The Uttar Pradesh Reorganisation Act, 2000
Administered Ministry: Ministry of Home Affairs / Department of States
Section
Section 1 Short title.
This Act may be called the Uttar Pradesh Reorganisation Act, 2000.
Section 2 Definitions. 1 docs
In this Act, unless the context otherwise requires,—
(a) "appointed day" 1 means the day which the Central Government may, by notification in the Official Gazette, appoint;
(b) "article" means an article of the Constitution;
(c) "assembly constituency", "council constituency" and "parliamentary constituency" have the same meanings as in the Representation of the People Act, 1950 (43 of 1950);
(d) "Election Commission" means the Election Commission appointed by the President under article 324;
(e) "existing State of Uttar Pradesh" means the State of Uttar Pradesh as existing immediately before the appointed day;
(f) "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 existing State of Uttar Pradesh;
(g) "notified order" means an order published in the Official Gazette;
(h) "population ratio", in relation to the States of Uttar Pradesh and Uttaranchal, means the ratio of 1321:70;
(i) "sitting member", in relation to either House of Parliament or of the Legislature of the existing State of Uttar Pradesh, means a person who immediately before the appointed day, is a member of that House;
(j) "successor State", in relation to the existing State of Uttar Pradesh, means the State of Uttar Pradesh or Uttaranchal;
(k) "transferred territory" means the territory which on the appointed day is transferred from the existing State of Uttar Pradesh to the State of Uttaranchal;
(l) "treasury" includes a sub-treasury; and
(m) any reference to a district, tehsil or other territorial division of the existing State of Uttar Pradesh shall be construed as a reference to the area comprised within that territorial division on the appointed day.
(a) "appointed day" 1 means the day which the Central Government may, by notification in the Official Gazette, appoint;
(b) "article" means an article of the Constitution;
(c) "assembly constituency", "council constituency" and "parliamentary constituency" have the same meanings as in the Representation of the People Act, 1950 (43 of 1950);
(d) "Election Commission" means the Election Commission appointed by the President under article 324;
(e) "existing State of Uttar Pradesh" means the State of Uttar Pradesh as existing immediately before the appointed day;
(f) "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 existing State of Uttar Pradesh;
(g) "notified order" means an order published in the Official Gazette;
(h) "population ratio", in relation to the States of Uttar Pradesh and Uttaranchal, means the ratio of 1321:70;
(i) "sitting member", in relation to either House of Parliament or of the Legislature of the existing State of Uttar Pradesh, means a person who immediately before the appointed day, is a member of that House;
(j) "successor State", in relation to the existing State of Uttar Pradesh, means the State of Uttar Pradesh or Uttaranchal;
(k) "transferred territory" means the territory which on the appointed day is transferred from the existing State of Uttar Pradesh to the State of Uttaranchal;
(l) "treasury" includes a sub-treasury; and
(m) any reference to a district, tehsil or other territorial division of the existing State of Uttar Pradesh shall be construed as a reference to the area comprised within that territorial division on the appointed day.
1. 9th November, 2000, vide notification No. S.O. 950(E), dated 20th October, 2000, see Gazette of India, Extraordinary, Part II, sec. 3(ii).
Section 3 Formation of Uttaranchal State.
On and from the appointed day, there shall be formed a new State to be known as the State of Uttaranchal comprising the following territories of the existing State of Uttar Pradesh, namely:—
Pauri Garhwal, Tehri Garhwal, Uttar Kashi, Chamoli, Dehradun, Nainital, Almora, Pithoragarh, Udham Singh Nagar, Bageshwar, Champawat, Rudraprayag and Hardwar districts,
and thereupon the said territories shall cease to form part of the existing State of Uttar Pradesh.
Pauri Garhwal, Tehri Garhwal, Uttar Kashi, Chamoli, Dehradun, Nainital, Almora, Pithoragarh, Udham Singh Nagar, Bageshwar, Champawat, Rudraprayag and Hardwar districts,
and thereupon the said territories shall cease to form part of the existing State of Uttar Pradesh.
Section 4 State of Uttar Pradesh and territorial divisions thereof.
On and from the appointed day, the State of Uttar Pradesh shall comprise the territories of the existing State of Uttar Pradesh other than those specified in section 3.
Section 5 Amendment of the First Schedule to the Constitution.
On and from the appointed day, in the First Schedule to the Constitution, under the heading "I. THE STATES",
(a) in the paragraph relating to the territories of the State of Uttar Pradesh, after the words, brackets and figures "clause (a) of sub-section (1) of section 3 of the Bihar and Uttar Pradesh (Alteration of Boundaries) Act, 1968 (24 of 1968), the following shall be inserted, namely:--
"and the territories specified in section 3 of the Uttar Pradesh Reorganisation Act, 2000";
(b) after entry 26, the following entry shall be inserted, namely:--
"27. Uttaranchal: The territories specified in section 3 of the Uttar Pradesh Reorganisation Act, 2000.".
(a) in the paragraph relating to the territories of the State of Uttar Pradesh, after the words, brackets and figures "clause (a) of sub-section (1) of section 3 of the Bihar and Uttar Pradesh (Alteration of Boundaries) Act, 1968 (24 of 1968), the following shall be inserted, namely:--
"and the territories specified in section 3 of the Uttar Pradesh Reorganisation Act, 2000";
(b) after entry 26, the following entry shall be inserted, namely:--
"27. Uttaranchal: The territories specified in section 3 of the Uttar Pradesh Reorganisation Act, 2000.".
Section 6 Saving powers of State Governments.
Nothing in the foregoing provisions of this Part shall be deemed to affect the power of the Government of Uttar Pradesh or Uttaranchal to alter, after the appointed day, the name, area or boundaries of any district or other territorial division in the State.
Section 7 Amendment of the Fourth Schedule to the Constitution.
On and from the appointed day, in the Fourth Schedule to the Constitution, in the Table,—
(a) entries 17 to 28 shall be renumbered as entries 18 to 29 respectively;
(b) in entry 16, for the figures "34", the figures "31" shall be substituted;
(c) after entry 16, the following entry shall be inserted, namely:—
"17.Uttaranchal ....................................................................3".
(a) entries 17 to 28 shall be renumbered as entries 18 to 29 respectively;
(b) in entry 16, for the figures "34", the figures "31" shall be substituted;
(c) after entry 16, the following entry shall be inserted, namely:—
"17.Uttaranchal ....................................................................3".
Section 8 Allocation of sitting members.
(1) On and from the appointed day, thirty-four sitting members of the Council of States representing the existing State of Uttar Pradesh shall be deemed to have been elected to fill the seats allotted to the States of Uttar Pradesh and Uttaranchal, as specified in the First Schedule to this Act.
(2) The term of office of such sitting members shall remain unaltered.
(2) The term of office of such sitting members shall remain unaltered.
Section 9 Representation in the House of the people.
On and from the appointed day, there shall be allocated 80 seats to the successor State of Uttar Pradesh, and 5 to the successor State of Uttaranchal, in the House of the People, and the First Schedule to the Representation of the People Act, 1950 (43 of 1950) shall be deemed to be amended accordingly.
Section 10 Delimitation of Parliamentary and Assembly Constituencies.
On and from the appointed day, the Delimitation of Parliamentary and Assembly Constituencies Order, 1976, shall stand amended as directed in the Second Schedule to this Act.
Section 11 Provisions as to sitting members.
(1) Every sitting member of the House of the People representing a constituency which, on the appointed day by virtue of the provisions of section 10, stands allotted, with or without alteration of boundaries, to the successor State of Uttar Pradesh or Uttaranchal, shall be deemed to have been elected to the House of the People by that constituency as so allotted.
(2) The term of office of such sitting members shall remain unaltered.
(2) The term of office of such sitting members shall remain unaltered.
Section 12 Provisions as to Legislative Assemblies.
(1) The number of seats as on the appointed day in the Legislative Assemblies of the States of Uttar Pradesh and Uttaranchal shall be four hundred and three and seventy respectively.
(2) In the Second Schedule to the Representation of the People Act, 1950 (43 of 1950), under heading "I. States"—
(a) entries 25 and 26 shall be renumbered as entries 26 and 27 respectively;
(b) after entry 24, the following entry shall be inserted, namely:—
1 5
“25. Uttaranchal.......................…......... 70”;
(c) in entry 26 as so renumbered, for the figures "425", the figures "403" shall be substituted.
(2) In the Second Schedule to the Representation of the People Act, 1950 (43 of 1950), under heading "I. States"—
(a) entries 25 and 26 shall be renumbered as entries 26 and 27 respectively;
(b) after entry 24, the following entry shall be inserted, namely:—
1 5
“25. Uttaranchal.......................…......... 70”;
(c) in entry 26 as so renumbered, for the figures "425", the figures "403" shall be substituted.
Section 13 Allocation of sitting members.
(1) Every sitting member of the Legislative Assembly of the existing State of Uttar Pradesh elected to fill a seat in that Assembly from a constituency which on the appointed day by virtue of the provisions of section 10 stands allotted, with or without alteration of boundaries, to the State of Uttaranchal shall, on and from that day, cease to be a member of the Legislative Assembly of Uttar Pradesh and shall be deemed to have been elected to fill a seat in the provisional Legislative Assembly of Uttaranchal from that constituency as so allotted.
(2) All other sitting members of the Legislative Assembly of the existing State of Uttar Pradesh shall continue to be members of the Legislative Assembly of that State 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 10 shall be deemed to have been elected to the Legislative Assembly of Uttar Pradesh by that constituency as so altered.
(3) Notwithstanding anything contained in any other law for the time being in force, the Legislative Assemblies of Uttar Pradesh and Uttaranchal shall be deemed to be duly constituted on the appointed day.
(4) The sitting member of the Legislative Assembly of the existing State of Uttar Pradesh 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 Uttar Pradesh under that article.
(2) All other sitting members of the Legislative Assembly of the existing State of Uttar Pradesh shall continue to be members of the Legislative Assembly of that State 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 10 shall be deemed to have been elected to the Legislative Assembly of Uttar Pradesh by that constituency as so altered.
(3) Notwithstanding anything contained in any other law for the time being in force, the Legislative Assemblies of Uttar Pradesh and Uttaranchal shall be deemed to be duly constituted on the appointed day.
(4) The sitting member of the Legislative Assembly of the existing State of Uttar Pradesh 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 Uttar Pradesh under that article.
Section 14 Composition of provisional Legislative Assembly of Uttaranchal.
(1) On and from the appointed day and until the Legislative Assembly of the successor State of Uttaranchal has been duly constituted and summoned to meet for the first session under the provisions of the Constitution, a provisional Legislative Assembly of the State of Uttaranchal, consisting of the twenty-two sitting members of the Legislative Assembly and nine members of the Legislative Council of the existing State of Uttar Pradesh representing the Assembly constituencies or Council constituencies of the territories transferred by virtue of the provisions of section 3 shall be constituted.
(2) The provisional Legislative Assembly of the State of Uttaranchal shall exercise all the powers and perform all the duties conferred by the provisions of the Constitution on the Legislative Assembly of that State.
(3) The term of office of the members of the provisional Legislative Assembly of the State of Uttaranchal shall, unless the said Legislative Assembly is sooner dissolved, expire immediately before the first meeting of the Legislative Assembly of the State of Uttaranchal.
(2) The provisional Legislative Assembly of the State of Uttaranchal shall exercise all the powers and perform all the duties conferred by the provisions of the Constitution on the Legislative Assembly of that State.
(3) The term of office of the members of the provisional Legislative Assembly of the State of Uttaranchal shall, unless the said Legislative Assembly is sooner dissolved, expire immediately before the first meeting of the Legislative Assembly of the State of Uttaranchal.
Section 15 Duration of Legislative Assemblies.
The period of five years referred to in clause (1) of article 172 shall, in the case of the Legislative Assembly of the State of Uttar Pradesh, be deemed to have commenced on the date on which it actually commenced in the case of the Legislative Assembly of the existing State of Uttar Pradesh.
Section 16 Speaker and Deputy Speaker.
(1) The persons who immediately before the appointed day are the Speaker and Deputy Speaker of the Legislative Assembly of the existing State of Uttar Pradesh shall continue to be the Speaker and Deputy Speaker respectively of that Assembly on and from that day.
(2) As soon as may be after the appointed day, the provisional Legislative Assembly of the successor State of Uttaranchal 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 provisional Legislative Assembly of the successor State of Uttaranchal 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 17 Rules of procedure.
The rules of procedure and conduct of business of the Legislative Assembly of Uttar Pradesh as in force immediately before the appointed day shall, until rules are made under clause (1) of article 208, be the rules of procedure and conduct of business of the Legislative Assembly of Uttaranchal, subject to such modifications and adaptations as may be made therein by the Speaker thereof.
Section 18 Legislative Council of Uttar Pradesh.
1[18. Legislative Council of Uttar Pradesh.On and from the appointed day, there shall be one hundred seats in the Legislative Council of Uttar Pradesh, and in the Third Schedule to the Representation of the People Act, 1950 (43 of 1950), for the existing entry 8, the following entry shall be substituted, namely:--
"8. Uttar Pradesh.......................100 36 8 8 38 10".]
"8. Uttar Pradesh.......................100 36 8 8 38 10".]
1. Subs. by Act 7 of 2004, s. 2, for section 18 (w.e.f. 9-11-2000).
Section 19 Amendment of the Delimitation of Council Constituencies.
On and from the appointed day, the Delimitation of the Council Constituencies (Uttar Pradesh) Order, 1951 shall stand amended as directed in the Third Schedule.
Section 20 Provision as to certain sitting members.
(1) On and from the appointed day, the sitting members of the Legislative Council of the existing State of Uttar Pradesh specified in the Fourth Schedule to this Act shall cease to be members of that Council and shall be deemed to be the members of the provisional Legislative Assembly.
(2) On and from the appointed day, all sitting members of the Legislative Council of the existing State of Uttar Pradesh other than those referred to in sub-section (1) shall continue to be members of that Council.
(3) The term of office of the members referred to in sub-section (2) shall remain unaltered.
(2) On and from the appointed day, all sitting members of the Legislative Council of the existing State of Uttar Pradesh other than those referred to in sub-section (1) shall continue to be members of that Council.
(3) The term of office of the members referred to in sub-section (2) shall remain unaltered.