83.Amendment of Act 37 of 1956
On and from the appointed day, in section 15 of the States Reorganisation
Act, 1956, in clause (c), for the words "Bihar", the words "Bihar and Jharkhand"
shall be substituted.
84. Territorial extent of laws
The provisions of Part II of this Act shall not be deemed to have effected any
change 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
Bihar shall, until otherwise provided by a competent Legislature or other competent
authority be construed as meaning the territories within the existing State of Bihar
before the appointed day.
85.Power to adapt laws
For the purpose of facilitating the application in relation to the State of Bihar
or Jharkhand of any law made before the appointed day, the appropriate
Government may, before the expiration of 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 expedient, and thereupon every such law
shall have effect subject to the adaptations and modifications so made until altered,
repealed 01 amended by a competent Legislature or other competent authority.
Explanation-In this section, the expression "appropriate Government" means
as respects any law relating to a matter enumerated in the Union List, the Central
Government, and as respects any other law in its application to a State, the State
Government.
86. Power to construe laws
Notwithstanding that no provision or insufficient provision has been made
under section 85 for the adaptation of a law made before the appointed day; any
court, tribunal or authority, required or empowered to enforce such law may, for
the purpose of facilitating its application in relation to the State of Bihar or Jharkhand,
construe the law in such manner, without affecting the substance, its may be
necessary or proper in regard to the matter before the court, tribunal or authority.
87. Power to name authorities etc., for exercising statutory functions
The Government of the State of Jharkhand, as respects the transferred territory
may; by notification in the Official Gazette, specify the authority, officer or person
who, on or after the appointed day, shall be competent to exercise such functions
exercisable under any law in force on that day as may be mentioned in that
notification and such law shall have effect accordingly.
32 The Bihar Reorganisation Act, 2000
88. Legal proceedings
Where immediately before the appointed day, the existing State of Bihar is a
party to any legal proceedings with respect to any property, rights or liabilities
subject to apportionment between the States of Bihar and Jharkhand under this
Act, the State of Bihar or Jharkhand which succeeds to, or acquires a share in, that
property or those rights or liabilities by virtue of any provision of this Act shall be
deemed to be substituted for the existing State of Bihar or added as a party to those
proceedings, and the proceedings may continue accordingly.
89. Transfer of pending proceedings
(1) Every proceeding pending imn1ediately before the appointed day before a
court (other than the High Court), tribunal, authority or officer in any area which on
that day falls within the State of Bihar shall, if it is a proceeding relating exclusively
to the territory, which as from that day is the territory of Jharkhand State, stand
transferred to the corresponding court, tribunal, authority or officer of that State.
(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 at raffia and the
decision of that High Court shall be final.
(3) In this section-
(a) "proceeding" includes any suit, case or appeal; and
(b) "corresponding court, tribunal, authority or officer" in the State of
Jharkhand means-
(i) the court, tribunal, authority or officer in which, or before whom,
the proceeding would have laid if it had been instituted after
the appointed day; or
(ii) in case of doubt, such court, tribunal, authority, or officer in that
State, as may be determined after the appointed day by the
Government of that State or the Central Government, as the
case may be, or before the appointed day by the Government of
the existing State of Bihar to be the corresponding court, tribunal,
authority or officer.
90.Right of pleaders to practise in certain cases
Any person who, immediately before the appointed day, is enrolled as a
pleader entitled to practise in any subordinate courts in the existing State of Bihar
shall, for a period of one year from that day, continue to be entitled to practise in
those courts, notwithstanding that the whole or any part of the territories within
the jurisdiction of those courts has been transferred to the State of Jharkhand.
91. Effect of provisions of the Act inconsistent with other laws
The provisions of this Act shall have effect notwithstanding anything
inconsistent therewith contained in any other law.
The Bihar Reorganisation Act, 2000 33
92.Power to remove difficulties
(1) If any difficulty arises in giving effect to the provisions of this Act, the
President may, by order, do anything not inconsistent with such provisions which
appears to him to be necessary or expedient for the purpose of removing the
difficulty:
Provided that no such order shall be made after the expiry of a period of three
years from the appointed day.
(2) Every order made under this section shall be laid before each House of
Parliament.