Section 9 of The Bihar and West Bengal (Transfer of Territories) Act, 1956 in hindi
The sitting members of the Legislative Assembly of Bihar representing the Thakurganj, Karandighi, Para-cum-Chas and Barabazar-cum-Chandil constituencies shall, notwithstanding the reduction in the extent of those constituencies by the transfer of portions thereof to West Bengal, continue to be members of the Legislative Assembly of Bihar; and the sitting members of that Assembly representing any other constituency lying wholly or partly in the transferred territories shall, as from the appointed day, be deemed to have been elected to the Legislative Assembly of West Bengal and cease to be members of the Legislative Assembly of Bihar.
Summary
- Decides which Bihar assembly members stay in Bihar and which ones move to the West Bengal legislature.
- Keeps representatives of Thakurganj, Karandighi, Para-cum-Chas, and Barabazar-cum-Chandil in the Bihar assembly.
- Mandates that these four specific representatives keep their seats in Bihar even though their districts lost land to West Bengal.
- Moves all other representatives of districts that are now wholly or partly in the transferred lands to the West Bengal assembly.
- Automatically treats these moving members as if they were elected to the West Bengal legislature from that day forward.
Practical examples
FAQ
1. Does a member have to run for election again if they are moved under Section 9 of the Bihar and West Bengal (Transfer of Territories) Act, 1956?
No, Section 9 of the Bihar and West Bengal (Transfer of Territories) Act, 1956, states that they are deemed to have been elected to the West Bengal assembly, so no new election is needed.
2. Which specific members are allowed to stay in Bihar under Section 9 of the 1956 Act even if their area is reduced?
Under Section 9 of the Bihar and West Bengal (Transfer of Territories) Act, 1956, the members for Thakurganj, Karandighi, Para-cum-Chas, and Barabazar-cum-Chandil continue to be members of the Bihar assembly.
3. If only a small portion of a district moves to West Bengal, does the member stay in Bihar under the 1956 Act?
Generally no, as Section 9 of the Bihar and West Bengal (Transfer of Territories) Act, 1956, moves any member whose district is even partly transferred, unless they represent one of the four specifically named exceptions.
4. Does the member lose their seat entirely during the transition under Section 9 of the 1956 Act?
No, Section 9 of the Bihar and West Bengal (Transfer of Territories) Act, 1956, ensures they simply transition from being a member of one state assembly to the other.
Test yourself
Q1.Under Section 9 of the Bihar and West Bengal (Transfer of Territories) Act, 1956, what happens to the sitting member for the Karandighi constituency?
Q2.If a district not listed as an exception is partly moved to West Bengal, what does Section 9 of the Bihar and West Bengal (Transfer of Territories) Act, 1956, require?
Q3.According to Section 9 and the definitions in Section 2 of the Bihar and West Bengal (Transfer of Territories) Act, 1956, when do these assembly membership changes take effect?
Q4.How does Section 9 of the Bihar and West Bengal (Transfer of Territories) Act, 1956, describe the status of a member who moves to the West Bengal assembly?