order, 1951, shall stand amended as directed in the Sixth Schedule.
Section 22 Provision as to certain sitting members.
(1) On the appointed day, the sitting members of the Legislative Council of Punjab specified in the Seventh Schedule shall cease to be members of that Council.
(2) On and from the appointed day, all sitting members of the Legislative Council of Punjab, other than those referred to in sub-section (1), shall continue to be members of that Council.
(3) Any of the sitting members continuing as aforesaid, representing a council constituency the extent of which is altered by virtue of the provisions of section 21 shall be deemed to have been elected to the Legislative Council of Punjab by that constituency as so altered.
(4) Every sitting member of the said Council representing immediately before the appointed day any of the council constituencies specified in column (1) of the Table below shall be deemed to have been elected to the said Council by the council constituency specified against that constituency in column (2) of the said Table:—
TABLE
(1) (2)
Punjab West Central Graduates Punjab Central Graduates.
Punjab East Central Graduates Punjab South Graduates.
Punjab West Central Teachers Punjab Central Teachers.
Punjab East Central Teachers Punjab South Teachers.
Patiala Local Authorities Patiala-cum-Rupar Local Authorities.
(5) The term of office of the members referred to in sub-section (2) shall remain unaltered.
(6) As soon as may be after the appointed day, elections shall be held to fill the vacancies existing on the appointed day in the seats allotted to the several council constituencies by the Delimitation of Council Constituencies (Punjab) Order, 1951, as amended by this Act and to fill the vacancy existing on that day in the seats to be filled by persons elected by the members of the Legislative Assembly.
(7) The term of office of the three members so elected from Ferozepur Local Authorities constituency, Jullundur Local Authorities constitutency and Ludhiana Local Authorities constituency and of the member so elected by the members of the Legislative Assembly shall expire on the 26th day of April, 1968, and the term of office of the member so elected from Patiala-cum-Rupar Local Authorities constituency shall expire on the 26th day of April, 1972.
(8) The person who immediately before the appointed day is the Chairman of the Legislative Council of Punjab shall continue to be the Chairman of that Council on and from that day.
(9) As soon as may be after the appointed day, the Legislative Council of Punjab shall choose one of its members to be the Deputy Chairman thereof.
(2) On and from the appointed day, all sitting members of the Legislative Council of Punjab, other than those referred to in sub-section (1), shall continue to be members of that Council.
(3) Any of the sitting members continuing as aforesaid, representing a council constituency the extent of which is altered by virtue of the provisions of section 21 shall be deemed to have been elected to the Legislative Council of Punjab by that constituency as so altered.
(4) Every sitting member of the said Council representing immediately before the appointed day any of the council constituencies specified in column (1) of the Table below shall be deemed to have been elected to the said Council by the council constituency specified against that constituency in column (2) of the said Table:—
TABLE
(1) (2)
Punjab West Central Graduates Punjab Central Graduates.
Punjab East Central Graduates Punjab South Graduates.
Punjab West Central Teachers Punjab Central Teachers.
Punjab East Central Teachers Punjab South Teachers.
Patiala Local Authorities Patiala-cum-Rupar Local Authorities.
(5) The term of office of the members referred to in sub-section (2) shall remain unaltered.
(6) As soon as may be after the appointed day, elections shall be held to fill the vacancies existing on the appointed day in the seats allotted to the several council constituencies by the Delimitation of Council Constituencies (Punjab) Order, 1951, as amended by this Act and to fill the vacancy existing on that day in the seats to be filled by persons elected by the members of the Legislative Assembly.
(7) The term of office of the three members so elected from Ferozepur Local Authorities constituency, Jullundur Local Authorities constitutency and Ludhiana Local Authorities constituency and of the member so elected by the members of the Legislative Assembly shall expire on the 26th day of April, 1968, and the term of office of the member so elected from Patiala-cum-Rupar Local Authorities constituency shall expire on the 26th day of April, 1972.
(8) The person who immediately before the appointed day is the Chairman of the Legislative Council of Punjab shall continue to be the Chairman of that Council on and from that day.
(9) As soon as may be after the appointed day, the Legislative Council of Punjab shall choose one of its members to be the Deputy Chairman thereof.
Section 23 Allocation of seats in the House of the People.
In the House of the People to be constituted after the commencement of this Act, there shall be allotted,—
(a) nine seats to the State of Haryana of which two seats shall be reserved for the Scheduled Castes;
(b) thirteen seats to the State of Punjab of which three seats shall be reserved for the Scheduled Castes;
(c) six seats to the Union territory of Himachal Pradesh of which one seat shall be reserved for the Scheduled Castes; and
(d) one seat to the Union territory of Chandigarh which shall form one Parliamentary constituency.
(a) nine seats to the State of Haryana of which two seats shall be reserved for the Scheduled Castes;
(b) thirteen seats to the State of Punjab of which three seats shall be reserved for the Scheduled Castes;
(c) six seats to the Union territory of Himachal Pradesh of which one seat shall be reserved for the Scheduled Castes; and
(d) one seat to the Union territory of Chandigarh which shall form one Parliamentary constituency.
Section 24 Allocation of seats in the Legislative Assembly. 1 docs
(1) The total number of seats in the Legislative Assembly of Haryana to be constituted at any time after the appointed day, to be filled by persons chosen by direct election from territorial constituencies, shall be eighty-one of which fifteen seats shall be reserved for the Scheduled Castes.
(2) The total number of seats in the Legislative Assembly of Punjab to be constituted at any time after the appointed day, to be filled by persons chosen by direct election from territorial constituencies, shall be one hundred and four of which twenty-three seats shall be reserved for the Scheduled Castes.
(3) The total number of seats in the Legislative Assembly of Himachal Pradesh to be constituted at any time after the appointed day, to be filled by persons chosen by direct election from territorial constituencies, shall be sixty of which fourteen seats shall be reserved for the Scheduled Castes and three seats shall be reserved for the Scheduled Tribes.
(2) The total number of seats in the Legislative Assembly of Punjab to be constituted at any time after the appointed day, to be filled by persons chosen by direct election from territorial constituencies, shall be one hundred and four of which twenty-three seats shall be reserved for the Scheduled Castes.
(3) The total number of seats in the Legislative Assembly of Himachal Pradesh to be constituted at any time after the appointed day, to be filled by persons chosen by direct election from territorial constituencies, shall be sixty of which fourteen seats shall be reserved for the Scheduled Castes and three seats shall be reserved for the Scheduled Tribes.
Section 25 Delimitation of constituencies.
(1) The Delimitation Commission shall, in the manner herein provided, distribute the seats in the House of the People allotted to Haryana, Punjab and Himachal Pradesh under section 23 and the seats assigned to the Legislative Assembly of each of them under section 24 to single-member territorial constituencies and delimit them on the basis of the latest census figures, having regard to the provisions of the Constitution and to the following provisions, namely:—
(a) all 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;
(b) every assembly constituency shall be so delimited as to fall wholly within one parliamentary constituency;
(c) constituencies in which seats are reserved for the Scheduled Castes shall be distributed in different parts of the State or Union territory, as the case may be, and located, as far as practicable, in those areas where the proportion of their population to the total population is comparatively large; and
(d) constituencies in which seats are reserved for the Scheduled Tribes shall, as far as practicable, be located in areas where the proportion of their population to the total population is the largest.
(2) For the purpose of assisting it in the performance of its functions under sub-section (1), the Delimitation Commission shall associate with itself in respect of each State and Union territory such six persons as the Central Government may by order specify, being persons who are members either of the House of the People or of the Legislative Assembly of Haryana, Punjab or Himachal Pradesh:
Provided that such persons shall be chosen, as far as practicable, from among those members who were associated before the commencement of this Act with the Delimitation Commission in delimiting constituencies of Punjab or Himachal Pradesh:
Provided further that none of the associate members shall have a right to vote or to sign any decision of the Delimitation Commission.
(3) The Delimitation Commission shall, by one or more orders, determine the delimitation of the parliamentary and assembly constituencies referred to in sub-section (1).
(4) The provisions of sections 7, 10 and 11 of the Delimitation Commission Act, 1962 (61 of 1962), shall apply in relation to the delimitation of parliamentary and assembly constituencies under this Part as they apply in relation to the delimitation of parliamentary and assembly constituencies under the said Act.
(5) Upon publication in the Gazette of India of the order or orders of the Delimitation Commission made under sub-section (3), the orders previously made by it delimiting the parliamentary and assembly constituencies of Punjab and Himachal Pradesh shall stand cancelled.
(a) all 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;
(b) every assembly constituency shall be so delimited as to fall wholly within one parliamentary constituency;
(c) constituencies in which seats are reserved for the Scheduled Castes shall be distributed in different parts of the State or Union territory, as the case may be, and located, as far as practicable, in those areas where the proportion of their population to the total population is comparatively large; and
(d) constituencies in which seats are reserved for the Scheduled Tribes shall, as far as practicable, be located in areas where the proportion of their population to the total population is the largest.
(2) For the purpose of assisting it in the performance of its functions under sub-section (1), the Delimitation Commission shall associate with itself in respect of each State and Union territory such six persons as the Central Government may by order specify, being persons who are members either of the House of the People or of the Legislative Assembly of Haryana, Punjab or Himachal Pradesh:
Provided that such persons shall be chosen, as far as practicable, from among those members who were associated before the commencement of this Act with the Delimitation Commission in delimiting constituencies of Punjab or Himachal Pradesh:
Provided further that none of the associate members shall have a right to vote or to sign any decision of the Delimitation Commission.
(3) The Delimitation Commission shall, by one or more orders, determine the delimitation of the parliamentary and assembly constituencies referred to in sub-section (1).
(4) The provisions of sections 7, 10 and 11 of the Delimitation Commission Act, 1962 (61 of 1962), shall apply in relation to the delimitation of parliamentary and assembly constituencies under this Part as they apply in relation to the delimitation of parliamentary and assembly constituencies under the said Act.
(5) Upon publication in the Gazette of India of the order or orders of the Delimitation Commission made under sub-section (3), the orders previously made by it delimiting the parliamentary and assembly constituencies of Punjab and Himachal Pradesh shall stand cancelled.
Section 26 Amendment of article 371 of the Constitution.
.On and from the appointed day, in article 371 of the Constitution, in clause (1), the words "or Punjab" shall be omitted.
Section 27 Amendment of Scheduled Castes Orders.
(1) On and from the appointed day, the Constitution (Scheduled Castes) Order, 1950, shall stand amended as directed in the Eighth Schedule.
(2) On and from the appointed day, the Constitution (Scheduled Castes) (Union Territories) Order, 1951, shall stand amended as directed in the Ninth Schedule.
(2) On and from the appointed day, the Constitution (Scheduled Castes) (Union Territories) Order, 1951, shall stand amended as directed in the Ninth Schedule.
Section 28 Amendment of Scheduled Tribes Orders.
(1) On and from the appointed day, the Constitution (Scheduled Tribes) Order, 1950, shall stand amended as directed in the Tenth Schedule.
(2) On and from the appointed day, the Constitution (Scheduled Tribes) (Union Territories) Order, 1951, shall stand amended as directed in the Eleventh Schedule.
(2) On and from the appointed day, the Constitution (Scheduled Tribes) (Union Territories) Order, 1951, shall stand amended as directed in the Eleventh Schedule.
Section 29 Common High Court for Punjab, Haryana and Chandigarh.
(1) On and from the appointed day,—
(a) there shall be a common High Court for the States of Punjab and Haryana and for the Union territory of Chandigarh to be called the High Court of Punjab and Haryana (hereinafter referred to as the common High Court);
(b) the Judges of the High Court of Punjab holding office immediately before that day shall, unless they have elected otherwise, become on that day the Judges of the common High Court.
(2) The expenditure in respect of salaries and allowances of the Judges of the common High Court shall be allocated amongst the States of Punjab and Haryana and the Union territory of Chandigarh in such proportion as the President may, by order, determine.
(a) there shall be a common High Court for the States of Punjab and Haryana and for the Union territory of Chandigarh to be called the High Court of Punjab and Haryana (hereinafter referred to as the common High Court);
(b) the Judges of the High Court of Punjab holding office immediately before that day shall, unless they have elected otherwise, become on that day the Judges of the common High Court.
(2) The expenditure in respect of salaries and allowances of the Judges of the common High Court shall be allocated amongst the States of Punjab and Haryana and the Union territory of Chandigarh in such proportion as the President may, by order, determine.
Section 30 Jurisdiction of the common High Court.
On and from the appointed day, the common High Court shall have, in respect of the territories comprised in the States of Punjab and Haryana and the Union territory of Chandigarh, all such jurisdiction, powers and authority as, under the law in force immediately before the appointed day, are exercisable in respect of those territories by the High Court of Punjab and shall, save as otherwise provided in this Part, have no jurisdiction in respect of the transferred territory.
Section 31 Special provision relating to Bar Council and Advocates.
(1) On and from the appointed day,—
(a) in the Advocates Act, 1961 (25 of 1961), in sub-section (1) of section 3, for clause (d), the following clause shall be substituted, namely:—
“(d) for the States of Punjab and Haryana and the Union territories of Chandigarh and Himachal Pradesh, to be known as the Bar Council of Punjab and Haryana”;
(b) the Bar Council of Punjab shall be deemed to be the Bar Council of Punjab and Haryana with the Advocate-General of the State of Haryana also as an ex officio member.
(2) Any person who immediately before the appointed day is an advocate entitled to practice in the High Court of Punjab shall be entitled to practise as an advocate in the common High Court.
(3) All persons who immediately before the appointed day are advocates on the roll of the Bar Council of Punjab shall, as from that day, become advocates on the roll of the Bar Council of Punjab and Haryana.
(4) The right of audience in the common High Court shall be regulated in accordance with the like principles as immediately before the appointed day are in force with respect to the right of audience in the High Court of Punjab:
Provided that as between the Advocate-General of Punjab and the Advocate-General of Haryana, the right of audience shall be determined with reference to their dates of enrolment as advocates.
(a) in the Advocates Act, 1961 (25 of 1961), in sub-section (1) of section 3, for clause (d), the following clause shall be substituted, namely:—
“(d) for the States of Punjab and Haryana and the Union territories of Chandigarh and Himachal Pradesh, to be known as the Bar Council of Punjab and Haryana”;
(b) the Bar Council of Punjab shall be deemed to be the Bar Council of Punjab and Haryana with the Advocate-General of the State of Haryana also as an ex officio member.
(2) Any person who immediately before the appointed day is an advocate entitled to practice in the High Court of Punjab shall be entitled to practise as an advocate in the common High Court.
(3) All persons who immediately before the appointed day are advocates on the roll of the Bar Council of Punjab shall, as from that day, become advocates on the roll of the Bar Council of Punjab and Haryana.
(4) The right of audience in the common High Court shall be regulated in accordance with the like principles as immediately before the appointed day are in force with respect to the right of audience in the High Court of Punjab:
Provided that as between the Advocate-General of Punjab and the Advocate-General of Haryana, the right of audience shall be determined with reference to their dates of enrolment as advocates.
Section 32 Practice and procedure in common 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 Punjab shall, with the necessary modifications, apply in relation to the common High Court.
Section 33 Custody of seal of common High Court.
The law in force immediately before the appointed day with respect to the custody of the seal of the High Court of Punjab shall, with the necessary modifications, apply with respect to the custody of the seal of the common High Court.
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 Punjab shall, with the necessary modifications, apply with respect to the form of writs and other processes used, issued or awarded by the common High Court.
Section 35 Powers of Judges.
The law in force immediately before the appointed day with respect to the powers of the Chief Justice, single Judges and division courts of the High Court of Punjab and with respect to all matters ancillary to the exercise of those powers shall, with the necessary modifications, apply in relation to the common High Court.
Section 36 Principal seat and other places of sitting of the common High Court.
(1) The principal seat of the common High Court shall, unless otherwise determined by the President after consultation with the Chief Justice of that High Court and the Governors of Punjab and Haryana, be at the same place as the principal seat of the High Court of Punjab immediately before the appointed day.
(2) The President may, after consultation with the Chief Justice of the common High Court and the Governors of the States of Punjab and Haryana, by notified order, provide for the establishment of a permanent bench or benches of that High Court at one or more places within the territories to which the jurisdiction of the High Court extends, other than the principal seat of the High Court, and for any matters connected therewith.
(3) Notwithstanding anything contained in sub-section (1) or sub-section (2), the Judges and division courts of the common High Court may also sit at such other place or places in the States of Punjab and Haryana as the Chief Justice may, with the approval of the Governors of the States of Punjab and Haryana, appoint.
(2) The President may, after consultation with the Chief Justice of the common High Court and the Governors of the States of Punjab and Haryana, by notified order, provide for the establishment of a permanent bench or benches of that High Court at one or more places within the territories to which the jurisdiction of the High Court extends, other than the principal seat of the High Court, and for any matters connected therewith.
(3) Notwithstanding anything contained in sub-section (1) or sub-section (2), the Judges and division courts of the common High Court may also sit at such other place or places in the States of Punjab and Haryana as the Chief Justice may, with the approval of the Governors of the States of Punjab and Haryana, appoint.
Section 37 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 Punjab and the Judges and division courts thereof, shall, with the necessary modifications, apply in relation to the common High Court.
Section 38 Extension of jurisdiction of the Court of Judicial Commissioner for Himachal Pradesh.
On and from the appointed day, the jurisdiction of the Court of the Judicial Commissioner for Himachal Pradesh shall extend to the transferred territory.
Section 39 Transfer of pending proceedings.
(1) All proceedings pending in the High Court of Punjab immediately before the appointed day shall, on that day, stand transferred to the common High Court.
(2) Such proceedings which stand transferred to the common High Court under sub-section (1) as are certified by the Chief Justice of the common 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 Court of the Judicial Commissioner for Himachal Pradesh shall, as soon as may be after such certification, be transferred to the Court of the Judicial Commissioner for Himachal Pradesh.
(3) Notwithstanding anything contained in the foregoing provisions of this Part, but save as hereinafter provided, the common High Court shall have, and the Court of the Judicial Commissioner for Himachal Pradesh 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 Punjab before the appointed day:
Provided that if, after any such proceedings have been entertained by the common High Court, it appears to the Chief Justice of that High Court that they ought to be transferred to the Court of the Judicial Commissioner for Himachal Pradesh, he shall order that they shall be so transferred, and such proceedings shall thereupon be transferred accordingly.
(4) Any order—
(a) made by the High Court of Punjab before the appointed day, in any proceeding transferred to the Court of the Judicial Commissioner for Himachal Pradesh by virtue of sub-section (2), or
(b) made by the common High Court in any proceeding with respect to which that High Court has jurisdiction by virtue of sub-section (3),
shall for all purposes have effect not only as an order of the High Court of Punjab or, as the case may be, of the common High Court, but also as an order made by the Court of the Judicial Commissioner for Himachal Pradesh.
(2) Such proceedings which stand transferred to the common High Court under sub-section (1) as are certified by the Chief Justice of the common 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 Court of the Judicial Commissioner for Himachal Pradesh shall, as soon as may be after such certification, be transferred to the Court of the Judicial Commissioner for Himachal Pradesh.
(3) Notwithstanding anything contained in the foregoing provisions of this Part, but save as hereinafter provided, the common High Court shall have, and the Court of the Judicial Commissioner for Himachal Pradesh 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 Punjab before the appointed day:
Provided that if, after any such proceedings have been entertained by the common High Court, it appears to the Chief Justice of that High Court that they ought to be transferred to the Court of the Judicial Commissioner for Himachal Pradesh, he shall order that they shall be so transferred, and such proceedings shall thereupon be transferred accordingly.
(4) Any order—
(a) made by the High Court of Punjab before the appointed day, in any proceeding transferred to the Court of the Judicial Commissioner for Himachal Pradesh by virtue of sub-section (2), or
(b) made by the common High Court in any proceeding with respect to which that High Court has jurisdiction by virtue of sub-section (3),
shall for all purposes have effect not only as an order of the High Court of Punjab or, as the case may be, of the common High Court, but also as an order made by the Court of the Judicial Commissioner for Himachal Pradesh.
Section 40 Interpretation.
For the purposes of this Part,—
(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; and
(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; and
(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.