No: 31 Dated: Jun, 11 1979

THE HARYANA AND UTTAR PRADESH (ALTERATION OF BOUNDARIES) ACT, 1979

ACT NO. 31 OF 1979

    An Act to provide for the alteration of boundaries of the States of Haryana and Uttar Pradesh and for matters connected therewith.

BE it enacted by Parliament in the Thirtieth Year of the Republic of India as follows:—

PART I

PRELIMINARY

1. Short title.—This Act may be called the Haryana and Uttar Pradesh (Alteration of Boundaries) Act, 1979.

2. Definitions.—In this Act, unless the context otherwise requires,—

(a) “appointed day” means the day which the Central Government may, by notification in the Official Gazette, appoint;

(b) “assembly constituency”, “council constituency” and “parliamentary constituency” have the same meanings as in the Representation of the People Act, 1950 (43 of 1950);

(c) “fixed boundaries” means the boundaries demarcated under the provisions of section 3;

(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 Official 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 and February, 1975;

(h) “sitting member”, in relation to either House of Parliament or of the Legislature of a State, means a person who immediately before the appointed day is a member of that House;

(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;

(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 II

ALTERATION OF BOUNDARIES

3. Replacement of fluctuating boundaries by fixed boundaries.—(1) As from the appointed day, the boundary between the Karnal and Sonepat districts of the State of Haryana and the Saharanpur, Muzaffarnagar and Meerut districts of the State of Uttar Pradesh and the boundary between the Gurgaon district of the State of Haryana and the Bulandshahr and Aligarh districts of the State of Uttar Pradesh which at present is the deep stream of the river-Yamuna, shall be altered to and replaced by fixed boundaries.

(2) The said fixed boundaries shall be demarcated by an authority appointed in this behalf by the Central Government so as to be generally in conformity with the fixed boundaries described in the Schedule.

(3) For the purposes of such demarcation,—

(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 of the points at which the boundary pillars shall be constructed and to specify the State Government which shall be responsible for the construction and maintenance of the boundary pillars at such points according to such specifications as that authority may indicate (the pillars of the same specifications being apportioned, as far as practicable, 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 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 vicinity thereof showing—

(a) the present deep stream line and the fixed 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 Government concerned with reference to the revenue records of that Government,

and send authenticated copies thereof to the Central Government and to the State Governments of Haryana and Uttar Pradesh.

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