The Madhya Pradesh Reorganisation Act, 2000

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The Madhya Pradesh Reorganisation Act, 2000 was passed by the Lok Sabha on 31 July 2000 and by the Rajya Sabha on 9 August 2000. An amendment made by the Rajya Sabha in the Bill was agreed to by the Lok Sabha on 10 August, 2000 where after the act came into force. The act enabled creation of The State of Chattisgarh out of the State of Madhya Pradesh. Upon creation of State of Chattisgarh certain regions were included into its territory namely Bastar, Bilaspur, Dantewada, Dhamtari, Durg, Janjgir- Champa, Jashpur, Kanker, Kawardha, Korba, Koriya, Mahasamund, Raigarh, Raipur, Rajnandgaon and Surguja districts. All the territories other than the ones mentioned shall remain to be part of state of Madhya Pradesh.

The reorganisation was carried forth after bringing amendment to first and fourth schedule of the Indian Constitution and enumerated under sections 5 and 7 of the Act. That once the states of Chattisgarh and Madhya Pradesh stands created nothing shall prevent them to take decisions on internal, territorial and jurisdictional matters.

The representation of members in the Lok Shabha shall remain unaffected by the reorganisation and they shall continue to serve their normal tenure. The members of Lok Sabha already nominated shall continue to represent their constituencies falling in either of the States. However, after the enforcement of the act there shall be 29 Lok Sabha seats from State of Madhya Pradesh and 11 from State of Chattisgarh. Section 12 of the Act provides provisions for allocation of seats in Legislative assemblies for States of Madhya Pradesh and Chattisgarh which shall be 230 and 90 respectively. After the reconstitution respective members of legislative constituencies shall now represent constituency of their particular State. The members of Chattisgarh Legislative assembly shall have to nominate their speaker and deputy speaker.

The act enables election commission to delimit the constituencies under section 17 of the Act, delimitation shall be for reservation of seats in assemblies. The Election Commission shall notify delimitation in official gazette and call for suggestions and objections. Pursuant to incorporation of suggestions and eliminating objections, the election commission shall again publish a notification in official gazette which shall be binding and irrevocable.

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Under sections 21 to 33 the Act deals with establishment of High Court in the State of Chattisgarh. There shall be a separate High court for the state of Chattisgarh in a place decided by the president. The High Court shall have judges and its jurisdiction too shall be decided by president in consonance with the constitution. The Act under section 24 gives special privilege to advocates and entitles an Advocate registered with Bar Council of Madhya Pradesh to practice in the high court and judicial courts of state of Chattisgarh.

The Act provides for distribution of revenue, land and property when either of these are situated in the territory of Chattisgarh these shall stand transferred to the State of Chattisgarh. The total of cash and bank balance in all the treasuries of Madhya Pradesh and with the Reserve Bank of India shall stand divided proportionately between both the states. The Act also provides for settlement of loans, debts, taxes, pensions, contracts and deposits to be settled prior to reorganisation of the State.  Section 58 of Act provides that State Electricity Board, State Road Transport Corporation and State Warehousing Corporation shall for one year after enforcement of the Act function for both the States after one year these corporations shall be reconstituted.  Section 58 sub clause 4 empowers State of Chattisgarh to establish State Electricity Board, State Road Transport Corporation and State Warehousing Corporation. The State Financial Corporation shall continue to function in manner it functioned prior to enforcement of the Act.

Companies in the States shall continue to function in an area already functioning or as per the agreements between the States under section 60. From the enforcement of the ct there shall be two separate cadre for the States. Person recruited in government services in State of Madhya Pradesh shall continue to serve for a period of one year where after the Government shall give posting to such an employee. There shall be separate State Public commissions for both the states.

Every Commission, Authority, Tribunal, University, Board or any other body constituted under a Central Act, State Act or Provincial Act and having jurisdiction over the existing State of Madhya Pradesh shall continue to function in State of Madhya Pradesh and also exercise jurisdiction over the State of Chhattisgarh for a maximum period of two years or till such period as is decided by mutual agreement between States. The Central Government may, as and when it considers necessary, constitute an inter- State River Water Board, after consultation with the State of Chattisgarh, for the planning and development of inter- State rivers and river valleys. All the pending proceedings in the High Court of Madhya Pradesh shall be transferred to state of Chattisgarh after reorganisation. The Government shall have power to make rules under the Act. Incase of any difficulty the Act empowers the president to remove such difficulty and make an order.

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Thus the Madhya Pradesh Reorganisation Act lays down all the necessary provision and clarifies on all aspects weather financial, administrative, judicial, executive or legislative inorder to prevent future disputes between the states of Madhya Pradesh and Chattisgarh.