 the raryana and uttar pradesh (alteratlon of boundaries) bill, 1978 arrangement of clauses part 1 preliminary clauses1 short title 2 definitions part ii  alteration 010' boundaries3 replacement of fluctuating boundaries by fixed boundaries 4 transf~r of territories 5 amendment of first schedule to the constitution  part iii representation in the legislatures6 construction of delimitation orders 7 provision as to sitting members  part iv high courts8 extension of jurisdiction of, and transfer of proceedings to, high court of punjab and haryana 9 extension of jurisdiction of, and transfer of proceedings to', high court at allahabad 10 right to appear in any proceedings transferred under seetion 8 or section 9 11 interpretation , , • \ i: part v  authorisation of expenditure12 appropriation of moneys for expenditure in transferred territorlet under existing appropriation acts 13 reports relating to accounts of haryana and uttar pradesh  part vi ,apportionllolent of assets and liabilitliiclauses 14 land and goods 15 arrears of taxes 16 right to recover loans and advances 17 refund of taxes collected in excess 18 deposits 19 contracts 'i 20 liability in respect of actionable wrong 21 liability as guarantor of co-operative societies 22 items in suspense 23 apportionment of assets or liabilities thy agreement 24 power of central government to order a1location or adjustment in certain cases 25 expenditure to be charged on the consolidated fund  part vii legal and miscellaneous provisions26 state financial corporations and state electricity boards 27 territorial extent of laws 28 power to adapt laws 29 power to construe laws 30 legal proceedings 31 transfer of pending proceedings 32 construction of boundary pillars, etc 33 validity of demarcation done before commencement of act 34 effect of provisions inconsistent with other laws 35 power to remove difficulties 36 power to make rules the schedule  bill no 89 of 1978  the hary ana and uttar pradesh (alteration of boundaries) bill, 1978 a billto provide for the alteration 'of boundaries of the states of ha'l1lana and uttar pradesh and for matters connected therewith be it enacted by parliament in the twenty-ninth year of the republic of india as follows:- part i prl:liminarys 1 this act may be called the haryana and uttar pradesh (al;eration short of boundaries) act, 1978 title z in this act, unless the context otherwise requires,-defini tions (a) "appointed day" means the day whkh the central government may, by notification in the official gazette, appoint; 10 (b) "assembly constituency", "council constituency" and "parliamentary constituency" have the same meanings as in the represen· tation of the people act, 1950; 3 of 1950 (c) "fixed boundaries" means the boundaries demar~ateci under the proviaiolli of ~ction 3 i (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 of haryana or uttar pradesh; (e) "notified order" means an order published in the ofticial 5 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 and determined by the survey of india during the months of november, 1974, december, 1974, january, 1975 10 and february, 1975; (h) "sitting member", in ifelation to either house of parliament or of the legislature of a st~te, means a person who immediately before the appointed day is a member of that house; 15 (i) "transferred territories" means,-(a) in relation to the state of haryana, the territories transferred by this act from that state to the state of uttar pradesh, and (b) in relation to the state of uttar pradesh, the territories transferred by this act from that state to the state of haryana; 20 (j) any reference to a district of a state shall be construed as a reference to the area physically comprised within that district immediately before the appointed day  part iialte~atjon of boundaries 25 replace ment ef fluctuating boundaries by fixed boundariea 3 (1) as from the appointed day, the boundary be:tween the kamal and sonepat districts of the state of haryana and the saharan pur, muzaifarnagar and meerut districts of the state of uttar pradesh and the boundary between the gwrgaon district of the state of haryana and the bulandshahr and aligarh districts of the state of uttar pradesh 30 which at present is the deep stream of the river yamuna, shall be altered to and replaced by fixed boundaries (2) 'i11e said fixed boundaries shall be demarcated by an authority apl,)ointed in this behalf by the central government 80 as to be generally ·in conformity with the heel bouildaries deserqjed in the schedule 35 (3) for the purposes of such demarcatiotl,-(a) ,the decision of the said authority on any matter relating to the interpretation of any part of the description of the fixed boundary 'given in the schedule shall be final; (b) the said authority shall have power to determine the location 40 of the points at which the boundary pillars shall be constructed and to specify the state government which shall be responsible for the oonstnwtion and maintenance of the boundary pillars at such points accorling to such specificntions as that authori~y may indicate (tbe ~ pillars of the same specifications being apportioned, as far asprac-  ticable, equally between the two state governments), the decision of the said authority in regard to these matters being final; (c) it shall be lawful for the said authority and for any person 5 specified by such authority to enter upon and survey any area in the vicinity of any of the fixed boundaries described in the schedule and to 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 of the fixed boundaries and in the 10 vieinity thereof showing-(a) the present decp stream line and the fixetl boundary in relation to it; and (b) the names and boundaries of the villages on both sides of the fixed boundary as indicated by the state coverllment concerned with is reference to the revenue records of that government, and send authenticated copies thereof to the central govet"nment and to the state governments of hary8j1a and uttar pradesh 4 (1) as from the appointed day,-transfer of territories 20 (a) there shall be added to the state of haryana all the territories of the state of uttar pradesh which lie on the haryana side of the fixed boundaries, and the said territories shall thereupon cease to form part of, the state of uttar pradesh; and (b) there shall be added to the state of uttar pradesh all the terll'itories of the state of haryana which lie on the uttar pradesh 25 side of tbe fixed boundarie'i, and the said territories shall thereupon cease to form part of the state of haryana (2) each of the state governments o~ haryana and uttar pradesh thall, by order in the official gazette of the state, provide for the administration, as from the appointed day, of the teriitories transferred to 30 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 5 as from the appointed day, in the first schedule to the constitution, under the heading "i the states"-35 (a) for the ·entry against !'13 uttar pradesh", the following shall be substituted, namely:-amen~_ ment of first schedule tn the con-titution "the territories which immediately before the commencement of this constitution were either comprised in the province known as the united provim:es or were being administered as if 40 they formed p,art of that province, the territories specified in clause (b) of subsection (1) of section 3 of the bihar and uttar pradesh (alteration of boundaries) act, 1968, and the territories specified in clause (b) of sub-section (1) of section 4 of the haryana and uttar pradesh (alterati&n of bound8lfies) act, 19'18, 45 but excluding the territories specified in clause (a) of sub-section (1) of section 3 of the bihar and uttar pradesh (a1t1er~­tion of boundaries) actr 1968, and the territories specified m clause (4) of sub-section (1) of section 4 of the haryana and uttar plradesh (alteration of bound~ries) act, 1978"; (b) for the entry against "17 haryana", the following shall be 5 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 and uttar pradesh (alteration of boundaries) act, 1978, but ex- 10 cluding the territories specified in clause (b) of sub-section (1) of section 4 of that act"  part iii representation in the legislatures6 as from the appointed day, any reference in any order relating to delimitation of, parliamentary constituencies, assembly constituencies or council constituencies-construction of delimitation orders (a) (i) to the state of haryana, shall be construed as including the territories transferred to that state from the state of uttar pra- 20 desh under clause (a) of sub-section (1) of section 4, but excluding the territories transferred from the state of, haryana to the state of uttar pradesh under clause (b) of that sub-section; (li) to any di~trict, sub-division, police-station or other administrative unit in the state of haryana, shall be construed as includinr' 25 that part of the territories, if any, transferred to that state, which is included in that distric't, sllb-division police-station or other adminis-trative unit by order made unger sub-section (2) of section 4; (b) (i) to the state of, uttar pradesh, shall be construed as including the territories transferred to that state from the state of 30 harvana under c1aw;{'i (h) of !';ub-!';ection (1) of section 4, but excludinr' the territories transferred from the state of uttar pradesh to the state of haryana undf'r clause ca) of that sub-section; (ii) to any district, sub-division, polic~station or other administrative unit in the state of uttar pradesh, shall be construed as in- 35 eluding that part of the territories, if any, transferred to that state, which jg included in that district sub-djvigion, police-station or other administrative unit hy order made under sub-section (z) of section 4 provision all to sitting members '1 (1) every sitting member of the house of the people representing any parliamentary constituency the extent of which has been altered by 40 virtue o! the orovi<;jnm: of thi!'; act shall, notwithstanding such alteration, be deemed, as from the appointed day, to have been elected to that house by that ~onstituency as so altered (2) every sitting member of the legislative assembly of the state of haryanaor uttar pradesh representing any assembly constituency the 45 extent of which has been altered by virtue of th~ provisions of this act - , hall, notwithstanding such alteration, be deemed, as from the appointed day, to have been elected to the said legislative assembly by that constituency as so altered (3) every sitting member of the legislative council of the state of uttar pradesh representing any council constituency the extent of which s has been altered by virtue o£ the provisions of this act shall, notwithstanding such alteration, be deemed, as from the appointed day, to have been elected to the said legislative council by that constituency as so altered  part iv10  high courts8 (l) except as hereinafter provided-15 (<<) the jurisdiction of the high court of punjab and haryana shall, as from the appointed day, extend to the territories trapsf~rred by this act from the state of uttar pradesh to the state of haryana; and (b) the high court of judicature at allahabad shall, as from that day, have no jurisdiction in respect of the said territories extenaion of juris diction of, and transfer of proceedings to, high court of punjab nnd (2) such proceedings pending in the high court of judicature at haryana 20 allahabad immediately before the appointed day as are certified 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 ami decided by the high court of punjab and haryana shall, as soon as may be after such certification, be transferred to the 25 high court of punjab and haryana (3) notwithstanding anything contained in sub-sections (1) and (2), but save as hereinafter provided, the high court of j·udicature at allahabad shall have, and the high court of punjab and haryana shall not have, jurisdiction to entertain, hear or dispose of appeals, applications for 30 leave to appeal to the supreme court, applications for review and other proceedings, where any such proceedings seek any relief in respect of any order passed by the high court of judicature at allahabad before the appointed day: prclovided that if, after such proceedings have been entertained by the 35 high court of judicature at allahabad, it appears to the chief justice of that high court that they ought to be transferred to the high court of punjab and haryana, he shall order that they shall be so trans£erred and sueh proceedings shall thereupon be transferred accordingly (4) any order made by the high court of judicature at allahabad-40 (a) before the appointed day in any proceedings transferred to the high court of punjab and h8ii'yana by virtue of sub-section (2), or (!» in any proceedings with respect to which the high court of judicature at allahabad retains jurisdiction by virtue of sub-sec-4s tion (3), llhall, for all purposes, have effect not only as an order of twe high court of judicature at allahabad, but also as an ol'der made by the highcowt of punjab and hatryana (5) subject to any rule made or direction given by the high court ,of punjab and haryana, any such person who immediately before the 5 appointed day is an advocate entitled to practise in the high court of judicature at allahabad as may be specified in this behalf by the chief justice of the high court of punjab and haryana having regard too the transfer of territories from the state of uttar pradesh to the state of haryana, shall be recognised as an advocate entitled to practise in the 10 high court of punjab and haryana 9 (1) except as hereinafter provided-(a) the jurisdiction of the high court of judicature at allahabad shall, as from the appointed day, extend to the territories transferred by this act from the state' of haryana to the state of uttar 15 pradesh; and extension at jurisdiction of, and transfer of proceediags to, high court at allahabad (b) the high collil't of pulljab and haryana shall, as from that day, have no jurisdiction in respect of the said territories (2) such proceedings pending in the high court of punjab and haryana immediately before the appointed day as are certified by the 20 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 judicature at allahabad shall, as soon as may be after such certification, be transferred to the high court of judicature at allahabad 25 (3) notwithstanding anything contained in sub-s~ctions (1) and (2), but save as hereinafter provided, the high court of punjab and haryana shall have, and the high court of judicature at allahabad shall not have, jurisdiction to entertain, hf'br or dispose of appeals, applications for leave to appeal to the supreme court, applications for review and other pro- 30 ceedings, where any such proceedings seek any relief in respect of any order passed by the high court of punjab and haryana before the appointed day: provided that if, after such proceedings have been entertained by the high court of punjab and haryana, it appears to the chief justice 35 of that high court that they ought to be transferred to the high court of judicature at allahabad, he shall order that they shall be so transferred and such p,roceedings shall thereupon be transferred accordingly (4) any order made by the high court, of punjab and haryana-(a) before the appointed day in any proceedings transferred 40 to the high court of judicature at allahabad by virtue of sub-section (2); or (b) in any proceedings with respect to which the high court of punjab and haryana retains jurisdiction by virtue of sub-section (3), shall, for all purposes, have effect not only as an order of the high court 45 of punjab and haryana, but also as an order made by the high coul't of judicature at allahabad (5) subject to any rule made or directioon given by the nigh ccnjl't of judtcature at allahabad, any such person who immediately before the appointed day is an advocate entitled to practise in the high court of punjab and haryana as may: be specifted in this behalf by the chief 5 justice 0'1 the high court of 'udicature at allahabad 'h'av1ng regam to the transfer of territories from the state of haryana to the state of uttar pradesh shall be recognised as an advocate entitled to practise in the high court of judicature at allahabad 10 any person who immediately before the appointed day is an advo-10 cate entitled to practise 'in the high cburt of punja,b and haryana or the high court of judicature at allahabad and was authorised to appear in any proceedings transferred under section 8 or section 9 shall have the right to appear in 'the high court to which the proceed1ngshave been transferred in relation to those prcceedings ri,ht to appear in any proceedings transferred under section 8 or section 9 15 11 for the purposes of sections 8 and 9,-interpretation 20 (a) proceedings shall be deemed 'to be pending in the ,high court of pulljab and haryana or the 'high court of judicature at allahabad until that court has disposed of all iuues between tie parties, including any issue with respect to the taxation of the costs of the proceedings and shall include appeals, applicatfons for leave to appeal to the supreme court, applications for review, petitions for revision and petitions for tvrits; (b) references to the high court of punjab and haryana or the high court of judicature at allahabad shaube coturtrued as incluaing references to a judge or division court thereof, and references to an arder made by a court or a judge shall be construed as including references to a sentence, judgment or decree pasaedor made by that court or judge  part v authorisation of fxpenditure30 12 (/) as from the appointed day" any act passed by the legislature of the state of haryana or uttar pradesh befcre that day for th& appropriation of any moneys out of the consolidated fund of th& state ,to meet any expenditure in il'espect of any part of the financial year in which the 35 appointed day falls shall have effect also in relation to the territories transferred to that state by the provisions of part ii and it shall be lawful for the state government to spend any amount on afty service in those territories out of the amount authorised by such act to be expended for that service during the ftnancial year in that sta~ appropriation at moneys for expenditure in transferred territories under existing ,appropriation acts 40 (2) the governor of haryana or of uttar pradesh may, after the appointed day, authorisesueh expenditure from the consolidated fund ~f the state as he deems necessary for any purpose or service in the te~­tories transferred to that state for a period of not more than s~x man s beginnin'g with the app~tnted day ~ding the sanction of suen expen(il-45 ture by the legislature of the state reports relatini to accounts of haryana and uttar pradesh 13 the reports of the co~ptroller and auditor-general of india referred to in clause (2) of atticle 151 of the constitution relating to the accounts of the state of haryanaor uttar pradesh in respect of any financial yearr ending before the appointed day shall be submitted to the governor of each of the states of haryana and uttar pradesh who shall ~ cause them to be laid before the legislature of the state  part vi apportionment of assets and liabilitiesland and looda 14 (1) subject to the other provisions of this part, all land and all stores, articles and other goods belonging to the state of haryana or 10 uttar pradesh in the transferred territories shall, as from the appointed day, pass to the state to which the territories are transferred (2) in this section, the expression "land" includes immovable property of every kind and any rights in or over such property arrears of taxes" 15 the right of the state of haryana or uttar pradesh to recover is arrears of any tax or duty on property situate in the transferred territories, including land revenue, or to recover arrears of any other tax or duty in any case where the place of assessment of that tax or duty is in the transferred territories shall belong to the state to which the territories life transferred 20 right to recover loans and advances 16 the right to recover any loans or advance~ made before the appointed day by the state of haryana or uttar pradesh to any local body, society, ag:rlculturist, or other person in the transferred territories shall, belong to the state to wh;ch the terri tones are transferred , ~:::-~ refund of taxes collected in excess 17 the liabil1ty of the state of haryana or uttar pradesh to refund 2s any tax or duty on propert~, ~tuate in tlie transferred territories including land revenue, collected in excess shall be the liability of the state to which the territories are fransferred, and the liability of the state 0·£ haryana or uttar pradesh to refund any 9ther tax or duty collected in excess in any case where the place of assessment of the tax or duty is 30 in the transferred territories shall also be the liability of the state to which the territories alfe transferred deposits 18 the liability of the state of hary8na or uttar pradesh in respect of any civil deposit or local fund deposit made in the transferred territories shall, as from the appointed day, be the liability of the state to 35 which the territories are transferred ' contracts 19 (1) where, before the appointed day, the state of haryana or uttar pradesh has made any contract in the exercise of its executive power for any purposes of the state, that contract shall be deemed to have been made in the exercise of the executive power-40 jil) if such purposes are, as korn that day, purposes relatable exclu~ively to the transferred territories, of the state to which the territories are transferred; a~d ~) in any other case, of the state which rnad~ ~ c;ontract, ind au rights and liabilities which have accrued, or may accrue, under any such contract shall, to the extent to which they are rights or liabilities of the state which made the contract, be the rights or liabilities of the state specified in clause (a) or clause '(b) above s (2) for the purposes of this sectidn, there shall be deemed to be included in thei liabilities which have accrued or may accrue under arty eonirac~ (a) any liability to satisfy an order or award made by any eourt 6l' other tribunal in proceedings relating to the contract; and 1') (0) any liability in respect of' e)cj>el1s(~s incurred in or in connection with any such proceedings (3) this section shall have effect subj~ to the other provisions o~ this part relating to the apportionment of liabilities in respect of loans, guarantees and other ftnaneial,obligations 15 20 where, iinmediately before the appointed day, the state of haryana or uttar pradesh is subject to any liability in respect of an actionable wrong, other than breach of contract, that liability shall,- liability in respect of actionable wrong (a) if the cause of action arose wholly within the transferred territories, be a liability of the state to which the territories are 20 transferred; and (b) in any other case, continue to be a liability of the state which, immediately before that day, was subject to such liability 21 where, immediately before the appointed day, the state of haryana or uttar pradesh is liable as guarantor in respect of any liability of a 25 registered co-operativesociety, that liability shall,--liability as guarantor of co-(4) if the area of the society's operations is limited to the tranlloperative ferred territories, be a liability oil the state to which the territories societies are transferred; and , \ (b) in any other case, continue to be a liability of the state which, immediately before that day, was subject to such liability items in suspense 22 if any item in suspense is ultimately found to affect an asset or liability of the nature referred to in any of the foregoing provisions of this part, it shall be dealt with in accordance with that provision apportionment of assets or liabilities by dgreement 23 where the states of haryana and uttar pradesh agree that the 3s benefit or burden of any particular asset or liability should be apportioned between them in a manner other than that provided for in the foregoing provisions of this part, then, notwithstanding anything contained therei~ the benefit or burden of that asset or liability shall be apportioned in the manner agreed upon 40 24 where, by virtue of any ai the provisions of this part, either of the states of haryana or uttar pradesh becomes entitled to any property or obtains any benefits or becomes subject to' any liability, and the central government, on a reference made within a period of three years from the appointed day by either of the states, is of opinion that it is just 4s and equitable that that property or those benefits should be transferred to, or shared with, the other state or that a contribtltion towards that liabiliiy should be made by the other state, the said property or benefits power of central govern- ment to order allocation or adjustment in certain cases shah be allocated in such manner between the two states, or the otller $ta~e shali make to the state subject to the liability such contribution in respect thereot, as the central government may, after consultation with the two state governments, by order, determine ~ a1lisumspaya~le by either the state of haryana or uttar pr~desh 5 til tpe other state by virtue of the provisions of this par;t sha,ll be eharged on the consoliclated fund of the state by whioh such sums are payable djebdlttitet()be thuaed on the codioudatd t\and  i'art vii legal and miscellanbous provlsions, 10 m as from the appointed day,-63 of 1951 (4) the financial corporations constituted under the state financial corporations act, 1951, for the states of haryana and uttar pradesh; and state financlal corporatloll4 and state eiectriclip boards (b) the state electricity boards 'constituted under the electri- 15 city (~upply) act, 1948, for the said states, 54 of 1948 shall be deemed to have been constituted for those states with their areas as altered by the provisions of section 4 territorial extent of law •• 27; the provisions of section 4 shall not be deemed to have effected 20 any ch~nge in the territories to which any law in force immediately before the appointed day extends or applies, and territorial references in any such law to the state of haryana or uttar pradesh shall, until otherwise provided by a competent legislature or other competent autboxity, be construed as meaning the territories within that state 2s immediately before the appointod day power to adapt law • 28 for the purpose of facilitating the application of any law in relation to the state of haryana or uttar pradesh, the appropriate government may, before the expiration ot two years from the appointed day, by order, make such adaptations and modifications of the law, whether 30 by way of repeal or amendment as may be necessary or expedient, and thereupon every such law shall have effect subject to the adaptations or modifications so made until altered, repealed or amended by a competent legislature or other competent authority expla'l4tion-in this section, the expression "appropriate govem- 35 ment" means as respects any law relatina to a matter enumerated in the union list, the central government, and as respects any other law, the state government 29 notwithstanding that no provision or insufficient provision has powe~ to construe  ~n made for the adaptation of a law made before the appointed day, 40 any court, tribunal or authority, required or empowered to enforce such law<nlay, for the purpose of facilitating its application in relation to the stte of haryana or uttar pradesh, construe the law in such manner, without ,aftecting the substance, as may be necessary or proper in' regard to the matter before the court, tribunal or authority 4s ia, wllere, ijjjmediately before the appointed day, the state of ~- lelll yana or uttar pradesh is a party to any jegal proceedings with il"espect to procee4 any property, rights or liabilities transferred to the other state under lnp tl)ij a<;t, the other state shall be deemed to be substituted for the state 5 from which such property, rights or liabilities are transferred as a party to those proceedings, or added as a party thereto, as the case may be, and the proceedings may continue accordingly 31 (1~ every proceeding pending immediately before the appointed transfer day before a court (other than a high court), tribunal, authority or om- of 10 cer in any area which on that day falls within the state of haryana or pe:!:: uttar pradesh shall, if it is a proceeding relatable exclusively to any part r:ej - of the territories which as from that day are the territories of the other ~, lltand tr~erred to the cckrespondin:g court, tribunal" authority or 04'llc;er, in the other state 15 (2) if any question ajrises as to whether any proceeding shoyld stand transfelted under sub-section (1), it shall be referred to the high court ha~g jurisdiotion in respect of the area in which the court, tribunal, authority or officer before which, or before whom, such proceeding is pending on the appointed day, is functioning, and the decision of that 20 high court shall be final (3) in tbis sectioll,-(q) "proceeding" includes any suit, case or appeal; and (b) "corresponding court, tribunal, authority or officer" in a state means--2s (i) the court, tribunal, authority or officer in which, or before whom, the proceeding wvuld have lain if the proceeding had been instituted afief' the appointed etay, or (ii) in case of aoubt, such court, tribunal, authority or officer in that state as may be determined after the appointed day by 30 the government of that state, or before the appointed day by the government of the other state, to be the corresponding court, tribunal, authority or officer 32 (1) it shall be lawful for the state government which is responai- construe ble for the construction of any boundary pillar under sub-section (3) of tion of 35 section 3 to cause such pillar to be constructed and maintained and no b?undary suit, prosecution or other legal proceeding shall lie against the state p:llars, government or any of its officers for anything in good faith done or e c intended to be done under this section (j) tl\e boundary pillars shall be inspected jointly by the officers 40 of ~ state governments of haryana and uttar pradesh in accordance with such rules as the central government may make in this behalf (~) \1(hoever wilful~ removes or injures any boundary pillars shall be pun~sheble with imprisonment of either description for a term which m~ extend to one year, or with fine, or with both 2 of 1974 45 (~) notwithstanding anything contained in the code of criminal procedure, 1973, an offence under sub-section (3) may be inquired into and tried by a court in either of the states of haryana and uttar pradeeh 33 all things done and all steps taken before the commencenierit of this act in connection with the demarcation of the fixed baundariesbhall, in so far as they are ir conformity with the provisions of sub-sections (2) and (3) of section 3, be deemed to have been done in accordance with law 5 validity of demarcation done before commen· cement of act 34 the provisions of this act shall have effect notwithatandin& jiil1 law, custom or usage which is inconsistent therewith effect of provisions inconllilltent with other lswl power to remove dlftlcul ties 35 (1) if any difficulty arises in giving effect to the provisions of thfs act, the president may, by notified order, do anything, not inconsistent with such provisions which appears to him to be necessary or expedient 10 for the purpose of removing the difficulty (2) every order made under this section shall be laid before each house of parliament , , , 36 (1) the central government may, by notification in the oftlcial gazette, make rules to give effect to the provisions of this act is power to make rul_ (2) every rule made by the central government under this section shall be laid, as soon as may be after it is made, before each house of parliament while it is in session for a total period of thirty day which may be comprised in one session or in tw,o or more successive sessions, and if before the exp~ry of the session immediately following the session 10 or the successive sessions aforesaid, both houses asree in malddg 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 may be; so, however, that any such modification or annulment shall be without prejudice to the validity of any- 125 thing previously done under that rule  the' schedule[see section 3 (2)] description of the fixed bound41'ies l the fixed boundary between the karnal and sonepat districts of haryana on the one side and the saharanpur, muzaffarnagar and merut districts of uttar pradesh on the other side shall be the present deep stream line 2 (1) the fixed boundary between the gurgaon district of haryana 35 on ~, one side and the bulandshahr and aligarh districts ot uttar pradesh lim the other side shall commence from the point where the present deep stream line crosses the north  west ,boundary of basant-pur and proceed along the said boundary up to the point where it cros$es the north bank of the river yamuna as ascertained at the 1971-72 40 river survey' conducted by the survey of india (2) it shall then pj;oceed along the said north bank up to the point where it meets the boundary between basantpur and salarpur; thence along the northern and eastern bc:undaries of salarpur, the eastern boundary of asala tpur, the north-eastern boundary of s dadsia, the northern and north-eastern boundaries of kira wli, the northern boundary of lalpur, the northern and eastern boundaries of mahabatpur, tile eastern boundary of muazzamabad, the eeatem poundary of bhaskola, the eastern and northern boundariea of rajpur kalan including chak phulera, the northern and 10 eastern boundaries of shikaagah, the northern and eastern boundaries of aminpur, the eastern boundary of chirsi, the eastern boundary of akbarpur the eastern boundary of mozamabad-mazra sheikhpur, the eastern boundary of sheikhpur, the eastern boundary of manjha wli, the eastern boundary of garhi begampur is the sou"th-eastern boundary of dalelgarh, the eastern boundary of n~g:la-mazra-chandpur, the northern and eastern bounda,ies of shahja!fanpur, the eastern boundary of latifpur, the eastern boundary of parasrampur alias dulehpur, the eastern boundary of makanpur the north-eastern qoundary of w ~ipur, the western 20 northern and eastern boundaries of sheikhpur the northern and the north-eastern boundalfies of behrampur, and the ncrth-western boundary of nanglia up to the point where it meets the present deep stream line (3) from this point, it shall proceed along the present deep stream 25 line following the boundary on uttar pradesh side of nanglia, jhuppa, baghpur kalan, baghpur khurd, solrah, bholra, dos'i1pur, gurw ari and chandhat up to the junction of the old main trelln'l c:rf the river yamuna and the channel or branch of the river commonly known as the zair nala, and thence along the present 30 deep stream line up to the southern boundary of maholi erpzanation-in this paragraph,-(a) any reference to the boundary of a village named in subparagl"aphs (1) and (2) shall be construed as a reference to the boundary of that village as ascertained and mapped at the settlement ilf gurgaon district completed in 1943; 3s (b) the references to the present deep stream line at the end of sub-paragraph (2) and the beginning of sub-paragraph (3) shad be construed as references to the present deep stream line pertaining to the old main stream of the river yamuna ,  i  statement of objects and reasonsat present the boundary between the states of 'haryana and ~ pradesh is partly fixed with reference to the boundaries of adja~ border villages and pa·rt1y variable, being the deep stream of the· river yamuna which often changes its course out of the five border districts of haryana and six of uttar pradesh, the boundary between ambala ana kurukshetra district of haryana arid sallaranpur district of uttar pradesh is fixed, and so is the boundary between gurgaon distriet of haryana and mathura district of uttar pradesh the deep stream of the yamuna has all along been declared to be the boundary between kamal and sonepat districts of haryana on the one side and saharanpur,lf  f farnagar and meerut districts of uttar pradesh on the other, and also between gu!'gaon district of haryana and bulandshahr and aligarh dis-~ricts of uttar pradesh 2 attempts were made from time to time in the past to replaee the river boundary by a fixed boundary, particularly in the portion covering ballabhgarh tehsil of gurgaon district, but for one reason or anothel', these attempts remained inconclusive latterly, after the establishment of haryana as a separate state, the disagreement between the two 'state governments over the exact location of the river boundary between gurgaon and bulandshahr distritts grew more and more pronounced 3 with a view to settling once for all the problems arising out of the fluctuating boundary, the then chief ministers of uttar pradesh and haryana had suggested to the then horne minister, shri uma shankat dikshit, in may, 1974 that the latter might a'gree to arbitrate in this matter in his personal capacity, and that the award of his arbitration would be , accepted by beth the parties accordingly, shri dikshit gave his award on 14th february, 1975, recommending the replacement of the variable boundary by a fixed boundary described therein the bill seeks to give effect to the award 4 clause 27 of the bill provides tha~ the existing laws shall continue to be in force in the transferred territories until otherwise provided by a competent legislature or other competent authority to facllltate identification of the transferred territories by t~e authorities who have to implement the laws, provision has been made for the demarcation of the fixed boundary on land and preparation and supply of maps to the governments of haryana and uttar pradesh 5 the bill also makes the necessary supplemental and incidental provisions relating to the representation in parliament and state legislatures, transfer of jurisdiction between the high courts of punjab and haryana and allahabad, authorisation 'off expenditure, apportionment of assets and liabilities and certain other matters 6 as required by the proviso to article 3 of the constitution, this bill was referred by the president to the legislatures of the states of haryana and uttar pradesh for expression of their ,views 7 the notes on clauses explain in detail the various provisions of the bill new delhi; the 3rd may, 1978 dhanik lal mandal  president's recommendation under ar'1'lcles 3 and 117 of the constitution of india[copy of letter no s-u014/3/78-sr, dated the 3rd may, 1978 from sbri dhanik lal mandai, minister of state in the ministry of home mairs to the secretary, lok sabha] the president, having been informed of the subject matter of the bill to provide for the alteration of boundaries of the states of h¥yana and uttar pradesh and other matters connected therewith recommends the introduction of the bill in lok sabha under the proviso to article 3, and its consideration under article 117 (3) of the constitution clause 2-at present, the boundary between the ~nal an~ s9aepat districts of the state of haryana and the saharanpu~, muzaft'arnag8'1' and meerut districts of the state of u,ttar pradesh in the northern sector and the boundary between gurgaon district of the state of haryana and ,t • builandsbabr and· augll'h: districts 'of tlw"'state of uttar' eadeah in the southern sector, is ute deep ,stream c)f the ri!ye~ yamuna as it emerges af~r ~rch rainy season a survey of the river y lwluna was cond\jcted by the,"5brveybf in:dia during '1911-72  in order to'take illto accbunt any sttbs~'tcha'nges intbe deep stream, the de¢t>~\lteani :of yatittm:a'w8s again verified and determined by the survey of illdi'a during the"months of nove~ber, 1974, december, 1974, january, 1975 and felmltp;'y, 1975 su):)cla • (g) des th,e "present deep stteamline" which forms the basis of the fixed qoun,daries as defined in sub-clause (c) clause {~d scheduze;-the inter-state bo~dary immediately beiore the transfer of territories would be the deep stream of yamuna as it would emerge at the end of the rainy season preceding the transfer sub-clause (1) seeks to replace the present deep stream boundaries by fixed bowldaries as described in the schedule the schedule to the bill describes the fixed boundary, but it has to be actually located on the ground and demarcated after making the necessary survey su1h:jause (2), therefore, provides for the demarcation being done by an authority appointed by the central government the description of the fixed boundary in the schedule which follows the award given by shri uma shankar dikshit is in terms of "the present deep stream line" and in terms of inter-village boundaries as ascertained and mapped at the settlement of gurgaon district completed in the year 1943 suh-clause (3) seeks to empower the demarcating authority to interpret and take into account the relevant il'ecords this sub-clause also seeks to confer necessary powers on the demarcating authority to conduct survey in the area concerned and to determine the points at which the boundary pillars shall be located and the state which shall be responsible for the cons1:auction and maintenance of each such pillar as stated above, the village boundaries mentioned in the schedule relate to the vear 1943 since then, on account of change in the course of yamuna a~d consequent transfer of land from one state to another, the village boundaries have undergone change sub-clause (4), therefore, provides for the preparation of maps showing the "present deep stream line" the fixed boundary in relation thereto and the names and boundaries of villages as they exist at the time of their preparation; and for authenticated copies of such maps being sent to the central government and to the governments of haryana and uttar pradesh clause 4-sub-clause (1) provides for the transfer to the state of haryana of the territories of the state of uttar pradesh lying on the haryana side of the fixed boundary and for the transfer to the state of uttar pradesh of the territories of the state of haryana lying on the uttar p,ddersh side of the ;fixed boundary,,' sub-clause (2) 'provides for the i!lsue oflnotifled ord~rs, by the two s~~e governlntmts providing for the adm1histrationof the'transferred territories by induding them or any , ~t, ~f tjilern in such, district, sub-division, police-statk¥l or other adrhinitk'atw~~,as, diuly pe spiiiiicitj~; in the qrdej1s ~plf'us~ ':,5~tjlis ~wwe aeek~ to 'make cojlsequeriu'f1 amendments in th~  ijrst,~c~qle ,tq ~ coiutitutioa '·cz4~ ·~~i~ cllrtjse provides ''ltyr' 'the n~essary adjusttnent at·:the '  parliamentary, assembly and council oonslituencies iel~~ y,ithhi clause p,tovid~ that the 'sitting members of th~ h'ouse of thle' people and the state legislatures representing' the constituencies altered by the provisions of ~ btu will continue to reptelmmt thote c~~c;:iejf'aa,alttred, , : l  "  ': clauses 8 to n-these c'lausesprovide' fioir thea1teration' f,) the jurisdiction of the high court of punjab and haryana and the high court of judicature at allahabad they also provide for the transfer of proceedings pending in either of the high courts to the other high court and enable advocates already engaged in such proceedings to appear and to act in the other high court in relation to those proceedings clause 12-this clause makes necessary provisions to enable the two states to incur expenditure on the administration of the territories transferred to them until the expenditure is specifically sanctioned by the appropriate legislature clause 13-this clause provides that the audit reports of the comptroller and auditor-general of india relating to the accounts of either of the states in respect of any financial year ending before the appointed day shall be submitted to the governor 0if each 0if the two states who shall cause them to be laid before the state legislature concerned clauses 14 to 25-these clauses relate to the apportionment of the assets and liabilities of the state governments in relation to the territories transferred from one state to another and follow generally the corresponding provisions of the andhra pradesh and madras (alteration of boundaries) act, 1959 or the bombay reorganisation act, 1960 or the bihar and uttar pradesh (alteration of boundaries) act, 1968, clause 26-this clause seeks to adjust the jurisdiction of the financial corporations and the electricity boards of the states of haryana and uttar pradesh in relation to the transferred territories clauses 27 to 31-these clauses contain provisions re'gaa'ding continuance of existing laws in the transferred territories, adaptation of these laws, power of courts and tribunals to construe laws, legal proceedings, etc, these provisions follow the corresponding provisions of the states reorganisation act, 1956, or the bihar and uttar pradesh (alteration of boundaries) act, 1968 clause 32-sub-clause (1) provides for the construction and maintenance of the boundary pillars sub-clause (2) provides for the inspection of the boundary pillars jointly by the officers of the two state governments in accordance with such rules as the central government may make in this behalf sub-clause (3) makes wilful removal ~r injuring of a boundary pillar an offence as the boundary pillars wou1d be located on land which will lie in both the states, doubts mi,ht rme as to the place of trial of an offence under sub-clause (3) hence, subclause (4) provides that such offences may be tried in either state clczuse 33-some preliminary action had been initiated in the year 1975 with a view to demarcating the boundary as recommended by shri uma shankar dikshit so as to minimise the interval between the date of passing of this bill and the actual transfet of territories this clause seeks to validate the things already done and action already takm 10 that to the extent possible, surveys, etc, already made could be utilised czrmsflb 34 and 35-theee clauses follow the corresponding provisions of the states reorganisation act, 1956 or the bihar and uttar pradesh (alteration of boundaries) act, 1968 clause 36-this clause enables the government to make necessary rules to give effect to the provisions of the act sub-clau~ (j)' jf clause j of the bill p~vid(ls for the demueatjnd of the ftxed boundary by an authority appointed in' this behalf by the central government sub-clause (4) of that clause a1so provide that the said authority shall prepare maps of the areall on both sides of the fixed boundaries and in the vicinity ther,eof 'jhowjng the "present c:leep stream line" and the fixed boundary in relation to it and also the names and boundaries 'of' the villages on both sides of the fixed boundary in pursuance of an agreement between the governments of haryan! and uttar pradesh, th, expellditure amounting to rs 7 ~,210 on the surveys of the river yamuna carried out in 1971-72 and 1974-75 to determine the deep stream c~el and also tlte demarcation of tl-e boundary on the ground carried out in 1975-76 and 1976-77 has already been met by the two state governments the printing of maps by the survey of india will involve a nen-recurring expenditure of about 'rs 54,600 from the consolidated fund of india the govemmel'lts of haryana and uttar ptradesh have agreed to meet this expenditure also in equal proportions the bill does not involve any other expenditure from the consolidated fund cjf india  i  j cllnalr :2&,: ,of" lth" ,bill eppwen ~ a~r,gpriate, ~~,nt· r,te adapt existmg ,1awlti;n order ~ ~cilitate ·their, ap,pli~m, 0; 1iae: s~ of hary  ··anq ;u:'~r lb'adesb tbis pow~r wilibe available,·anlxw~,' a period, qof,twori)le:tra,f~ the apptoin~ ~y i'  )l !  f ' \~ , ,  2, ,~~~attse ,(2) of clau~, 3~ of the ;~ill empowers, the ~tral gov'ern~t to ~~ r$s for, ,39in~ ii\spection o! the, boundary pillars by tbe ~mcer~ of,~e,s~go~ts,~t\htu'yan~,aii~ uttar pr,desh 3 d~use as;,'of~l'rull empowersthe,een'tral'oovernmel'l't to ultaa rul~s,g~~a:~ny',:t~~')wv~,~eci to the' ~~~i~'~ of the bfll'wfien e~ " suer rules, wnt be cqilfined to matters df procedure and other matters' of ~etail  ',' " i :' "  - , 4 "i:q~·dm~tibn &f:le~lativ'e power- inthe clauses referred to' above is of' a normal' ~ifatacter; , " ;! : iq , " 2~'1                       -                         -                                                        _                                 l  - • - • - first schedule (articles 1 and 4) i the statesname - territories - - - - - 13 uttar pradesh the territories which immediately before the com-- mencement of this constitution wt're either comprised in the province known as the united provinces or were being administered as if they formed part of that province and the territories specified in clause (b) at sub-section (1) of section 3 of the bihar and uttar pradesh (alteraticn of boundaries) act, 1968, but excluding the territories specified in clause (a) of sub-section, (1) of section 3 of that act  - , '1 - - i i 'haryan~ '~terrhofi'cs specified in si1b-section'{l)'~t~tion 3 'of the 'punjab reorgani!lation ;act,1986  - - - - - _ ,  i·      ,           \:                                        21                                                                "  a ,  billto provide for the alteration of boundaries of the states of haryana and uttar pradesh and foo' matters connected therewith, - (shri dhanik lat mandat, minibtet of state in the m inistty of home affairs) 