 the rajasthan and madhya pradesh (transfer of terri- tories) bill, 1959(as introdljcid in lox samba on 3rd august, 1959)  the rajasthan ann madhya pradesh (trans" fer of territories) bill, 1959 (as introduced in lok sabha)a bill to provide for the transfer of certain territories from the stgte of rajasthan to the state of madhya pradesh and for matters connected therewith be it enacted by parliament in the tenth year of the republic of india as follows:-1 this act may be called the rajasthan and madhya pradesh shat~ (transfer of territories) act, 1959 s 2 in this act, unless the context otherwise requires,-ddakion  (a) "appointed day" means the 1st day of october, 1959; (b) "assembly constituency", "council constituency" and "parliwnentary constituency" have the same meanings as in the representation of the people act, 1950; 10 (c) "sitting member", in relation to either houle of parliament or of the legislature of a state, means a person who, immediately before the appointed day, is a member of that house; (d) "transferred territories" means the territories specified is in the first schedule and transferred from the state of rajasthan to the state of madhya pradesh by section 3 3 (1) ap from the appointed day, there shall be added to the trarafcr of state of madhya pradesh the territories specified in the first tef: rrito~~,'  rom n8 a-sehedule which shall thereupon cease to fonn part of the state of than to 20 rajasthan ~~:: (~) the transferred territories shall be included in, and fonn part of, bhanpura pargana of mandsaur district in the state of madhya pradesh (3) nothing in sub-section (2) shall be deemed to affect the power of the state government to alter after the appointed day the ~ name, extent or boundaries of any district in the state of madhya pmdesh amendm~t 4 as from the appointed day, in the first schedule to s~b~~l;lf: constitution, under the heading "i the states",-the the constitution (a) in the entry against "6 madhya pradesh", after the 10 words and figures "states reorganisation act, 1956", the words, brackets and figures "and the first schedule to the rajasthan and madhya pradesh (transfer of territories) act, 1959" shall be inserted; (b) in the entry against "11 rajasthan", after the words 15 and figures "states reorganisation act, 1956", the words, brackets and figures "but excluding the territories specified in the first schedule to the rajasthan and madhya pradesh (transfer of territories) act, 1959" shall be inserted amendments 5 the delimitation of parliamentary and assembly consti- 20 ~{o~g~::- tuencies order, 1956, and the delimitation of council constituencies (madhya pradesh) order, 1957, shall have effect subject to the modifications specified in the second schedule provision a 6 (1) the sitting members of the house of the people repre-:c:~~ senting mandsaur constituency in the state of madhya pradesh and 2s kotah constituency in the state of rajallthan shall, notwithstanding the alteration in the extent of those constituencies by virtue of the provisions of this act, continue to be members of the house of the people (2) the sitting members of the legislative assemblies of 30 madhya pradesh and rajasthan representing garoth constituency and begun constituency respectively shall, notwithstanding the alteration in the 'extent of those constituencies by virtue of the provisions of this act, continue to be membera of the aid assemblies 3s 7 (1) as from the ~ppointed day-(a) the jurisdiction of the high court of madhya pradesh shall extend to the transferred territories; and extension of jurisiiction of madhya pradesh hiah court (b) the high court of rajasthan shall have no jurisdiction in respect of the said territories ",0 (2) if, immediately before the appointed day, there is any proceeding relatable to the transferred territories pending in the high court of rajasthan, then, notwithstanding anything contained in sub-section (1), such proceeding shall be heard and disposed of by s that high court (3) any order made by the high court of rajasthan in any proceeding with respect to which that high court exercises jurisdiction by virtue of sub-section (2), shall, for all purposes, have effect not only as an order of the high court of rajasthan, but 10 also ~ an order made by the high court of madhya pradesh (4) for the purposes of this section,-(a) proceedings shall be deemed to be pending in the high court of rajasthan until that court has disposed of all issues between the parties, including any issues with respect to the 15 taxation of the costs of the proceedings and shall include appeals, applications for leave to appeal to the supreme court, applications for review, petitions for revision and petitions for writs; (b) references to a high court shall be construed as 2 including references to a judge or division court thereof, and references to an 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 8 as from the appointed day, any act passed by the legislature approprla-25 of madhya pradesh before that day for the appropriation of any ~~~eyaoffor money out of the consolidated fund of the state to meet any expenditure expenditure in respect of any part of the financial year 1959-60!d :::ri:~f!; shall have effect also in relation to the transferred territories, and under existit shall be lawful for the state government to spend any amount ~jati~tfro-30 for those territories out of the amount authorised by such act to be acts expended for any services in that state 9 (1) all land and all stores, articles and other goods in the asset and transferred territories belonging t9 the sta~ of rajasthan shall, liabilitiea as from the appointed day, pass to the state of madhya pradesh 35 explanation-in this sub-section, the expression "land" includes immovable property of every kind and any rights in or over such property and the expression "goods" does not include coins, bank notee and currency notes (2) all rights, liabilities and obligations, whether arising out of - contract or otherwise, of the state of rajasthan in relation to the transferred territories shall, as from the appointed day, be the rights, liabilities and obligations, respectively, of the state of madh)'9 pradesh 5 10 a3 from the appointed day,-(a) the financial corporations constituted under the state financial corporations act, 1951, for the states of rajasthan and state pinancial corpoations iud stete electricity jouda ~adh)'9 pradesh, and (b) the state electricity boards constituted under the electri- 10 city (supply) act, 1948, for the said states, '4 of 1941 shall be deemed to have been constituted for tpose statei"' with their areas as altered by the provisions of section 3 i!ztenliodf 11 all laws which immediately before the appointed day extend la" to, or are in force in the mandsaur district in the state of madhya is pradesh but do not extend to, or are not in force in, the transferred territories shall, as from that day, extend to, or as the case may be come into force in, the transferred territories; and all laws which, immediately before the appointed day, are in force in the transferred territories, but not in the mandsaur district in the state of madhya 20 pradesh, shall, on that day, cease to be in force in the transferred territories, except as respects things done or omitted to be done before that day explanation-in this section "law" includes any enactment, ordinance, regulation, order, bye-law, rule, scheme, notification or other 2s instrument having the force of law in the whole or in any part of ~adhya pradesh or rajasthan 12 any court, tribunal or authority required or empowered to enforce any law extended to the transferred territories by section 11 may for the purpose of facilitating its application in relation to the 30 transferred territories, construe the law in such manner, without affecting the substance, as may be necessary or proper in regard to the matter before the court, tribunal or authority 13 where, immediately before the appointed day, the state of rajasthan is a party to any legal proceedings with respect to any pro- }s perty, rights or liabilities transferred to the state of madhya pradesh under this act, that state shall be deemed to be substituted for the state of rajasthan as a party to those proceedings, or added as a party thereto, as the case may be, and the proceedings may continue accord-~ ~ u (1) every proceeding pending immediately before the appoint- transfer ef ed day before any court (other than a high court), tribunal, autho- ppcroddiilj ceedlols rity or oftlcer in any area which on that day falls within the state of rajasthan shall, if it is a proceeding relating exclusively to any part 5 of the transferred territories, stand transferred to the corresponding court, tribunal, authority or officer in the state of madhya pradesh (2) if any question arises as to whether any proceeding should stand transferred under sub-section (1), it shall be referred to the high court of rajasthan and the decision of that high court shall be 10 tlnal (3) in this section,-(a) "proceeding" includes any suit, case or appeal; and (b) "corresponding court, tribunal, authority or officer" in madhya pradesh means-is (i) the court, tribunal, authority or oftlcer in which, or before whom, the proceeding would have lain if the proceed- ing had been instituted after the appointed day, or (ii) in case of doubt, such court, tribunal, authority or oftlcer in that state as may be determined after the appointed day by the government of madhya pradesh, or before the appointed day by the government of rajasthan, to be the corresponding court, tribunal, authority or officer 15 the provisions of this act shall have effect notwithstanding effe~ of anything inconsistent therewith contained in any other law f:oo~:~~~t  with other laws 25 us if any difficulty arises in giving effect to the provisions of this power to act (including any diftlculty in relation to the transition under section ~ltio;~ difti-11 from one law to another law), the president may by order do anything not inconsistent with any such provision which appears to him to be necessary for the purpose of removing the difficulty 30 17 (1) the central government may, by notitlcation in the oftlcial power to gazette, make rules to give effect to the provisions of this act make rul  (2) every rule made 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 days which may be comprised in one 35 session or in two successive sessions, and if before the expiry of 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 40 case may be, so however that any such modification or annulment  shall be without prejudice to the validity of anything previously done under that rule l'   the first schedule [s" scctions 2(d) and 3] tluitoribs taansp!iutjid prom thi! state or rajasthan to the state or madhya pradbshthe following territories compriscd within thc villages specified below in bhensror, s tahsil of chittor district, namcly:----nameof area in villqe sheet no khasara no bighas bilwal 3 4 10 dotada 11 361 iz4 10 il 362 814 13 363 173 5 j 3 364 ~7l 16 14 36,5 926 14 j, 14 366 i~ 16 14 367 200 14 368 202 16 15 369 364 i~ t!" 370 239 7 j 371 14 18 total 3,648 15 pipaida s '::0 730 ~ nl 49 25 6 22:1 ~)s , ll) ·142 iz total 1,456 iz b,kheda 7 us 10 7 1i9 248 8 120 292 i 30 i 121 138 l total 678 i) gundtotal  5,784 bigha or 1,085 acfcs 35  part i modifications of the first schedule to the delimitation' of parliti- , mentary and assembly constituencies order, 19561 in part "6-madhya pradesh", the note at the end shall be re-numbered as "note i" and the following shall be added thereto, namely:-"note ii: -any reference to mandsaur district in column 3 10 of this part shall be taken to mean the area comprised within that district on the 1st day of october, 1959" 2 in part "u-rajasthan", the following note shall be added at the end, namely:-"not!::-any reference in column 3 of this part to chittor 15 district or bhensrorgarh tahsil, shall be taken to mean the area comprised within that district or tahsil on the 1st day of october, 1959"  part ii modificattons of the second schedule to the deiimitatior of parliamentary and assembly constituencies order, 195620 1 in part "6-madhya pradesh", the note at the end shall be re-numbered as "note i" and the following shall be added thereto, namely:-i "note:-ii any reference in column 3 of this part to bhan-25 pura pargana of mandsaur district shall be taken to mean the area comprised within that pargana on the 1st day of october, 1959  z in part "n-rajasthan", the following note shall be added at the end, namely:-"note:-any reference in column 3 of this part to bhensrorgarh tahsil of chittor district shall be taken to mean the area comprised within that tahiil on the 1st day of october, 1959"  part iii modification of the delimitation of council constituencies (madhya pradesh) order, 195735 after the table, the following note shall be inserted, namely:-"note:-any reference in column 2 of this table to indore division shall be taken to mean the area comprised within that division on the 1st day of october, 1959"  statement of objects and reasonsthe present site of the gandhi sagar dam on the river chambal lies partly in the state of rajasthan and partly in the state of madhya prade!$h the construction camp, a part of the dam site and some of the works at the site lie in rajasthan territory although the works are being executed by the madhya pradesh government both the rajasthan and madhya pradesh governments have agreed that in the interest of proper and smooth execution of this project, an area of 3,085 acres of land on the dam site may be transferred from the state of rajasthan to the state of madhya pradesh the bill seeks to give effect to this transfer 2 the bill makes the necessary supplemenal and incidental provisions releting to representation in the legislatures, transfer of jurisdiction to the high court of madhya pradesh, authorisation of expenditure transfer of assets and liabilities to madhya pradesh and certain other matters 3 as required by the proviso to article 3 of the constitution, the bill was referred to the legislatures of the states of rajasthan and madhya pradesh by the president for expression of their views on the bill both the state legislatures have agreed to the principles and proposals contained in the bill govind ballabh pant new delhi; the 24th july 19~9  memorandum regarding delegated legislationclause 17 of the bill empowers the central government to make rules generally to give effect to the provisions of the bill when enacted the rules, if any, will be confined to matters of procedure and other matters of minor detail relating to the enforcement of the provisions regarding transfer of territories the delegation of legislative power is thus of a normal type  - • - • first schedule [articles 1 and 4] i the statesnam' - - territori,! 6 madhya pradesh the territories specified in sub-section (1) of section 9 of the states reorganisatioll act, 1956 - - - - ii rajasthan - - the territories specified in section jo ex" the states reorpnisation act, j956 - - a bill to provide for the transfer of certain territories from the state of rajasthan to the state of madhya pradesh and for matters connected therewith the president has, in pursuance of proviso to article 3 of the constitution of india, recommended to lok sabha the introduction of the bill m n kaul, secretary (shri g()f)ind ballabh pant, minister oj home affairs) 