The Rajasthan and Madhya Pradesh (Transfer of Territories) Act has been incorporated on 18th September, 1959. This Act has been established to transfer some of the territories from State of Rajasthan to the State of Madhya Pradesh.
The purpose and objectives of this Act is to transfer certain territories under the First Schedule of the State of Rajasthan to the State of Madhya Pradesh. So, from the appointment day several territories have been transferred from one State to another. Once the territories have been transferred from the State of Rajasthan, it ceases to exist in the State of Rajasthan. The State Government by notification in the Official Gazette shall mention all the details of this transfer including the name of the territories, extent of transfer, boundaries, etc.
The Constitution of India took an amendment after transfer of certain territories from the State of Rajasthan to the State of Madhya Pradesh from the appointment day. The Constitution amendment takes place under the heading “The State”. After the entry under Rajasthan as “The State Reorganisation Act, 1956”, it is followed with “but excluding the territories specified in the First Schedule to the Rajasthan and Madhya Pradesh (Transfer of Territories) Act, 1959″ and under the entry Madhya Pradesh as “ The State Reorganisation Act, 1956”, it is followed with and the First Schedule to the Rajasthan and Madhya Pradesh (Transfer of Territories) Act, 1959”.
After the incorporation of this Act takes place, several articles of the Constitution of India have been amended and such other provisions of some Act. Likewise, the Delimitation of Parliamentary and Assembly Constituencies Order, 1956 and the Delimitation of Council Constituencies (Madhya Pradesh) Order, 1957 also have an effect as per the Second schedule of this Act.
The Sitting members of the House of People shall never change unless there are certain changes made by the establishment of the Act. The People of Mandsaur constituency shall represent in the State of Madhya Pradesh and the people of Kotah constituency shall represent in the State of Rajasthan. In case of the sitting members of Legislative Assembly shall also remains the same unless there comes any extension or alterations by this Act. The Legislative Assembly of State of Madhya Pradesh shall represent Garoth Constituency and Legal Assembly of State of Rajasthan shall represent Begun Constituency.
In case of jurisdiction of the High Courts of these two States, it varies accordingly. The jurisdiction of High Court of Madhya Pradesh shall include to the extent of new territories that are transferred from the State of Rajasthan. The jurisdiction of High Court of Rajasthan shall exclude those territories that have been ceases to exist after some territories transferred to the State of Madhya Pradesh. The High Court of Rajasthan should dispose all the cases before the territories are excluded to transfer to the State of Madhya Pradesh. In case of any case Ordered by the High Court of Rajasthan shall be considered as if the High Court of Madhya Pradesh has ordered. All the functions of these High Courts shall be in pursuance to the provisions of this Act.
In case of apportionment of State expenditure, it is paid from the Consolidated Fund before this Act passed by the Legislature of the State of Madhya Pradesh the expenditure shall be compensated within the amount of the State apportioned by this Act. All the Assets and liabilities of such territories borne by the State of Rajasthan shall now be transferred to the State of Madhya Pradesh immediately on the day of incorporation of this Act. The State Financial Corporation and State Electricity Board shall be supposed to be framed for both the States with in the areas altered under these provisions of this Act. All the laws which in force of those territories that are to be transferred shall be ceases its control immediately after transfer to the State of Madhya Pradesh. No provisions of this Act shall be enacted inconsistent to any other laws in force.
In case if there arise any inconsistency or difficulties in enforcing such provisions of this Act or any laws by the Central Government, the President shall make such Order to prevent such inconsistency affecting any law in force by the mandatory provisions that he feels to be included in this Act. The Central Government shall make any number of rules and regulations or any act in pursuance to this Act at any time as and when it is necessary to do so in good faith. No legal proceedings shall lie upon them or such other officers or employees of the Government who acted in pursuance to this Act in good faith.
by C.Srivenkatesh Prabhu.