85. Amendment of article 371 of the Constitution.—As from the appointed day, in article 371 of
the Constitution, in clause (2)—
(a) for the words “the State of Bombay”, the words “the State of Maharashtra or Gujarat” shall be
substituted; and
(b) for the words “the rest of Maharashtra”, the words “and the rest of Maharashtra or, as the case
may be,” shall be substituted.
86. Amendment of Act 37 of 1956.—In section 15 of the States Reorganisation Act, 1956—
(i) in clause (d), for the words “Bombay and Mysore”, the words “Gujarat and Maharashtra” shall
be substituted; and
(ii) in clause (e), for the words “Madras and Kerala”, the words “Madras, Mysore and Kerala”
shall be substituted.
87. Territorial extent of law’s.—The provisions of Part II 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 Bombay 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.
88. Power to adapt laws.—For the purpose of facilitating the application in relation to the State of
Maharashtra or Gujarat of any law made before the appointed day, the appropriate Government may,
before the expiration of one year 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such law shall have effect subject to the adaptations and modifications so made until altered, repealed or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.
89. Power to construe laws.—Notwithstanding that no provision or insufficient provision has been
made under section 88 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 Maharashtra or Gujarat, 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.
90. Power to name authorities, etc., for exercising statutory functions.—The Government of the
State of Gujarat, 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.
91. Legal proceedings.—Where immediately before the appointed day, the State of Bombay is a
party to any legal proceedings with respect to any property, rights or liabilities subject to apportionment
between the States of Maharashtra and Gujarat under this Act, the State of Maharashtra or Gujarat 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 State of Bombay as a party to those proceedings, and the
proceedings may continue accordingly.
92. 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 Maharashtra shall, if it is a proceeding relating exclusively to the
transferred territory stand transferred to the corresponding court, tribunal, authority or officer in the State
of Gujarat.
25
(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 Bombay 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 Gujarat means—
(i) the court, tribunal, authority or officer in which, or before whom, the proceeding would
have lain 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 before the appointed day
by the Government of Bombay, to be the corresponding court, tribunal, authority or officer.
93. 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 State of
Bombay 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 Gujarat.
94. 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.
95. Power to remove difficulties.—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 difficulties.
96. 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 modifications or
annulment shall be without prejudice to the validity of anything previously done under that rule.