The Haryana and Uttar Pradesh (Alteration of Boundaries) Act, 1979

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The Haryana and Uttar Pradesh (Alteration of Boundaries) Act, 1979 was enacted on 11 June 1979 in 30th Year of Republic of India by Parliament for the alteration of boundaries of Haryana and Uttar Pradesh.

Section 2 of the Act defines different words that are used in the Act.  Words like Appointed Day, Assembly Constituency, Fixed Boundaries, Law, Notified Order, Prescribed, Present Deep Stream Line, Sitting Member, and Transferred Territories are all explained under the Act.

Section 3 of the Act states that fluctuating boundaries should be replaced with permanent boundaries in State of Haryana and State of Uttar Pradesh. Central Government appoints an authority to demarcate such fixed/permanent boundaries. The Authority can give final decision on demarcation and where the boundary pillars shall be built and he can order for survey of the area to build boundary pillars. The said authority can also prepare maps to fix boundaries as stated by the State Government.

Section 4 of the Act states that all those places that are on Haryana side shall cease to be part of Uttar Pradesh although they lie on Haryana State if the territorial transfer has been made and vice versa to both states. Both the States Haryana and Uttar Pradesh for the purpose of administration can by Gazette notification transfer to that particular state any of the administrative unit as stated in the order under the Act.

Section 5 of the Act explains about the amendment to the First Schedule of the Constitution. Part 3 of the Act explains about representation in the legislature. Section 6 of the Act states regarding the delimitation of parliamentary constituency or council constituency with regard to State of Haryana and State of Punjab. Section 7 of the Act explains about the provisions of the sitting members. Notwithstanding the alteration done with regard to the boundaries under the Act any member of House of People or Legislative Assembly of either states shall be deemed to be appointed to the house by that constituency itself.

Part 4 of the Act explains about jurisdiction of High Court of Haryana and Punjab with regard to the territories transferred from UP to Haryana state. One exception here is that High Court of Judicature at Allahabad shall have no jurisdiction on the said territory. Any proceedings that is under High Court of Judicature before commencement of the said Act shall be transferred to the High Court of Punjab and Haryana.

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Any advocate who before appointed day is an Advocate of High Court of Judicature at Allahabad after transfer of territories shall be recognised to practise in High Court of Haryana and Punjab.

Section 9 of the Act states that High court of Punjab and Haryana shall not have any jurisdiction with respect to transferred territories under the Act. Any Advocate has the right to practice and appear in any High Court where the proceedings has been transferred after the territorial division under the Act.

Part 5 of the Act explains about appropriation of the fund which is used under Consolidated Fund of the State to meet the expenditures, the state shall lawfully spend the amount to those transferred territories too. Governor of the State shall authorise such an expenditure from the Consolidated Fund of the State.  All the reports from Comptroller and Auditor-General of India should be submitted to Governor of the states of Haryana and Uttar Pradesh under the Act.

Part 6 of the Act states about land which includes immovable property and goods/articles also will be passed to the State of transferred territories. Arrears of Tax, Loan recovery, refund of excess tax collected, deposits, contracts, liability for actionable wrong are also covered under the above said Act. Central Government has the power to order allocation of equitable distribution of property to the transferred states after consulting both States. All expenditure shall be charged on Consolidated Fund of the State.

Part 7 of the Act deals with State Financial Corporation, Electricity Boards, Territorial extent of Laws, Power to Construe Laws, Adapt Laws, Legal Proceedings, Transfer of such Proceedings, Construction of Boundary Pillars, Effect of Provisions Inconsistent with other laws are also all dealt under this part of the Act. Central Government can make rules after Gazette notification under the provisions of the Act. Such rules should be put before House of Parliament for a period of 30 days when it is in session and then the Houses can make any modifications to the rule or annulment to it. The Schedule under the Act states the different areas and their names that are covered under the Act for description of fixed boundaries.

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by Sushma Javare