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

Year of Passage: 1979 | Type: Bare Act

Section 1 Short title.

This Act may be called the Haryana and Uttar Pradesh (Alteration of Boundaries)Act, 1979.

Section 2 Definitions.

In this Act, unless the context otherwise requires, (a) "appointed" day means the day which the Central Government may, by notification in theOfficial Gazette, appoint; (b) “assembly constituency”, “council constituency” and “parliamentary constituency” have thesame meanings as in the Representation of the People Act, 1950 (43 of 1950); (c) "fixed boundaries" means the boundaries demarcated under the provisions of section 3; (d) "law" includes any enactment, Ordinance, regulation, order, bye-law, rule, scheme,notification or other instrument having the force of law in the whole or in any part of the State ofHaryana or Uttar Pradesh; (e) "notified order" means an order published in the Official Gazette; (f) "prescribed" means prescribed by rules made under this Act; (g) "present deep stream line" means the deep stream line of the river-Yamuna as verified anddetermined by the Survey of India during the months of November, 1974, December, 1974, January,1975 and February, 1975; (h) "sitting member", in relation to either House of Parliament or of the Legislature of a State,means a person who immediately before the appointed day is a member of that House; (i) "transferred territories" means, (a) in relation to the State of Haryana, the territories transferred by this Act from that State tothe State of Uttar Pradesh, and (b) in relation to the State of Uttar Pradesh, the territories transferred by this Act from thatState to the State of Haryana; (j) any reference to a district of a State shall be construed as a reference to the area physicallycomprised within that district immediately before the appointed day.

Section 3 Replacement of fluctuating boundaries by fixed boundaries.

(1) As from the appointed day,the boundary between the Karnal and Sonepat districts of the State of Haryana and the Saharanpur,Muzaffarnagar and Meerut districts of the State of Uttar Pradesh and the boundary between the Gurgaondistrict of the State of Haryana and the Bulandshahr and Aligarh districts of the State of Uttar Pradeshwhich at present is the deep stream of the river-Yamuna, shall be altered to and replaced by fixedboundaries. (2) The said fixed boundaries shall be demarcated by an authority appointed in this behalf by theCentral Government so as to be generally in conformity with the fixed boundaries described in theSchedule. (3) For the purposes of such demarcation, (a) the decision of the said authority on any matter relating to the interpretation of any part of thedescription of the fixed boundary given in the Schedule shall be final; (b) the said authority shall have power to determine the location of the points at which theboundary pillars shall be constructed and to specify the State Government which shall be responsiblefor the construction and maintenance of the boundary pillars at such points according to suchspecifications as that authority may indicate (the pillars of the same specifications being apportioned,as far as practicable, equally between the two State Governments), the decision of the said authorityin regard to these matters being final; (c) it shall be lawful for the said authority and for any person specified by such authority to enterupon and survey any area in the vicinity of any of the fixed boundaries described in the Schedule andto do all other acts as may be necessary. (4) The authority referred to in sub-section (2) shall also prepare maps of the areas on both sides ofthe fixed boundaries and in the vicinity thereof showing (a) the present deep stream line and the fixed boundary in relation to it; and (b) the names and boundaries of the villages on both sides of the fixed boundary as indicated bythe State Government concerned with reference to the revenue records of that Government, and send authenticated copies thereof to the Central Government and to the State Governments ofHaryana and Uttar Pradesh.

Section 4 Transfer of territories.

(1) As from the appointed day, (a) there shall be added to the State of Haryana all the territories of the State of Uttar Pradeshwhich lie on the Haryana side of the fixed boundaries, and the said territories shall thereupon cease toform part of the State of Uttar Pradesh; and (b) there shall be added to the State of Uttar Pradesh all the territories of the State of Haryanawhich lie on the Uttar Pradesh side of the fixed boundaries, and the said territories shall thereuponcease to form part of the State of Haryana. (2) Each of the State Governments of Haryana and Uttar Pradesh shall, by order in the OfficialGazette of the State, provide for the administration, as from the appointed day, of the territoriestransferred to that State under sub-section (1) by including them or any part of them in such district,sub-division, police-station or other administrative unit as may be specified in the order.

Section 5 Amendment of First Schedule to the Constitution.

As from the appointed day, in the FirstSchedule to the Constitution, under the heading "I. THE STATES" (a) for the entry against "13. Uttar Pradesh", the following shall be substituted, namely: "The territories which immediately before the commencement of this Constitutionwere either comprised in the Province known as the United Provinces or were being administeredas if they formed part of that Province, the territories specified in clause (b) of sub-section (1)of section 3 of the Bihar and Uttar Pradesh (Alteration of Boundaries) Act, 1968 (24 of 1968) andthe territories specified in clause (b) of sub-section (1) of section 4 of the Haryana and UttarPradesh (Alteration of Boundaries) Act, 1979, but excluding the territories specified in clause (a)of sub-section (1) of section 3 of the Bihar and Uttar Pradesh (Alteration of Boundaries)Act, 1968, and the territories specified in clause (a) of sub-section (1) of section 4 of the Haryanaand Uttar Pradesh (Alteration of Boundaries) Act, 1979 (31 of 1979)."; (b) for the entry against "17. Haryana", the following shall be substituted, namely: "The territories specified in sub-section (1) of section 3 of the Punjab Reorganisation Act,1966 and the territories specified in clause (a) of sub-section (1) of section 4 of the Haryana andUttar Pradesh (Alteration of Boundaries) Act, 1979 (31 of 1979), but excluding the territoriesspecified in clause (b) of sub-section (1) of section 4 of that Act.".
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