LawgistThe Bihar and West Bengal (Transfer of Territories) Act
34Liability in respect of actionable wrong
Where, immediately before the appointed day, Bihar is subject to any liability in respect of actionable wrong other than breach of contract, that liability shall,—
(a) if the cause of action arose wholly within the transferred territories, be a liability of West Bengal;
(b) if the cause of action arose wholly within the territories of Bihar excluding the transferred territories, be a liability of Bihar; and
(c) in any other case, be initially a liability of Bihar, but subject to such financial adjustment as may be agreed upon between that State and West Bengal, or in default of such agreement, as the Central Government may by order direct.
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All sections
- 1 Short title
- 2 Definitions
- 3 Transfer of territories from Bihar to West Bengal
- 4 Amendment of First Schedule to the Constitution
- 5 Amendment of Fourth Schedule to the Constitution
- 6 Bye-elections to fill vacancies in the Council of States
- 7 Term of office of members of the Council of States
- 8 Provision as to existing House of the People
- 9 Allocation of certain sitting members of the Bihar Legislative Assembly
- 10 Duration of Legislative Assemblies of Bihar and West Bengal
- 11 Bihar Legislative Council
- 12 West Bengal Legislative Council
- 13 Allocation of seats in the House of the People and assignment of seats to State Legislative Assemblies
- 14 Modification of the Scheduled Castes and Scheduled Tribes Orders
- 15 Determination of population of Scheduled Castes and Scheduled Tribes
- 16 Delimitation of constituencies
- 17 Extension of jurisdiction of, and transfer of proceedings to, Calcutta High Court
- 18 Right to appear in any proceedings transferred to Calcutta High Court
- 19 Interpretation
- 20 Appropriation of moneys for expenditure in transferred Appropriation Acts
- 21 Distribution of revenues
- 22 Land and goods
- 23 Treasury and bank balances
- 24 Arrears of taxes
- 25 Right to recover loans and advances
- 26 Credits in certain funds
- 27 Assets and liabilities of State undertakings
- 28 Public debt
- 29 Refund of taxes collected in excess
- 30 Deposits
- 31 Provident Funds
- 32 Pensions
- 33 Contracts
- 34 Liability in respect of actionable wrong
- 35 Liability as guarantor of co-operative societies
- 36 Items in suspense
- 37 Power of the Central Government to order allocation or adjustment in certain cases
- 38 Certain expenditure to be charged on the Consolidated Fund
- 39 State Financial Corporations
- 40 Temporary provisions as to the continuance of certain existing road transport permits
- 41 Provisions relating to services
- 42 Provisions as to the continuance of officers in the same posts
- 43 Territorial extent of laws
- 44 Power to adapt laws
- 45 Power to construe laws
- 46 Power to name authorities, etc. for exercising statutory functions
- 47 Legal proceedings
- 48 Transfer of pending proceedings
- 49 Right of pleaders to practise in certain Courts
- 50 Effect of provisions inconsistent with other laws
- 51 Power to remove difficulties
- 52 Power to make rules
