25. State Financial Corporations and State Electricity Boards.—As from the appointed day—
(a) the Financial Corporations constituted under the State Financial Corporations
Act, 1951 (63 of 1951), for the States of Bihar and Uttar Pradesh, and
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(b) the State Electricity Boards constituted under the Electricity (Supply) Act, 1948 (54 of 1948),
for the said States,
shall be deemed to have been constituted for those States with their areas as altered by the provisions of
section 3.
26. Territorial extent of laws.—The provisions of section 3 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 or Uttar Pradesh shall, until
otherwise provided by a competent Legislature or other competent authority, be construed as meaning the
territories within that State immediately before the appointed day.
27. Power to adapt laws.—For the purpose of facilitating the application of any law in relation to the
State of Bihar or Uttar Pradesh, the appropriate Government may, before the expiration of one year from
the appointed 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subject to the adaptations or modifications so made until altered, repealed or amended by a competent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,
the State Government.
28. Power to construe laws.—Notwithstanding that no provision or insufficient provision has been
made 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 Uttar Pradesh, 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.
29. Legal proceedings.—Where, immediately before the appointed day, the State of Bihar or
Uttar Pradesh is a party to any legal proceedings with respect to any property, rights or liabilities
transferred to the other State under this Act, the other State shall be deemed to be substituted for the State
from which such property rights or liabilities are transferred as a party to those proceedings, or added as a
party thereto, as the case may be, and the proceedings may continue accordingly.
30. Transfer of pending proceedings.—(1) Every proceeding pending immediately before the
appointed day before a court (other than a High Court), tribunal, authority or officer in any area which on
that day falls within the State of Bihar or Uttar Pradesh shall, if it is a proceeding relatable exclusively to
any part of the territories which as from that day are the territories of the other State, stand transferred to
the corresponding court, tribunal authority or officer in the other 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 having jurisdiction in respect of the area in which the court, tribunal,
authority or officer before which, or before whom, such proceeding is pending on the appointed day, is
functioning, 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 a State means—
(i) the court, tribunal, authority or officer in which, or before whom, the proceeding would
have lain if the proceeding 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 before the appointed day
by the Government of the other State, to be the corresponding court, tribunal, authority or officer.
31. Right of pleaders to practise in certain courts.—Any person who, immediately before the
appointed day, is enrolled as a pleader entitled to practise in any subordinate courts in the transferred
territories shall, for a period of six months from that day, continue to be entitled to practise in those
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courts, notwithstanding that the whole or any part of the territories within the jurisdiction of those courts
has been transferred to another State.
32. Construction of boundary pillars, etc.—(1) It shall be lawful for the State Government which is
responsible for the construction of any boundary pillar under sub-section (3) of section 3 to cause such
pillar to be constructed and maintained and no suit, prosecution or other legal proceeding shall lie against
the State Government or any of its officers for anything in good faith done or intended to be done under
this section.
(2) The boundary pillars shall be inspected jointly by the officers of the State Governments of Bihar
and Uttar Pradesh in accordance with such rules as the Central Government may make in this behalf.
(3) Whoever wilfully removes or injures any boundary pillar shall be punishable with imprisonment
of either description for a term which may extend to one year, or with fine, or with both.
(4) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (5 of 1898), an
offence under sub-section (3) may be inquired into and tried by a court in either of the States of Bihar and
Uttar Pradesh.
33. Validity of demarcation done before commencement of Act.—All things done, and all steps
taken, before the commencement of this Act in connection with the demarcation of the fixed boundary in
relation to the river Ganga or the river Ghaghra, as the case may be, shall, in so far as they are in
conformity with the provisions of sub-sections (2) and (3) of section 3, be deemed to have been done in
accordance with law.
34. Effect of provisions inconsistent with other laws.—The provisions of this Act shall have effect
notwithstanding any law, custom or usage which is inconsistent therewith.
35. Power to remove difficulties.—If any difficulty arises in giving effect to the provisions of this
Act, the President may, by notified order, do anything, not inconsistent with such provisions which
appears to him to be necessary or expedient for the purpose of removing the difficulty.
36. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette,
make rules to give effect to the provisions of this Act.
(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
session or 1
[in two or more successive sessions, and if, before the expiry of the session immediately
following the session or the successive sessions aforesaid], 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 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.