 the state of mma'chal pradesh 13il~, x970 arrangement of clausesciauses  part i preliminary1 short title '= definitions  part iiestabiuihuejft'of' the sta'j1i: of huuchalpradesh 3 establishment of state of himachal pradesh 4 amerdment of 'ph-fit seftedu1e to the constitution part iii representation in the legislatures the council of states 5 amendment of fourth schedule to the constitution 6 allocation ·of sitting members 7 amendmentctf bection 27a of act 43 of 1950 the houl8e oftke people 8 allocation of seats in the existing house of the people 9 provision as to sitting members the legislative assembly 10 provision as to legislative assembly as constituted on the appointed day 11 duration of the legislative assembly 12 speaker and deputy speaker 13 rules of procedure delimitation of constituencies 14 allocation of seats in the house of the people 15 allocation of seats in the legislative assembly 16 amendment of first and second schedules to act 43 of 1950 17 delimitation of constituencies 18 power of election commission to maintain delimitation orders up-to-daie 19 amendment of scheduled castes orders 20 amendment of scheduled tribes orders part iv high court 21 high court for himachal pradesh , 22 judges of high court 23 jurisdiction of high court 24 special provision relating to advocates afd bar council 25 practice and procedure in high court clauses 26 custody of seal of high court 27 fonn of writs and other processes 28 powers of judges 29 procedure as to appeals to supreme c9urt 30 transfer of proceedings from hieh court gf delhi to hiah court of himachal pradesh 31 riibt to appear or to act in proceedings transferred to high court of himachal pradesh 32 savings  part vaurnorlsation of expendrrure and distribution or revi:nu&s  33 authorisation of expenditure pending its sanction by the legislature 34 reports relating to the accounts of the existing union territory of himachal pradesh 35 allowances and privileges of governor of himachal pradesh 36 distribution of revenues part vi  ass'ets and liabilities37 property, assets, rights, liabilities, obligations, etc 38 special provision as to transfer of assets, rights, liabilities, etc, of union in relation to transferred territories under act 31 of 1966  part viiprovisions as to services 39 provision relating to all-india services 40 provision relating to certain services 41 provisions relating to other services 42 other provisions as to services 43 provisions as to continuance of officers in same posta 44 advisory committees 45 power of central government to give directions  part viii legal and miscellanjlot1s provisions46 amendment of article 210 and article 239a 47 amendment of act 37 of 1956 48 amendment of act 20 of 1963 49 continuance of existing laws and their adaptation 50 power to construe laws 51 provisions as to continuance of courts, etc 52 effect of provisions of act inconsistent with other la ws , 53 power to remove difficulties 54 power to make rules the first schedule the second schedule the third schedule the fourth schedule  diu no 155 of in0 the state of himachal pradesh bill, 1970 a billto provide for the establishment of the state of himachal pradesh and f07 matters connected therewith be it enacted by parliament in the twenty-first year of the republic of india as follows:- part i preliminary1 this act may be called the state of himachal pradesh act, 1970 short ti tie 2 in this act, unless the context otherwise requires,-definition •• (a) "administrator" means the administrator appointed by the president under article 239 of the constitution; (b) "appointed day" means the day which the central govem-10 ment may, by notification in the official gazette, appoint; (c) "article" means an article of the constitution; (d) "election commission" means the election commission appointed by the president under article 324; (e) "existing union territory of himachal pradesh" means the union territory of himachal pradesh as existing immediately before 5 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 any part of the existing union territory of him~chal pradesh; 10 (g) "sitting member", in relation to either house of parliament or of the legislative assembly of the existing union territory of himachal pradesh, means a person who, immediately before the appointed day, is a member of that house or that assembly; (h) "treasury" includes a sub-treasury is  part ii establishment of the state of himachal p}tadeshbatablishment of state of himacl1a1 pradesh 3 on and from the appointed day, there shall be established a new state, to be known as the state of himachal pradesh, comprising the territoriee which immediately before that day were comprised in the existing 20 union territory of himachal pradesh 4 on and from the appointed day, in the first schedule to the : ~9nstitution,-amendment of fint schedule to the constitution (a) under the beading "i teh states", after entry 17 the following entry shall be inserted, namely: - 25 "lb himachal pradesh the territories which immediately before the commencement of this constitution were being administered as if they were chief commissioners' provinces under 30 the names of himachal pradesh and byaspur and the territories specified in sub-seetien ,( 1) of section 5 of the punjab reorgan- 35 isation act, 1966"; (b) under the heading "11 thil union territories", entry 2 relating to himachal pradesh shall be omitted and entries 3 to 10 sball be re-numbered as entries 2 to 9 respectively  part 111 representation in the legislatures the council oj states5 on and from the appointed day, in the fourth schedule to the constitution, in the table,-(a) entry 18 shall be re-numbered as entry 19 and before the amendment of fourth schedule to the constitution entry as so re-numbered, the following entry shall be inserted, namely:-"18 himachal pradesh  3"; (b) entry 19 shall be omitted 5 6 (1) ?n and from the appointed day, the thtee sitting members of allo?l~on the council of states representing the existmg union territgry of hima- of 81ttilll chal pradesh shall be deemed to have been duly elected under clause-(4) members of article 80 to fill the three seats allotted to the s\ate of hiidahal pra" desh in that council 10 (2) the term of office of such sitting members shall remain ua altered 7 on and from the appointed day, in section 27a of the representa- amcndmcllt tion of the people act, 1950, in sub-section (4), the words "himachal ~~~o:32~ pradesh" shall be omitted 1950  15 the house of the p8<j7i)le8 (1) on and from the appointed day and until the dissolution of the allocation existing house of the people, the a1locatioon of seats to tbe state of ~ ':?t~:, himachal pradesh in the house of the people and the number of seats to ~ou;ccoc:jc be reserved for the scheduled castes of that state shall be sf~ and; one 20 respectively; and the first schedule to the representation of the pe0ple 43 of 1950 - act, 19m, shall be deemed to be amended aceordtngly (2) on and from the appointed day and until the ctissoluticm of  existing house of the people, the six parliamentary eonstttuencles: of the existinl1 union territory of himachal pradesh shall btt deemed to be the 25 six parliamentary constituencies of the state of himachal pradesh and the delimitation of parliamentary and assembly constituencies order, 1966 shall be com;trued accordingly 9 every siwn~ member of the house of the people representing a plovi  constituencv which on the appointed dav, bv virtue of the provisions of =e:~ 30 section 8 becomes a constituency of the state of himachal pradesh, shall be deemerl to have been elected under sub-clause (a) of clause (1) of article 81 to the house of the people by that constituency  the legislative assembly10 (1) on and from the appointed day, the total number of seats tn ~':ja~ 35 the legislative assembly of the state of himachal pradesh to be tilled me-z:: by pe~ons chosen by direct election from assemblv eonstituencies shall ~i~~ be sixty and the number of seats to be reserved for the scheduled  castes and for the scheduled tribes of that st&te small be fourteen and pojaiad  three respectively; and the second schedule to the representation of the 43 of 1950 40 people act, 1950, shall be deemed to be amended accordingly (2) on and from the appointed day, the sixty territorial cmtstituencies of the existing union territory of himaehal pradesh shall be deemed to be the constituencies of the legislative assembly of the state of himachal pradesh and the delimitation of parliamentary and assembly con&-45 tituencies order, 1966 shall be construed accordingly (3) every sitting member of the legislative assembly of the existing union territory of himachal pradesh representing a territorial constituency which, on the appointed day, by virtue of the provisions of subsection (2), becomes a constituency of the state of himachal pradesh, shall be deemed to have been elected under article 170 to the legislative , assembly of the state of himachal pradesh by that constituency (4) notwithstanding anything contained in any other law for the time being in force, the legislative assembly of the state of himachal pradesh shall be deemed to be duly constituted on the appointed day durauonof letialative a88embly 11 the period of five years referred to in clause (1) of article 172 10 shall, in the case of the legislative asoembly of the state of himachal pradesh, be deemed to have commenced on the day on which the duration of the existing legislative assembly of the union territory of himachal pradesh commenced under section 5 of the government of union territories act, 1963 is 20 of 1963 spewrand deputy speaker 12 the persons who immediately before the appointed day are the speaker and the deputy speaker of the legislative assembly of the union territory of himachal pradesh shall be the speaker and the deputy speaker, respectively, of the legislative assembly of the state of himachal pradesh on and from that day 20 rules of procedure l3 the rules of procedure and conduct of business of the legislative a!lsembly of the existing union territory of himachal 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 the state of himachal pradesh, 2s subject to such modifications and adaptations as may be made therein by the speaker thereof  delimitation of constituencies14 in the house of the people to be constituted after the appointed day, thpre shall be allotted four seats to the state of himachal pradesh of 30 which one seat shall be reserved for the scheduled castes allocation of seats in the house of the people allocation of beata in the legislative assembly 15 the total number of seats in the legislative assembly of the state of himachal pradesh to be constituted at any time after the appointed day, to be filled by persons chosen by direct election from territorial constituencies, shall be sixty-eight of which sixteen seats shall be reserved 3s for the scheduled castes and three seats shall be reserved for the scheduled tribes 16 (1) in the representation of the people act, 1950,-(a) in the first schedule,-amendment offiratmd aecodd acbedulea to act 43 of 1950• (i) under the heading "i states", after entry 17, the 40 following entry shall be inserted, namely:-"18 himachal pradesh    4 1  "; (ii) under the heading "n union territories", entry 6 relating to himachal pradesh shall be omitted; (b) in the second schedule,-45 (i) under the heading "i states", after entry 16, the following entry shall be inserted, namely:-"17 himachal pradesh  68 16 3"; (i~) under the heading "ii union territories", entry 2 relating to himachal pradesh shall be omitted (2) the amendments made by clauses (a) and (b) of sub-section (1) s~ali have effect in relation to the house of the people and the legisla-s tlve assembly of himachal pradesh to be constituted at any time after the appointed day 17 (1) the election commission shall, in the manner herein provided, delimitation distribute, whether before or after tbe appointed day, the seats in the ~~=~­house of the people allotted to the state of himachal pradesh under 10 section 14 and the seats assigne'd to the legislative assembly of the state of himachal pradesh under section 15 to single-member territorial constituencies and delimti them on the basis of the latest census flgures, having regard to the provisions of the constitution and to the following provisions, namely:-15 (a) all constituencie6 shau, as far as practicable, be geographically compact areas, and in delimiting them regard shalt be had to physical features, existing boundaries of administrative units, ilacilities of communication and public convenience; (b) every assembly constituency shall be so delimited as to fall 20 wholly within one parliamentary constituency; (c) constituencies in which sents are reserved for the scheduled castes shall be distributed in different parts of the state and located, as far as practicable, in those areas where the proportion of their population to the total population is comparatively large; and 25 (d) constituencies in which seats are reserved for the scheduled tribes shall, as far as practicable, be located in areas where the proportion of their population to the total population is the largest explanation-in this section, "latest census figures" mean the census figures with respect to the existing union territory of himachal pradesh 30 or, as the case may be, of the state of himachal pradesh ascertainable from the latest census of which the finally published figures are available (2) for the purpose of assisting it in the performance of its functions under sub-section (1), the election commission shall associate with itself as associate members,-35 (a) the sitting members of the house of the people referred to in section 9; and (b) such six of the members of the legislative assembly of the existing union territory of himachal pradesh or, as the case may be, of the state of himachal pradesh referred to in section 10 as the 40 speaker tbereof may nominate: provided that none of the associate members shall have a right to vote or to sign any decision of the election commission (3) if owing to death or resignation, the office of an associate member falls vacant, it !phall be filled, if practicabje, in accordan~e with tbe provi-45 sions of sub-section (2)  (40) the ~_coldlljia&ion shall-(a): publish its proposals for the delimitation of constituencies; toether with the ilissenting proposals, if any, of any associate meni-_ wllo desires publication thereof, in the official gazette and in uchther lilanner as the commission may consider fit, together with 5 a notice inviting objections and suggestions in relation to the proposals and specifying a date on or after which the proposals will be further considered by it; (b) consider all objeetieas and eonestiens whieh may hate been teceived 'by it 'hefore the date so specified; 10 (c) afteroodlideridcall objectiolls aad suggestions which may ,have  recek>ed 1ty it before the date so specified, determine by - or more orders the delimitation of oodstitueneies and cause such order or orders to be published in the official gazette; and upon such publication, the order or orders shall have the full force of law and 15 shall not be called in question in any court (5) as soon as may be after such publication, every such order relating to parliamentary constituencies shall be laid before the house of the !teeple,andmel')' such order relating to assembly constituencies shall be laid before the legislative assembly 20 • (1-) the election commission may, from time to time, by notification'in the oftlcial gazette,-(~ correct any printing mistake in any order made under section 17 or any error arising therein from inadvertent slip or omission; (b) where the boundaries or name of any territorial division 25 mentioned in any such order are or is altered, make such amendments as appear to it to be necessary or expedient for bringing such order up-to-date (2) every notification under this section relating to a parliamentary or an assembly constituency shall be laid, as soon as may be after it is 30 iuaad, ideforethe house of the people or, as the case may be, the legis-wte i\uembly amendment u (1) on and f·rom the appointed day, the constitution (scheduled ~~~duled castes) order, 1950, shall stand amended as directed in the first schedule orden (2') on and from the appointed day, the constitution (scheduled 3 castes) (union territories) order, 1951, shall stand amended as directed 5 in the second schedule amendment 20 (1) on and from the appointed day, the constitution (scheduled ,r~d1aied tribes) order, 1950, shall stand amended as directed in the third orden schedule 40 (2) on and from the appointed day, the constitution (scheduled tribes) (union territories') order, 1951, shall stand amended as directed in the fourth schedule  part iv high cotnn'21 (1) on and from the appointed day/there shall be a separate high hi,h ~ hc?uhrtcfor the state of himachal pradesh (hereinafter referred to as the ~ ~~-s 19 ourt of himachal pradesh) deah (2) the principal seat of the high court of himachal pradesh shall be at simla 22 (1) the president may if he thinks tit, direct that such of the jud 8 or judges of the high court of delhi holding office immediately before the hilt: court 10 appointed day as may be determined by him, shall on that day cease to be judges of the high court of delhi and become judges of the high court of himachal pradesh (2) the persons who by virtue of sub-section (1) become judges of the high court of himachal pradesh shall, except in the case where any is such person is appointed to be the chief justi~e of the high court, rank in that court according to the priority of their respective appointments as judges of the high court of delhi 23 the high court of himachal pradesh shall have, in respect of any jurisdictiod part of the territories comprised in the state of himachal pradesh, all ~o:!h 20 such jurisdiction, powers and authority as under the law in force immediately before the appointed day, are exercisable in respect of that part of the said territories by the high court of delhi 24 (1) subject to any rule made or direction given by the high court s~cia1 pro-of himachal pradesh in this behalf, any person who immediately before ~~slon torelat-2s the appointed day is an advocate entitled to practise in the high court of a~vocate delhi shall be entitled to practise as an advocate in the high court of ~~!c:~f himachal pradesh (2) the right of audience in the high court of himachal pradesh 'shall be re>gulated in accordance with the like principles as immediately before 30 the appointed day are in force with respect to the right of audience in the r" high court of delhi t  }, as of 1961 (3) on and from the appointed day, in the advocates act, 1981 (hereafter in this section referred to as the advocates act), in section 3,-(a) in sub-section (1), for clause (d), the following clauses shall be substituted, namely:- 35 ill "(d) for the states of pun,ab and haryana and the union territory of chandlgarh, to be known as the bar council of punjab and haryana; (dd) for the state of himaehal pradesh, to be known a the :bar council of himachal pradesh;"; (b) in clause (b) of sub-section (2), after the words "bar council of orissa", the words ", the bar council of himachal pradesh" shall be insertf!d 3017 ls--2 (4) the provisions of s •• :c1on 17 of the advocates act shall have effect in respect of the roll of the bar council of himachal pradesh subject to the modifications that-(a) for c1aus~ (a) of sub-section (1) of the said section 17, the following clause shall be substituted, namely: -s "(a) all persons who were entered as advocates on the roll of the bar council of punjab and haryana immediately before the day appointed under clause (a) of section 2 of the state of himachal pradesh act, 1970, and who within three months from that day express in such manner as the bar council of india may, 10 by rules, prescribe an intention in writing to practise within the jurisdiction of the bar council of himachal pradesh;"; (b) in clause (a) of sub-section (3) of the said section 17, for the words and figures "with his date of enrolment under the indian bar councils act, 1926", the words "in accordance with his seniority on is the roll of the bar council of punjab and haryana" shall be substituted (5) notwithstanding anything contained in the advocates act as amended or modified by sub-sections (3) and (4) ,-(a) in the case of the first bar council of himachal pradesh under 20 that act, the fifteen members required to be elected under clause (b) of sub-section (2) of section 3 of that act, as amended by sub-section (3), shall be nominated by the chief justice of the high court of himachal pradesh from amongst advocates who are entitled as of right to practise in the high court of himachal pradesh and are ordinarily ls practising within the territories comprised in the state of himachal pradesh and the term of office of the members so nominated shall be one year from the date of the first meeting of the council or until their successors are duly elected in accordance with the provisions of the said act, whichever is earlier; 30 (b) until the members of the first bar council of himachal pradesh required to be nominated under clause (a) are duly nominated in accordanee with the provisions of that clause, the bar coullcil of punjab and haryana shall function as the bar council of himachal ?radesh and the provisions of the advocates act shall, so far as may 35 be, apply accordingly; (c) the namf',; of persons entered on the roll of the bar council of himachal pradesh in accordance with the provisions of clause (a) of sub-section (1) of section 17 of the advocates act, as modified by sub-section (4), shau, as from the date or dates on whicll the names 40 are so entered, stand removed from the roll of the bar council of punjab and haryana; (d) any proeeedings which may be pending or which may be instituted against any person before or by the bar council of punjab ind haryana immediately before his name is removed under clause 4s (e) from the roll of that bar council may after such removal be continued or instituted before or by the bar council of himachal pradesh; (e) every person who immediately before his name stands removed from the roll of the bar council of punjab and haryana in 50 accol'ciance with the provisions of clause (c) is a member of the bar council of punjab and hal'yana shall ct:ase to be a member of tb,at councll as from the date on widcn ills name stands so rempved from the roil of that bar council; 5 u) the rules made or deemed to have been made by the bar council of punjab and hal'yana and in lorce immectiately befol'e the date on which the first bar council of himacilal pradesh is duly constitutecl in accordance with the provisions of clause (a) shall, subject to such modifications and adaptabons as may be made therein by the chair-10 man of the bar council of himachal pradesh, be deemed to be rules made by the bar council of himachal pradesh and shall have etlect accordingly (6) as soon as may be, after the first bar council of himachal pradesh is duly constituted in accordance with the provlsions of clause (a) of 15 sub-section (5), the assets and liabilities of the bar council of punjab and baryana shall be apportioned between that bar council and the bar council of himachal pradesh in such manner and proportion as may be agreed upon by the two bar councils and in default of agreement with reference to any matter, the matter shall be referred to the chairman of 20 the bar council of india and his decision thereon shall be final explanation-expressions used in this section but not defined in this act shall have the meanings assigned to them respectively in the advocates act 25 subject to the provisions of this part, the law in force immediately practice iilcl 25 before the appointed day with respect to practice and procedure in ~~dur ad the high court of delhi shall, with the necessary modifications, apply in court relation to the high court of himachal pradesh 26 the law in force immediately before the appointed day with res- cuatody of pect to the custody of the seal of the high court of delhi shall, with the ~ of 30 necessary modifications, apply with respect to the custody of the seal of hish court the high court of himachal pradesh 27 the law in force immediately before the appointed day with res- po!m of peet to the form of writs and other processes used, issued or awarded by :t:: =-the high cpurt of delhi shall, with the necessary modifications, apply with oil! 35 respect to the form of writs and other processes used, issued or awarded by the high court of himachal pradesh !s the law in force immediately before the appointed day with res- powen ot pect to the powers of the chief justice, single judges and division courts jud ••• of the high court of delhi and with respect to all matters ancillary to 40 the exercise of those powers shall, with the necessary modifications, apply in relation to the high court of himachal pradesh %9 the law in force immediately before the appointed day relating plooedurc to appeals to the supreme court from the high court of delhi and the  to judges and division courts thereof, shall, with the necessary modifications, =0 5 apply in relation to the high court of himachal pradesh 00iiit·  38 (1) except as hereinafter provided, the high court of delhi shall, on and from the appointed day, have no jurisdiction in respect of the territories comprised in the state of himachal pradesh transfer or proc:eedid  from hi,hcourt of delhi to high court of himac:hal ttradesh (2) such proceedings pending in the high court of delhi immediately before the appointed day as are certified, whether before or after that s day, by the chief justice of that high court, having regard to the place of accrual of the cause of action and other circumstances, to be proceedings which ought to be heard and decided by the high court of himachal pradesh shall, as soon as may be after such certification, be transferred to the high court of himachal pradesh 10 (3) notwithstanding anything contained in sub-sections (1) and (2) of this section or in section 23, but save as hereinafter prgvided, the high court of delhi shall have, iuld the high court of himachal pradesh shall not have, jurisdiction to entertain, hear or dispose of appeals, applications for leave to appeal to the supreme court, applications for review and 15 other proceedings where any such proceedings seek any relief in respect of any order passed by the high court of delhi before the appointed day: provided that if, after any such proceedings have been entertained by the high court of delhi, it appears to the chief justice of that high 20 court that they ought to be transferred to the high court of himachal pradesh, he shall order that they shall be so transferred, and such proceedings shall thereupon be transferred accordingly (4) any order made by the high court of delhi-(/i) before the appointed day, in any proceedings transferred to 2s the high court of himachal pradesh by virtue of sub-section (2); or (b) in any proceedings with respect to which the high court of delhi retains jurisdiction by virtue of su-section (3), shall, for all purposes, have effect not only as an order of the high court of delhi, but also as an order made by the high c9urt of himachal 30 pradesh  expla114tion-for the purpose of this section-(/i) proceedings shall be deemed to be pencfutg in a court until that court has disposed of all issues between the parties including any issues with respect to the taxation of the costs 9£ the proceedings 3s and shall include appeals, applications for leave to appeal to the supreme court, applications for review, petitions for revision and petition for writs; (b) references to a high court shall be construed as including references to a judge or division court thereof, add references to an 40 order made by a court or a judge shall be construed as including references to a sentence, judgment or decree passed or made by that court or judge ri ht te 31 any person who, immediately before the appointed day, is an advoap~r or to cate entitled to practise in the high court of delhi and was authorised 4s act in dlnr2' to appear or to act in any proceedings transferred from that high court rr:~ilio to the high court of himachal pradesh under section 30 shall have the ~c:!i right to appear or to act, as the case may be, in the hiih court of pradah himachal pradesh in relation to those proceedinls 32 nthin  hi p o : 0 g iii t s art shall affect the application to the high court slvipl8 f hli1lachal pradesh of any provisions of the constitution and this part shall have effect subject to any provision that may be m~de on or after the appointed day with respect to that high court by any legislature or s other authority having power to make such provision  part v authorisation of expenditure and dls'i'ribution of revenues33 (1) the president may, at any time before the appointed day, authorisaauthorise by order such expenditure from the consolidated fund of the tion °dr 10 st te f him ch ex pen iture a 0 a al pradesh as he deems necessary for a period of not pending its more than six months beginning with the appointed day, pending the ~~c~:i~! sanction of such expenditure by the legislative assembly of the state of lature himachal pradesh: provided that the governor of himachal pradesh may, after the is appointed day, authorise by order such further expenditure as he deems necessary from the consolidated fund of the state of himachal pradesh for any period not extending beyond the said period of six months (2) the president or, as the case may be, the governor of himachal pradesh shall make separate orders under sub-section (1) in respect of 20 periods falling in different financial years 34 (1) the reports of the comptroller and auditor-general of india reports referred to in section 49 of the government of union territories act, ~h~at!~~~nts ao of 1963 1963, relating to the accounts of the existing union territory of himachal ?f the ~ist-pradesh in respect of any period prior to the appointed day, shall be sub- :~~i~~o~ ~5 mitted to the governor of himachal pradesh who shall cause them to be hidac~1 laid before the legislative assembly of the state pca es  (2) the governor may, by order,-30 35 (a) declare any expenditure incurred out of the consolidated fund of the existing union territory of himachal pradesh on any service in respect of any period prior to the appointed day during the financial year 1970-71 or in respect of any earlier financial year in excess of the amount granted for that service and for that year as disclosed in the reports referred to in sub-section (1) to have been duly authorised, and (b) provide for any action to be taken on nny matter msine out of the said reports 35 the allowances and privileges of the governor of himachal pra- auow~c:e'   p ii b i and prlvldesh shall, until provlslon in that behalf is made by ar ament y aw leges or under clause (3) of article 158, be such as the president may, by order, wb:~~~ of 40 determine pradesh 3 or 1962 58 or 1957· 36 the president shall, by order, determine the erants-in-aid of the ~istrib~tion revenues of the state of himachal pradesh and the share of that state in f reve uea the union duties of excise, estate duty and taxes on income ud for that purpose amend thereby the relevut provisions of tbe union duties of excise (distribution) act, 1962, the additional duties of excise (goods 45 of special importance) act, 1951, the estate duty (distribution) act, l962, add the constitution (distribution of revenues) order, 1969, in such mumer as he thidb fit 9 of 1962 c o • ,  part vi asse9s and liabilitiesproperty, asseta, rights, liabilities, obliptiona etc: 3'1 (1) all such property and assets within the existing union territory of himachal pradesh as are held immediately before the appointed day by the union for purpose of governance of that union terri- 5 tory shall, on and from that day, pass to the state of himachal pradesh unless the purposes for which such property and assets are so held are union purposes: provided that the cash balances in the treasuries in the union territory of himachal pradesh before the appointed day shall, as from that day, 10 vest in the state of himachal pradesh (2) all rights, liabilities and obligations (other than those relatable to, or in connection with, a union purpose), whether arising out of any contract or otherwise, which are, immediately before the appointed day,-(a) the rights, liabilities and obligations of the central govern-is ment arising out of, or in connection with, the governance of the union territory of himachal pradesh; or (b) the rights, liabilities and obligations of the administrator of the existing union territory of himachal pradesh in his capacity as such, or of the government of that union territory, 20 shall, on and from the appointed day, be the rights, liabilities and obligations of the government of the state of himachal pradesh (3) the right to recover arrears of-(a) any tax or duty being a tax or duty enumerated in the state list in the seventh schedule to the constitution, or :as (b) any duty referred to in article 268, or (c) any tax under the central sales tax act, 1~t which have fallen due in the existing union territory of himachal pradesh shall pass to the state of himachal pradesh (4) the provisions of this section shall not apply to or in relation (0,- 30 (a) any benefit or burden of any assets, rights, liabilities or obligations of the union under the punjab reorganisation act, 1966 attributable to the transferred territories as defined in the said act; (b) any institution, undertaking or project the expenditure in relation to which is immediately before the appointed day met from 35 out of the consolidated fund of india; (c) any property which has been placed by the union at the disposal of the administration of the existing union territory of himachal pradesh subject to the condition that the ownership thereof will continue to vest in the union ' ezpl4nation-for the purposes of this section-(a) "liability" includes liability in respect of any civil deposit, local fund deposit, charitable or other endowment, provident fund account, pension or actionable wrong; (b)uunion purposes" mean the purposes of govermntmt  45 latabl to any of the matters mentioned in the udion,liit 38 (1) in this section, the expressions "successor states" and "transferred territories" have the meanings respectively assigned to them in the punjab reorganisation act, 1966 special provision u to transfer of asscts, rilhts, lia-(2) the central government may, by order, transfer to the state of ~~ ·h~onctc •• s himachal pradesh the benefit or burden of any assets, rights, liabilities in relation or obligations of the union under the punjab reorganisation act, 1966, in rcr~~ls­so far as such benefit or burden is, in the opinion of the central govern~ territories t tt 'b t bl h f 't  under act men ,a rl u a e to t e trans erred tern ones 31 of 1966 (3) an ordtcr made under sub-section (2) may provide that the state 10 of himachal pradesh shall be the suc'cesgor state in relation to the transferred territories for all or any of the purposes of the punjab reorganisation act, 1966, or confer or impose on the state of himachal pradesh right" and obligations which correspond so far as may be to the rights and obligations conferred or imposed on the successor states by or is under that act (4) without prejudice to the provisions of section 49, the central government may, for the purpose of giving effect to the provisions of this section by order, direct that the provisions of part vi, part vii, part viii and part ix and connected provisions of the punjab 20 reorganisation act, 1966, shall have effect subject to such exceptions and modifications as may be specified in the order  part viiprovisions as to services it (1) in this section, the expression "state cadre",-provl tiisiod re a n, to (a) in relation to the indian administrative service, has the ~11 ~ndia meaning assigned to it in the indian administrative service (cadre) etvlccs rules, 1954; (b) in relation to the indian poliee service, has the meaning assigned to it in the indian police' service (cadre) rules, 1954; 30 (e) in relation to the indian fore~t service, has the meaning assigned to it in the indian forest service (cadre) rules, 1966 (2) on and from the appointed day, there shall be constituted for the state of himachal pradesh a state cadre of the indian administrative service, a state cadre of the indian police service and a state cadre of 3s the indian forest service (3) the initial strenl!'th and composition of each of the laid state cadres shall be such as the central government m1y, by order, determine before the appointed day (4) such of the members of each of thl'" said services borne on the 40 union territori~s cadre thereof immediately before the appointed day, rs the central government may, by order, specify shall be allocated to the state cadre of himachal pradesh of the same service with effect from such date or dates as may be specified in the order (5) nothinr, in this section shan be de"e'med to affect the operation 61 of 1951 45 after the apl)ointed dav of the all-india rt"rvicec; act 1951, or the rules or rel!ulations made' thereunder in relation to the state cadrp!; of the said services referred to in sub-section (2) or sub~section (-i) and in relation to the memb~ of those services borne on the state eadrea 40 (1) on and from the appointed day there shall be constituted for the state of himachal pradesh the following serviees namely:-provision relatin, to certain services (a) the himachal pradesh administrative service; and (b) the himachal pradesh police service (2) the initial strength and composition of the cadres of the said , services shall be such as the administrator of the existing union territory of himachal pradesh may with the approval of the central government by order detennine before the appointed day (1) on and from the appointed day the existing delhi himachal pradesh and andaman and nicobar islands civil service (hereinafter referred 10 to as the existing civil service) shall be known as the delhi and andaman and nicobar islands civil service and the delhi himachal pradesh and andaman and nicobar islands police service (hereinafter referred to as the existing police service) shall be known as the delhi and andaman and nicobar islands police service is (4) such members of the existing civil service as the central government may by order specify shall be allocated to the cadre of the himachal pradesh administrative service and such members of the existing police service as the central government may by order specify shall be allocated to the cadre of the himachal pradesh police service 20 and any such order may specify the date or dates from which the allocation made thereunder shall be effective (5) all persons who are allocated under lub-lection (4) and who immedia,tely before the date on which they are allocated are borne on a select list for promotion to a state cadre of an au-india service shall 2, bf' qeemed to have been included in the same order as in that lilt in the select list for promotion to the state cadre of the same service constituted under sub-section (2) of seetion 39 (6) subject to the foregoing provision, of thil seetion the rules and regulations applicable to or in relation to the members of the existing 30 civil service and the existing police service as in force immediately before the appointed day shall so far as may be, apply respectively to and in relation to the members of the himachal pradesh administrative: service and the himachal pradesh police service until altered repealed or amended by the competent authority 35 (7) every member of the central health service who immediately before the appointed day is holding any post in the existing union terri· tory of himachal pradesh being a post included in the authorised strength of that service, shall until otherwise directed by the central government, be deemed to be on deputation on and from the appointed day, to the 40 government of the state of himachal pradesh on thp same tenns and conditions of service as are applicable to him under the central health service rules, 1963 but without any deputation allowance: provided that the period of such deputation shall in no ease extend beyond a period of three years from the appointed day 4s explanatidn-in this sub-section, "central health service" mean8 the central health service constituted under the central health  service rule!! 19(18 tl (1) every person who immediately before 'the appointed day is prarision lerving in connection with the affairs of the union under the administra- ~~tinllo tive control of the administrator of the union territory of himachal vie:: ser-pradesh shall unless otherwise directed by an order of the central gov-s emment be deemed to have been allocated for service as from that day in connection with the affairs of the state of himachal pradesh: provided that no directions shall be issued under this section after the expiry of a period of one year from the appointed day: ) provided further that nothing in this section shall affect the operation 3rof 1966 10 of section 82 of the punjab reorganisation act 1966 (2) the provisiqds of this section shall not apply in relation to persons to whom the provisions of sections 39 and 40 apply 42 (1) nothing in this section or sections 40 and 41 shall be deemed ~ther prato affect on or after the appointed day the operation of the provisions of :o18~::l:' is chapter i of part xiv of the con'stitution in relation to detennination ot the conditions of service of persons serving in connection with the affairs of the sta:te of himachal pradesh: provided that the conditions of service applicable immediately before the appointed day in the case of any person referred to in section 40 or ~o section 41 shall not be varied to his disadvantage except with the previous approval of the central government (2) all services prior to the appointed day rendered by a person allocated under section 40 or deemed to have been allocated under section 41 in connection with the administration of the union territory of hima-~s chal pradesh, shall be deemed to have been rendered in connection with the affairs of the state of himachal pradesh for the purposes of the rules regulating his conditions of service es every person who immediately before the appointed day is holding provisions or discharging the duties of any post or otfice in connection with the ~~;:~~-30 administration of the union territory of himachal pradesh, shall conti- officen in ilu' to hold the same post or office in the state of himachal pradesh and same postl -  shall be deemed, on and from that day to have been duly appointed to the post or offtce by the government of, or other appropriate authority til; the state' of htmachalpradesh : 35 'provided that nothing in this section shall be deemed to· prevent a eompetent authority on or after the appointed day from passing in relation to, sueh }:lerson any order affecting his continuance in such post 01! office '" 'the' central government may, by order, establish one or more advisory admory committees for the p1ji'pcise of ulisting it in regard to-conunitteea 40 (a) the discharge of its functions under this part; and (b) the ensuring of fair and equitable treatment to an persons aftected by the provisions of this part and the proper consideration of any reprehntations made by such persons fl the central government may sive such directions to the govern- power of , ment of the state of himachal pradesh as may appear to it to be ~~:a~ment neee_1l'1 for the purpoae of giving effect to the foregoing provisions of to iiv~ this 'part and also'the proviiions of part' ix of the punjab reorganisation direcuonl act 19g6, and the state govemment shall comply with such directions  partviu legal and miscellaneous provisions41 on and from the appointed day-amen4medt of article alo and article 239a (4) in article 21, in clause (2), the following proviso ahall be inserted at the end, namely:-s 'provided that in relation to the legislature of the state of himachal pradesh this clause shall have effect as if for the worda "fifteen years" occurring therein, the words utwenty-ftve yean" were substituted'; (b) in article 239a, in clause (1), the words "himachal pra- 10 desh" shall be omitted amendment '7 on and from the appointed day, in clause (a) of section 15 of th, ~~ 010:9,6 states reorganisation act, 1956,-(i) for the word "punjab", the words "punjab, himachal pradesh" shall be substituted; x, (ii) for the words "himachal pradesh and chandigarh", tho words "and chandigarh" shall be substituted, amendment 48 in the government of union territories act, 1963, in cla\18e (h) of ~act 30 of sub-section (1) of section 2 and in sub-section (2) of section 44, the 17v3· words "himachal pradesh" shall be omitted zc, 49 (1) all laws in force, immediately before the appointed day, in the existing union tenitory of himachal pradesh shall continue to be in force in the state of himachal pradesh until altered, repealed or amended by a competent legislature or other competent authority (2) for the purpose of facilitating the application in relation to the 2, state of himachal pradesh of any law made before the appointed day, the appropriate govc!rnment may, within two years from that day,  by order, make such adaptations and modifications of the law, whether by way of repeal or amendment, as may be necessary or ex-pedient, and thereupon every such law shall have effect suhject to the adaptations 3cj and modifications so made until altered, repealed or amended by a competent legislature or other competent authority ~ explanaticm-in this section the expression "appropriate govemment" -:; means, as respects anv law relatinj!' to a matter enumerated in the union list in the seventh schedule to the constitution, th'" central govem- 35 ment; and as respects any other law, the government of the state of himachal pradesh power to c:oil8truel lawt so notwithstanding that no provision or insufficient provision has been made under section 49 for the adaptation of a law made before the appointed day, any court, tribunal or authority required or empowered 40 to enforce such law may, for the purpose of facilitatine: its application in relation to the state of himachal pradesh, construe the law in such manner not aftectin~ the substance as may be necessarv or p~r in reslam to the matter before the court, tribunal or authority, as the case may be ' i ii an courts and tribunal8 and all authorities dischar,me lawful provision functions throughout the existing union territory of himachal pradesh as t~ c:onunuance or any part thereof immediately before the appointed day shall, unless of c:oul1i, their continuance is inconsistent with the provisions of this act or until etc: 5 other provision is made by a competent legislature or other competent authority, continue to exercise their respective functions 12 the provisions of this act shall have effect notwithltanding tbhlg inconsistent therewith contained in any other law " (j) if any difticulty arises in giving effect to the provisiona ot tbij power to 10 act, the president may, by order, do anything not inconsistent with such ~~ provisiona which appears to him to be necessary or expedient tor the  purpose of removing the difficulty (2) every order made under this sectionhall be laid before each houle of parliament 15 m (1) the central government may, by notification in the ofllcial power to gazette, make rules to give effect to the provisions ot this act ~ rwn_ (2) every rule made under this section shall be laid as soon aa may be after it is made before eac~ house of parliament while it is in session for a total period of thirty days which may be comprised )0 in one session or in two successive sessions, and if, before the expiry ot the session in which it is so laid or the session immediately following, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case 25 may be; so, however, that any such modification or annulment shall be without prejudice to the validity ot anything previously done under thai rule  the first schedule[see section 19(1)]  go amendment of the constitution' (scheduled castes) oaom,l950(1) in paragraph 4, for the portion beginning with the words, flgurel and letter "and any reference in parts iva and x of the schedule" and ending with the words and figures "the first day of november, 1966", the followini shall be substituted, namely:-35 "any reference in parts iva and x of the schedule to a state or to a district or other territorial division thereof shall be construed u - reference to the state, district or other territorial division consututed as from the first day of november, 1966; and any reference in part xiv to a state or to a district or other territorial division thereof shall be construed as a reference to the state, district or other territorial division constituted 88 from the day appointed under clause (4) of ection 2 of the state of himachal pradesh act, lino" (3) lnth schedule, after part xm, the folio~partli1iad "ti1-mi'ted, namely:-:  ''part xiv-himachal praduh1 throughout the state except the territories specified in :sub-leeuaa (1) of section 5 of the punjab reorganisation act, 1966 (310fl968):-s 1 ad-dharmi 2 badhi or nagalu 3 bandhela 4 balmiki, chura or bhangi 5 bangali 8 banjara 7 balw 8 &rad 9 barar 10 batwall 11 bawaria 12 bazigar 13 bhanjra 14 chamar, machi, ramdali, ravidasi or ramduia 15 chama! 16chhlmbe (dhobl) 17 chuhre 18 dagi 19 daole 20 darai or daryai 21 daule 22 dhaki or toori 23 dhaogri or dhuai 24 doom or doomna 25 dumne (bhanjre) 26 hali 27 hem 28 jogl 29 julahe 30 kabirpanthi, julaha or keer 31 kamoh or dagoii ·32 karoaclt 33 khatik 34 koli 35 lohar 36 mazhabi 37 meah • nat 38 cd 40 pui 41 phrera go rebar s o rebara 44 sadii 45 sapela 46 sarde, sarare or slryare 47 sarehde 10 a sik:1jgar 49s1p1 ~ sfrk1band gl teli 52 thath1ar or thathera 15 2 in the territories specified in sub-section (1) of ectiod , of the punjab reorganisation act, 1966 (31 of 1966):-1 ad dharmi 2 bangall 3 barar, burar or berar 20 4 batwal 5 bauria or bawaria e bazigar 7 balmiki, chura or bhangi 8 ':bhanjra 25 9 chamar, jatia chamar, rehgar, raigar, ramdasi or ravidaai 10 chmal 11 dagi 12 darain 13 dbanak 30 14 dhogri, dhangri or siggl 15 dumna, mahasha or doom 16 gagr& 17 gandhua or gandil gondola 18 kabirpanthi or julaha 35 19 khatik 20 kari or kou ' 21 mar1ja or mareeha 22 mazhabl 23megb 40 24 nat 25od 28 put 2'1' perua 29 sanhat 30 sanhaj 31 sanaoi 32 sanai, bhedkut er manllh 33 sope1a 34 sarera 35 s1kl1gar 36 sirkiband"  the second schedule [see secuon 19(2)] audn>mdt o till: constitution (schj:duud cabfti) (union tmuurorml) order, 1951(1) in paragraph 4, for the words and figures "parta n and v" in both the places where they occur, the word and figure "pan v" ihall be iu~ j, tituted (~) in the sc:hedule, part ii shall be omitted  the third schedule [see section 20(1)] amendment of the constitution (saalot1led tbma) cad, 1950 20(1) in paragraph 3 for the portion beginning with the words figures and letter "and any reference in parts iv and vila" and ending with the words, figures and letters "as from the 1st day of may, 1960", the followina shall be substituted, namely:-"any reference in parts iv and vila of the schedule to a state 2s or to a district or other territorial division thereof shall be construed as a reference to the state, district or other territorial division constituted as from the 1st day of may, 1960; and any reference in patt xlli to a state or to a district or other territorial division thereof shall be construed as a reference to the state, district 30 or other territorial division constituted as :from the day appointed under clause (4) of section 2 of the state of himachal pradesh act, 1970" (2) in the schedule, after part xll, the following part shall be inserted, name1y:-"    "part xiii-himachbi pradesh1 throughout the state except the tei1rltoriee specl1led in iiub-motion (1) of sectibn 5 of the punjab reorganisation act, 1966 (31 of 1966):-1 gaddi 2 gujjar 3 jad, lambs, !champa and bhot or bodh 4 kanaura or kinnara 5 lahaula 6 pangwala s 2 in lahaul and spiti district:-1 gaddi 2 swangla 3 bhot or bodh"  the fourth schedule 10 [see section 20 (2)] amddment of the constitution (schedt1led '1'luns) (umon teruutories) order, 1951(1) for paragraph 3, the following paragraph shall be lubbtituted, 51 namely:-"3 any reference in this order to a union territory shall be coilioo trued as a reference to the territory constituted as a union terrttol'1 u from the 1st day of november, 1956" (2) in the schedule, part i shall be omittec:i  statement of objects and reasonson 31st july 1970, it was announced in the lok sabha that government had decided to grant statehood to himachal pradesh and a 13ul to give effect to that decision would be introduced in parliament as early as possible on the 3rd september, 1970, the house was informed ' that the necessary bul in this behalf would be brought forward in the next session of parliament the state of himachal pradesh bill, 1970, seeks to estab-ush a new state of himachal pradesh, comprising the territories of the existing union ~erritory of himachal pradesh and makes the necessary supplemental, incidental and consequential provisions in relation to the establishment of the new state, including representation in parliament and in the state legislative assembly the notes on clauses explain in detail the various provisions of the bill new jl)zuu; k c pant the lit decembe1', 1970  president's recommendation under articles 117 and 274(a) of'the constitution of india[copy of letter no 10128170-sr, dated the 4th december, 1970 trom shri kriahna chandra pant, minister of state in the ministry of home aftairs, and minister of state, departments of electronics and scienttfic and industrial research to the secretary, lok sabha] the president having been informed of the subject matter of the bilj to provide for the establishment of the state of himachal pradesh and for matters connected therewith, recommends the introduction of the bill in the lok sabha under articles 117(1) and 274(1) of the constitution and the consideration of the bill in the lok sabhs under article 117 (3) of the constitution clau1e8 3 and' 4  etauae 3 -prbytclee for the, eaablishment ot the· dew ita't of himaehal pradelh·whst claute4  ileceaary codsequenual amendment in the nm·; sehedule to the censtitutlon ciguns 5 -cmd ~  trheae clauses deal with the fepreaentauon of ~chal pradesh in the couftetl 01'&8 ai prerdt there  three  _ in the sa1d counotl for the uftioft tenitory of -hi  chal pradeab it 11 proposed toa1lot the hmiit number, of  to· die; aew state the tht~ li1~g meij1bers'trom himachal ) pradesh in the -oouncll of states wl11 be d_med·tohaw been dulyeleetett-a!ld wtn,repnhllt the new·state for their unexpired term  ciotin 7-tbe~t"··qf a cgbiequs-tial naturec'l4user 8, sand 14_these deal with representation ot himachal prad1nrbtn the hcnjie,ol,tliepeop1e; tiae· uaiod tel1dtol"y ot himachal pra- uite< other tjdtob territorjies hie-been awen ~gbtage -in its representatsob 1ft· lok sabha rand hut· p&resehttx· members in that house 'i'hia wefp"''' eumot· eobudu when himeehal pradesh becomee a state b4teause- the nnt stai!e- baa to be t1le8" at 'p8f wjtb other states for purposes of reprl!llllitation in lok sabhe [viele article 81 (2) (a) ot the collltltuuen] 'rhe lut delimitation cqrnmjmion had allotted lok sabha seats to the statesin the ratio of one seat tpr a population of 8'72 lakh, according to 1961-cej;18", as the popui_tton of l,ifmachal pradesh, according to the 1961-cenaus, is 28 ·12 lakhs, fuj!lachal pradesh would, aeeordtng to the said ratio, be entitled to 3: 22 seats four seats are, therefore, proposed to be allotted to the new state in the house of the people however   there ,repractical diftlculties io re~u~ing the seats from 6 to 4 immediately pn himachal prad~ being made a state accordingly, as a transitfonal mequre, for the duration of the unexpired term of the present lok sabha, ft, js proposed to allot six seats for the new state in the house of the people [vi4e clauae 8j and provide that the sl" sitting members in that :house from himachal pradesh will reprel$ent the new state for the unexpired term of the present lqk ~abhj in the lok sabha to be constituted after the diuolution of the present house himachal prade~h will hive only four seats [vide claus 14j c14me310 to 13 ilm·clcttft·1s-thesedeal with the legislative assembly of the new state at present the legislative assembly of the union territory' of himachal pradesh has sixty members elected from territorial constituencies and ·tbne members nominated bv tfte central government w],en himachal' pradesh becomes'a state nominations would not be permissible except under article 338whichrelate5 to the representation bi -~ndian coii\i1ltu\i4y in claubel 10 pd it provision has been ~ " made that the existing sixty elected members of the legislative assembly of the union territory shall be deemed to have been elected to the legislative assembly of the new state and that the term of the assembly of the new state shall expire on the date on which the term of the existing assemb'ly of the union territory of himachal pradesh would expire clause 12 provides for the continuance of the existing speaker and deputy speaker of the legislative assembly of the union territory of himachal pradesh whilst clause 13 provides for the continuance of the existing rules of procedure of that assembly clause 15 provides that the total number of seats in the legislative assembly of the new state to be constituted after the dissolution of the existing assembly shall be sixty-eight th~ strength of the new assembly has been fixed at sixty-eight having regard to the fact that himachal pradesh will lose two seats in the lok sabha and also three nominated members of the assembly and the need for adopting a multiple of the lok sabha seats i clause 16-this provides far necessary consequential amendments in the representation of the people act, 1950 clauses 17 and 18-these clauses provide for delimitation of the parliamentary and assembly constituendes by the election commission according to the procedure generally followed by the delimitation 'commission it will be necessary to complete the delimitation in the shortest possible time as the general elections are approaching hence,' the usual provision as to public hearing has deem dispensed with " clauses 19 and 20 and the schedules-these seek to make the necessary consequential amendments in the constitution (scheduled castes) order, 1950, the constitution (scheduled castes) ,(union territories) order 1951, the constitution (scheduled tribes) order, 1950, and ,the constitution (scheduled tribes) (union territories) order, 1951 clauses 21 to 32-at present the jurisdiction of ,the delhi high court extends to the union territory of himachal pradesh the states of punjab, haryana and the union territories of chandigarh and himachal pradesh have a common, bar council known as the, punjab and haryana bar council it is proposed to e~tab1ish a separate high court,fox: the new state and also provide for a separate bar council for that state clause 21 provides for the establishment of a separate hi~h court for himachal pradesh whj]~t claus€' 24 provipes for the' constitution of ~ separate bar council for that state the detailed provision~ contained in clausel; 21 to 32 follow brolldlv the relevant provisions of the nrevious reorgani<'ation acts and cleal inter alia with the powers, functions and the procedure to be followed by the new high court - - clctuses 3~ 1:0 3g-these clauses d~alwitn the authorisation nf exnendf~ tul'e and 11tmihution of revfnu~ as it wili' take some time for the new state tn p"~a"e its blln~et antl havp it apnl'ovm hv the ~tllt~ t,erti<:lah,"e provision hils hpf>n matle inclau!iie 3~ 'tnat b-fnl'p' the nf>w ~+qte cnmes into' exist~neeth~ pl'psident mftv bv order atjthorfs~ exnendfture fmm' 'the consolidated fund of the state for a neriod of ~ix months thereafter the power win be exerds@d by the 'governor provision lws been made in clause 35 to enable the president to determine the allowance and privileges of the governor of the new state clause 36 empower the president to determine by order the arants-in-aid to the new state and ita ahare of central taxea clause, 37 and 3b-these clauses relate to transfer of property, assets rights, liabilities and obligations to the new state clause 37 providee that all properties and other assets in the union territory of himachal pradesh which are at present held for purposes of governance of the union territory and which are not properties or assets held for union purposes shall vest in the new state along with the cash balances in the treasuries in the union territory under the same clause, all rights, liabilities and other obligations arising out of, or in connection with, the governance of the union territory excluding those relatable to union purposes become the rights, liabilities and obligations of the new state however, institutions, undertakings or projects financed at present out of the consolidated fund of india and properties of the central government placed at the disposal of the government of himachal pradesh will not be transferred to the new state [vide clause 37 (4)] it is not proposed to transfer any debt liability to the new state on account of capital outlay mad~ by the central government on the properties which become vested in the new state under the provisions of clause 37 clause 3b-this clause makes special provisions as to transfer to the new state of assets, rights, liabilities etc, of the union in relation to the territories transferred to himachal pradesh under the punjab reorganisation act, 1966 some of the assets and liabilities relatable to the area transferred to himachal pradesh under the said act have already been transferred to himachal pradesh but there are other assets and liabilities of composite punjab which are yet to be allocated and which are to be similarly transferred clau;ses 39 to 45-these clauses make provisions as to services and follow broadly the corresponding provisions in the earlier reorganisation acts clause 39 makes provision for establishing separate cadres of all-india services for the new state and for allocating to these cadres officers of the corresponding existing union territories cadres of the services clause 40 provides for allocation to the new state of officers of the stat level civil service and police service which are at present common to delhi, himachal pradesh, and andaman and nicobar islands the clause also provides for deputation, for a period not exceeding three years, to the new state of officers of the central health service who are at present holding posts in the union territory of himachal pradesh clause 41 provides that persons who are at present serving in connection with the aftairs of the union under the administrative control of the administration of union territory of himachal pradesh shall, unless otherwise directed by the central government, stand allocated to the new state clauses 42 and 43-these are on the same lines as corresponding provisions of the previous reorganisation acts clause 44-this clause provides for the establishment of one or more advisory committees by the central government for the p~ of assistina it in reprd to the discharse of i~ tun~ons "'~tin to proviltq~ to terv10es and for edlumg a fair and eq\litable treatment to au· ~ 80 aftected i clauit 4s-this clause eqlpowers the central gqvernment to give ~ons to the new state for tb~ pwpc: otli~ eff~ ~ the v~~u8 provisions (including thole in part ix of the punjab reorgllmaatian act, 1966)· relating to lervicet clauses 46 to 48-these clauses make consequential amendments in article 210 (relating to larigua~e to"beuted' in' ute '~lislature) of : the constitution, sfictio'n 15 (nlatlng to 'zt>rtal etnmcils) of 'tlte '!'tates' 'beorganisation act, 1956 and tlie 'govei1u11!nt' of :uhlbh tenitorles aet, 1963 clcuses 49 to 54-these oliuses make the u,ual proviliojl8 rasardiaa the eeftti1\uanee of' exiltttlf laww, adapta\:leu: 'efi dlt)m ;1,( ual' their:  te!'pretatioa by' :eoupts, ftc tlieee pttwttod' feu, "tile~diiii provisi'ons of the ppevi8u!jreor,ljllsatten a • clause 17> of the bill seeks to empower the election commission of india to delimit or re-allocate the assembly and parliamentary constituencies of the new state of himachal pradesh for this purpose, nonrecurrine expenditure of about rs 10,000 will have to be incurred this expenditure will be met from the consolidated fund of india 2 clause 44 of the bill seeks to empower the central government to establish one or more advisory committees for the purpose of uliltiag it in regard to the discharge of its functions in relation to allocation of members of the services and the ensuring of fair and equitable treatment to all persons a1fected some expenditure, not exceeding ri 5,000 may have to be incurred out of the consolidated fund of india on acoount of uavewn,g allowance ~ members of the committee 3 according to budget estimates of himachal pradesh for the cult8i1t ~ the domestic revenue receipts of the union tenitol"y are rs 2065 crorea while the non-plan expenditure on revenue account (excluding the estimated ezpediture of ri 3 crores on border roads) il ri 37 m crores, leavms _ lap of about rs 1689 crore, this gap is b~g met by grantin-aid iiven by the central government as a state, himachal pradesh will be entitled to a ellare in the central taxes which will be determined in pursuance of clause 36 of the bill this would augment the state's reveftue to the ateat of ab&ut ri 5a4 arore on the buis of current year's tim_tes, leaving a don"plan reven,ue deftctt of riis 1165"01'88 in the put the fjdanee coldlllillion had taken note of uch deficits and recommemied suitable grants-in-aid \la'der article 275 (1) of the constitution for varioui state it tl, therefore, proposed to provide for such qlwltum of grafttinaid to the new state  may be eonsidered necearry until the reeommendatiens of the next finance c9&nmihion become available, by suitably amantiiagtbe provieion of coqliituticm (distribution of revenues) order, 1969, in exercise of the powers sought to be taken under claule 31 -i the bill tb ·grantin-aid for border roads will conijnue to be iiyell' ed· tke aame pattern, ai ~ other statei at· prjhn\ it ii 100 per ceat of tit· apenditur-e 4 the quantum of central plan assistance to hbnachal pradesh durin, the fourth plan period has already been settled it is now being given in the form of grants-in-aid and loans the same pattern of usistanee is ,roped to be cont~ued for the rest of the plan period the depar~u'e frdjll ~ present pattern of financial assistance is not expected to result ill any aikliuonal el'penditure from the consolidated fund of india but aay future increase in the expenditure of himachal pradesh will have to be normally met by the government of the new state by augmmtbl ita nvenue clause 24 of the bill provides inter az'ia for the setting up of a bar council tor the new state and also for the necessary modifications or amendments to certain provisions of the advocates act under one of these modifications, namely, that provided in sub-clause (4) (a) of c1ause 24, the bar council of india is being empowered to prescribe by rules the manner in which the advocates intending to practise within the jurisdiction of the bar council of the new state may express their intention in that behalf sub-clause (5) (f) of clause 24 provides that the rules made or deemed to have been made by the bar council of punjab and haryana shall be deemed to be rules made by the bar council of the new state subject to such modifications and adaptations as may be made therein by the chairman of the bar council of the new state clause 35 of the bill enables the president to determine by order the allowance and privileges of the governor of the new state clause 36 of the bill empowers the president to determine by order the grants-in-aid to the new state and its share of central taxes and amend for that purpose the relevant provisions of the union duties of excise (distribution) act, 1962, the additional duties of excise (goods of special importance) act, 1957, the estate duty (distribution) act, 1962, and the constitution (distribution of revenues) order, 1969 clause 38 of the bill makes special provisions as to transfer to the new state ot assets, rights, liabilities, etc, of the union in relation to the territories transferred to the existing union territory ot himachal pradesh by the punjab reorganisation act, 1966 sub-clause (4) ot the clause provides that for the purpose of giving effect to the provisions ot the clause the central government may, by order, direct that the relevant provisions of the punjab reorganisation act, 1966, shall have effect subject to auch exceptions and modifications as may be specified in the order clause 49 of the bill provides tor the adaptation of existing laws to facilitate their application to the new state the power to adapt is being conferred on the central government in the case of laws relating to matters enumerated in the union list in the seventh schedule to the constitution and on the government of the new state in the cue of all other law • clause 54 of the bill empowers the central government to make rules to give effect to the provisions of the bill when enacted the rules, if any, will be confined to matters of procedure and other mattera of minor detail relatfni to the enforcement of the vanoul provisions included in the bid the aforementioned provisions are modelled on identical or analogoui proviaions in the states reorganisation acta palled by parliament earuer besides, they are mainly of a consequential nature or pertain to matters of detail and proceciure a3 such, the proposed deleeation of lei1&lative powers is of a normal character  - - extaacts nom the constitution or india - - - - part viii the union territories - - - - - zsla (1) parliament my by law create for any of the union territori of himachal pradesh, manipur, tripura, goa, damall and diu, and pondicheny- (4) a body, whether elected or partly nominated and partly elected, to function as a legislature for the union territory, or creation of local la,ulaturea or council of ministers or both for certain union territories (b) a council of ministers, or both with such constitution, powers and functions, in each cue,  may be specified in the law - - - -  - first schedule [articles 1 and 4] - •- - - ii the union territories 2 himachal pradesh the territories which inunedlately befbre the commencement of this constitution were bein, administered a if they were chief commissioners' provinces under the names of himachal pradesh and bilaspur and the territories specifted in bub-section (i) of section 5 ot the punjab reorganisation act, 1966 - - - - - fourth schedule [articles 4(1) and 80(2)] allocation of seats in the councn of states to each state or union territory specified in the first column of the following table, there shall be allotted the number of seats specified in the second column thereof opposite to that state or that union territory, as the case may be - 19 himachal pradesh -   extracts from the representation of the people act, 1950(43 of 1950) - - - - - part iva  manner of i'illing seats in the council of states to bj: fillicd iy representatives oj' union terlutoriesz1a (1)· - - - - - constitution - of electoral (4) the electoral college for each of the union territories of himachal co1le,ei for pradesh, manipur, tripura and pondicherry shall consist of the elected :,t;e ee!!lir;: members of the legislative assemblyconstituted for that territory under the coanc·1 the government of union territories act, 1963 ~ottel~~c, - - - - - udioa tlrlitcne, ,  -••  the first schedule (see section 3) altocation or skat! m 'till houn oj' thb pzo~november, 1966  it umon·'l'ltluu'rories: 8 himachal pradesh 5 1 8 1 - • - the second schlmule (see section 7) totel n1lmbet' c1f seats in the legilatitle a"emblie,name of lbe state/union territory number of eats id the lesillatin aaaembly  subtcquqluy codasitoted number of searl in the l:gialative allembly  collltimed on the 1st november 1956 ~erved totll for the reserved totll for the scheduled tribet relerved reaerved for the for tb scheduled schedu\ed caate tribes sch~qled cllltes , 3 - - 4 5 - - i - 6 7 - - ii union territories: - - - - 14 - - - - 2 - 60 - - - 3 - (37 of 1956) - - - - - - par:r iii eetablieb of haryana, ment of unio1'l terri- zonal councila - zones and zonal councils - - - - - 15 a15 from the appointed day, th,re shall be a zonal council for each of the fohowtagjlve zones, namely:-(4) the northern zone, oomprising the states punjab, rajasthan and jammu and kashmir and the toties of delhi, himachal pradesh and chaildtgarh; - - - - - - ex'l'lvoct trom thb ainocatrs act, 1961 (25 -of 1961) - - - - -  - chapter u bar cdtmcns •- i (l) there shall be a bar couneil-      ~~ (d) tor the states of punjab and haryan and the union tn" tories of chandigarh and himachal pradesh to be nown as the bar council of punjab and haryana; - - - - - extracts 'from the government of union territories act, 1963 - - (20 of 1963) - -  - part i preliminary •- - dctlnitions and nter- i pretation - - 2 (1) in this act, unless the context otherwise requires,-- - - - - (h) "union territory" means any of the union territories of himachal pradesh, manipur, tripura, goa, daman and diu, and pondicherry  (2) any reference in this act to laws made by parliament shall be costrued as including a reference to ordinances promulgated by the president under article 123 and a reference to regulations made by the president under article 240   - - - - extract from the constitution (scheduled castes) order, 1950 - - - - - 4 any reference in this order, except in parts iv, iva, vila and x of the schedule, to a state or to a district or other territorial division thereof, shall be construed as a reference to the state, district or other territorial division, constituted as from the first day of november, 1956; any reference in parts iv and vila of the schedule to a state or to a district or other· territorial division thereof shall be construed as a reference to the state, district or other territorial division constituted as from the first day of may, 1960; and any reference in parts iv a and x of the schedule to a state or to a district or other territorial division thereof shall be construed as a reference to the state, district or other territorial division constituted as from the first day of november, 1986 -   - - extracts from the constitution (scheduled castes) (union territories) order, 1951 - - - - - - 4 any reference in this order, except in parts ii and v of the schedule, to a union territory shall be construed as a reference to the territ()ry constituted as a union territory as from the 1st day of november, 1956; and any reference to a union territory in parts ii and v of the schedule shall be construed as a reference to that territory as existing on the 1st day of november, 1966 the schedule - - - - - - part ii-himachal pradesh 1 throughout the union territory except the territories specified in sub-section (1) of section 5 of the punjab re-organisation act, 1966:-1 ad-dharmi 2 badhi or nagalu 3 bandhela 4 balmiki, chura or bhangi 5 bangali 6 banjara 7 banai 8 barad 9 barar ,; 10 batwal 11 bawaria 12 bazigar 13 bhanjra 14 chamar, machi, ramdasi, ravidasi or ramdasia 15 chanal 16 chhimbe (dhabi) 17 chuhre 18 dagi 19 daale 20 darai ar daryai 21 daule 22 dhaki or toori 23 dhaogri ar dhuai 24 doom or doomne 25 dumne (bhanjre) 26 hali 27 heal 28 jori 29 jlliahe 30 kabirpanthi, julaha or keer 31 komoh or dagoli 32 karoack 33 khatik 34 koli 35 lohar 36 mazhabl 37 m~gh 38 nat 390d 40 pasi 41 phrera 42 rehar 43 rehara 44 sansi 45 sapela 46 sarde, sarare or sirysre 47 sarehde 48 slkligar 49 sipi 50 sirkiband 51 teli 52 thathiar or thathera 2 in the territoriee apecifted in iub-lection (1) of section 5 of the punjab re-organisation act, 1966-:-1 ad dharmi 2 bangali 3 barar, burar or berar 4 batwal 5 bauria or bawaria 6 bazigar 7 balmiki, chura or bhangi 8 bhanjra 9 chamar, jatia chamar, rehgar, raigar, ramdasi or ravidasi 10 chanal 11 dagi 12 darain 13 dhanak 14 dhogri,' dhangri or siggi 15 dumna, mahasha or doom 16 gagra 17 gandhila or gandil gondola 18 kabirpanthi or julaha 19 khatik 20 korl or koli 21 marija or marecha 22 mazhabi 23 megh 24 nat 250d 26 pasi 27 perna 28 pherera 29 sanhai 30 sanhal 31 sansoi 32 sansi, bhedkut or manesh 33 sapela 34 sarera 35 sikligar 36 sirkiband - - - - - ex'i'rac1' from the constitution (scheduled tribes) ordell, 1950 - '" '"   '" 3 any reference in this order, except parts iv and vii-a of the schedule, to a state or to district or other territorial division thereof, shall be construed as a reference to the state, district or other territorial divisi'on, constituted as from the lstday'hf november, 1956; and any reference in parts iv and vii-a of the schedule to a state or to a district or other territorial division thereof shall be construed as a referrence to the state, district or 'other territorial division, constituted as from the 1st day of may, 1960, oil                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         '" extract from the constitution (scheduled tribes') (union territories)                         order, 1951                                                                            -                                                 -                                                              -     3 any reference in this order, except in part i of the schedule, to a union territory shall be construed as a reference to the territory con-stituted as a union territory as from the 1st day of november, 1956; and any reference to a union territory in part i of the schedule shall be construed as a reference to that territory constituted as a union territory as existing on the 1st day of november, 1966  the schedule part i-himachal pradesh1 throughout the union territory except the territories specified in sub-section (1) of section 5 of the punjab reorganisation aet, 1966:-1 gaddi 2 gujjar 3 jad, lamba, khampa and bhot or bodh 4 kanaura or kinnara 5 lahaula 6 pangwala 2 in lahaul and spiti district:-1 gaddi 2 swangla 3 bhot or bodh - - - - - - , -~'""'"   ''''  a bill ·0 provide for the establishment of the state of himachal pradesh and for matters connected therewith (shri krishna chandra pant, minister of stale in the ministry of home affairs, and minister of state, departments of electronics and s denti fie and industrial research) 