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Union of India - Section

Section 1302 in The Bihar And Uttar Pradesh (Alteration Of Boundaries) Act, 1968

1302.

At present the deep stream of the river Gangs forms the inter-State boundary between the Shahabad district of Bihar and Ballia district of Uttar Pradesh. Similarly, the deep stream of the river Ghaghra is the inter-State boundary between the Saran district of Bihar and Ballia district of Uttar Pradesh. As the two rivers change their course almost every year, the deep streams do not remain constant with the result that the inter-State boundary continues to fluctuate. This has often given rise to difficult administrative problems in the affected areas particularly in the field of revenue administration and law and order. From time to time, efforts were made by the two State Govts. to find a satisfactory solution to this problem but they could not agree on the points whether the fluctuating boundary should be replaced by a fixed boundary and, if so, what should be that boundary. In 1961, the Chief Ministers of the two States agreed that the matter be referred to an Arbitrator appointed by the Prime Minister, and to abide by the decision given by the Prime Minister on aconsideration of the recommendations of the Arbitrator. Shri C. M. Trivedi was appointed as Arbitrator in this case and he submitted his report to the late Prime Minister (Shri Lai Bahadur Shastri) on 28th August, 1964, recommending a fixed boundary in both the Gangs and Ghaghra sectors.2. These recommendations were accepted by the late Prime Minister (Shri Lai Bahadur Shastri) and conveyed to the two State Governments. The effect of the recommendations made by Shri C. M. Trivedi would be as follows:1. On the basis of the 1963-64 deep stream position, the fixed boundary involves the transfer of an area of about 45 square miles from Uttar Pradesh to Bihar and about 64 square miles from Bihar to Uttar Pradesh; and2. About 85 per cent. of the fixed boundary will be on land in the Ganga sector and 75 per cent. of it will be on land in the Ghaghra sector, whereas the entire boundary at present lies in water. The Bill seeks to give effect to these recommendations.3. Clause 26 of the Bill provides that the existing laws shall continue to be in force in the transferred territories until otherwise provided by a competent legislature or other competent authority. However, because of the fluctuating nature of the present boundary, the actual extent of the transferred territories may not be clear to the authorities who have to implement the laws. Hence, provision has been made for the demarcation of the fixed boundary on land, determination of the deep streams of the two rivers and preparation and publication of a map of the transferred territories before the actual transfer is effected.4. 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 Bihar and Uttar Pradesh, authorisation of expenditure, apportionment of assets and liabilities and certain other matters.5. 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 Bihar and Uttar Pradesh for expression of their views.6. The notes on clauses explain in detail the various provisions of the Bill - Gazette of India, 12-8-1967, Pt. II - Section 2, p. 858.[22nd May, 1968]An Act to provide for the alteration of boundaries of the States of Bihar and Uttar Pradesh and for matters connected therewith.BE it enacted by Parliament in the Nineteenth Year of the Republic of India as follows :--