7. Amendment of the Fourth Schedule to the Constitution
On and from the appointed day; in the Fourth Schedule to the Constitution,
in the Table,-
(a) entries 4 to 29 shall be renumbered as entries 5 to 30 respectively;
(b) in entry 3, for the figures "22" the figures "16" shall be substituted;
(c) after entry 3, the following entry shall be inserted, namely:-
"4. .Jharkhand 6".
8. Allocation of sitting members
(1) On and from the appointed day, the twenty-two sitting members of the
Council of States representing the existing State of Bihar shall be deemed to have
been elected to fill the seats allotted to the States of Bihar and Jharkhand, as
specified in the First Schedule to this Act.
(2) The term of office of such sitting members shall remain unaltered.
The House of the People
9. Representation in the House of the People
On and from the appointed day, there shall be allocated 40 seats to the
successor State of Bihar, and 14 to the successor State of Jharkhand, in the House
of the People and in the First Schedule to the Representation of the People Act;
1950 (43 of 1950), under heading "I. STATES":-
(a) for entry 4, the following entry shall be substituted, namely:-
"4. Bihar 53 7 5 40 7 ..";
(b) entries 10 to 25 shall be remembered as entries 11 to 26 respectively;
(c) after entry 9, the following entry shall be inserted, namely:-
"10. Jharkhand 14 1 5".
10. Delimitation of Parliamentary and Assembly Constituencies
On and from the appointed day, the Delimitation of Parliamentary and
Assembly Constituencies Order, 1976, shall stand amended as directed in the
Second Schedule to this Act.
11. Provision as to sitting members
(1) Every sitting member of the House of the People representing a constituency
which, on the appointed day by virtue of the provisions of section 10, stands
The Bihar Reorganisation Act, 2000 4
allotted, with or without alteration of boundaries, to the successor State of Bihar or
Jharkhand, shall be deemed to have been elected to the House of the People by that
constituency as so allotted.
(2) The term of office of such sitting members shall remain unaltered:
The Legislative Assembly
12. Provisions as to Legislative Assemblies
(1) The number of seats as on the appointed day in the Legislative Assemblies
of the States of Bihar and Jharkhand shall be two hundred and forty-three and
eighty-one respectively.
(2) In the Second Schedule to the Representation of the People Act, 1950 (43
of 1950), under heading "1. States",-
(a) for entry 4, the following entry shall be substituted, namely:-
"4. Bihar 318 45 29 243 39 ..",
(b) entries 11 to 27 shall be renumbered as entries 12 to 28 respectively;
(c) after entry 9, the following entry shall be inserted, namely:-
"10. Jharkhand 81 9 28".
13. Allocation of sitting members
(1) Every sitting member of the Legislative Assembly of the existing State of
Bihar elected to fill a seat in that Assembly from a constituency which on the
appointed day by virtue of the provisions of section 10 stands allotted, with or
without alteration of boundaries, to the State of Jharkhand shall, on and from that
day, cease to be a member of the Legislative Assembly of Bihar and shall be
deemed to have been elected to fill a seat in the Legislative Assembly of Jharkhand
from that constituency as so allotted.
(2) All other sitting members of the Legislative Assembly of the existing State
of Bihar shall continue to be members of the LegislativeAssembly of that State and
any such sitting member representing a constituency the extent, or the name and
extent of which are altered by virtue of the provisions of section 10 shall be deemed
to have been elected to the Legislative Assembly of Bihar by that constituency as
so altered.
(3) Notwithstanding anything contained in any other law for the time being
in force, the Legislative Assemblies of Bihar and Jharkhand shall be dee:med to be
duly constituted on the appointed day.
(4) The sitting member of the Legislative Assembly of the existing State of
Bihar nominated to that Assembly under article 333 to represent the Anglo-Indian
community shall be deemed to have been nominated to represent the said
community in the Legislative Assembly of Jharkhand under that article.
The Bihar Reorganisation Act, 2000 5
14. Duration of Legislative Assemblies
The period of five years referred to in clause (1) of article 172 shall, in the case
of Legislative Assembly of the State of Bihar or Jharkhand be deemed to have
commenced on the date on which it actually commenced in the case of Legislative
Assembly of the existing State of Bihar.
15. Speaker and Deputy Speaker
(1) The persons who immediately before the appointed day are the Speaker
and Deputy Speaker of the Legislative Assembly of the existing State of Bihar shall
continue to be the Speaker and Deputy Speaker respectively of that Assembly on
and from that day:
(2) As soon as may be after the appointed day, the Legislative Assembly of
Jharkhand shall choose two members of that Assembly to be respectively Speaker
and Deputy Speaker thereof and until they are so chosen, the duties of the office of
Speaker shall be performed by such member of the Assembly as the Governor may
appoint for the purpose.
16. Rules of procedure
The rules of procedure and conduct <:>f business of the. Legislative Assembly
of Bihar 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 Jharkhand, subject to such modifications
and adaptations as may be made therein by the Speaker thereof.
The Legislative Council of Bihar
17. Legislative Council of Bihar
On and from the day on which all the members specified in the Third
Schedule retire, there shall be seventy-five seats in the Legislative Council of
Bihar, an in the Third Schedule to the Representation of the People Act, 1950
(43 of 1950), for the existing entry 2, the following entry shall be substituted,
namely:-
"2.Bihar 75 24 6 6 27 12",
18.Council constituencies
On and from the appointed day, the Delimitation of Council Constituencies
(Bihar) Order, 1951 shall stand amended as directed in the Fourth Schedule.
19. Provision as to sitting members
Notwithstanding anything contained in section 17, all sitting members of the
Legislative Council of the existing State of Bihar, shall continue to be members of
that Council till they retire on the expirati?n of their present term of office.
6 The Bihar Reorganisation Act, 2000
20.Chairman and Deputy Chairman
The person who immediately before the appointed day is the Chairman or
Deputy Chairman of the Legislative Council of the existing State of Bihar shallcontinuto be the Chairman or Deputy Chairman, as the case may be, on and from
that day of that Council.
Delimitation ofconstituencies
21. Delimitation of constituencies
(1) For the purpose of giving effect to the provisions of section 12, the Election
Commission shall determine in the manner hereinafter provided-
(a) the number of seats to be reserved for the Scheduled Castes and the
Scheduled Tribes in the Legislative Assemblies of the States of Bihar
and Jharkhand respectively; having regard to the relevant provisions
of the Constitution;
(b) the assembly constituencies into which each State referred to in clause
(a) shall be divided, the extent of each of such constituencies and in
which of them seats shall be reserved for the Scheduled Castes or for
the Scheduled Tribes; and
(c) the adjustments in the boundaries and description of the extent of the
parliamentary constituencies in each successor States that may be
necessary or expedient.
(2) In determining the matters referred to in clauses (b) and (c) of sub-section
(1), the Election Commission shall have regard to the following provisions,
namely:-
(a) all the constituencies shall be single-member constituencies;
(b) all constituencies shall, as far as practicable, be geographically compact
areas, and in delimiting them, regard shall be had to physical features,
existing boundaries of administrative units, facilities of communication
and conveniences to the public; and
(c) constituencies in which seats are reserved for the Scheduled Castes
and 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.
(3) The Election Commission shall, for the purpose of assisting it in the
performance of its functions under sub-section (I), associate with itself as associate
members, five persons as the Central Government may by order specify, being
persons who are members of the Legislative Assembly of the State or of the House
of the People representing the State:
Provided that none of the associate members shall have a right to vote or to
sign any decision of the Election Commission.
The Bihar Reorganisation Act, 2000
(4) If, owing to death or resignation, the office of an associate member falls
vacant, it shall be filled as far as practicable, in accordance with the provisions of
sub-section (3).
(5) The Election Commission shall-
(a) publish its proposals for the delimitation of constituencies together
with the dissenting proposals, if any, of any associate member who
desires publication thereof in the Official Gazette and in such other
manner as the Commission may consider fit, together with 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 objections and suggestions which may have been received
by it before the date so specified;
(c) after considering all objections and suggestions which may have been
received by it before the date so specified, determine by one or more
orders the delimitation of constituencies 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
shall not be called in question in any court.
(6) As soon as may be after such publication, every such order relating to
assembly constituencies shall be laid before the Legislative Assembly of the
concerned State.
(7) The delimitation of constituencies in the States of Bihar and Jharkhand
shall be determined on the basis of the published figures of the census taken in the
year 1971.
22.Power of the Election Commission to maintain Delimitation Orders up-todate
(1) The Election Commission may; from time to time, by notification in the
Official Gazette,-
(a) correct any printing mistakes in any order made under section 21 or
any error arising therein from inadvertent slip or omission;
(b) where the boundaries or name of any territorial division mentioned in
any such order or orders is or are altered, make such amendments as
appear to it to be necessary or expedient for bringing such order upto-date.
(2) Every notification under this section relating to an assembly constituency
shall be laid, as soon as may be after it is issued, before the concerned Legislative
Assemblv.
8 The Bihar Reorganisation Act, 2000
Scheduled Castes and Scheduled Tribes
23. Amendment of the Scheduled Castes Order
On and from the appointed day, the Constitution (Scheduled Castes) Order,
1950, shall stand amended as directed in the Fifth Schedule.
24. Amendment of the Scheduled Tribes Order
On and from the appointed day, the Constitution (Scheduled Tribes) Order,
1950, shall stand amended as directed in the Sixth Schedule.