//
you're reading...
INDIAN BARE ACTS

THE ANDHRA PRADESH REORGANISATION BILL, 2013 A BILL

THE ANDHRA PRADESH REORGANISATION BILL, 2013

 

Andhra state marked in yellow which merged wit...

Andhra state marked in yellow which merged with Telangana in white to form the state of Andhra Pradesh (Photo credit: Wikipedia)

 
A BILL
to provide for the reorganisation of the existing State of Andhra
Pradesh and for matters connected therewith.
BE it enacted by Parliament in the Sixty-fourth Year of the
Republic of India as follows:-
PART I
PRELIMINARY
1. This Act may be called the Andhra Pradesh Reorganisation Act,
2013.
Short title.
2. In this Act, unless the context otherwise requires,- Definitions.
(a) “appointed day” means the day which the Central Government
may, by notification in the Official Gazette, appoint;
(b) “article” means an article of the Constitution;
43 of 1950.
(c) “assembly constituency”, “council constituency” and
“parliamentary constituency” have the same meanings as in the
Representation of the People Act, 1950;
(d) “Election Commission” means the Election Commission
appointed by the President under article 324;
(e) “existing State of Andhra Pradesh” means the State of Andhra
Pradesh as existing immediately before the appointed day;
(f) “law” includes any enactment, ordinance, regulation, order, byelaw,
rule, scheme, notification or other instrument having,
immediately before the appointed day, the force of law in the whole
or in any part of the existing State of Andhra Pradesh;
(g) “notified order” means an order published in the Official
Gazette;
(h) “population ratio”, in relation to the States of Andhra Pradesh
and Telangana, means the ratio of 58.32 : 41.68 as per 2011
Census;
(i) “sitting member”, in relation to either House of Parliament or of
2
the Legislature of the existing State of Andhra Pradesh, means a
person who immediately before the appointed day, is a member of
that House;
(j) “successor State“, in relation to the existing State of Andhra
Pradesh, means the State of Andhra Pradesh or the State of
Telangana, as the case may be;
(k) “transferred territory” means the territory which on the
appointed day is transferred from the existing State of Andhra
Pradesh to the State of Telangana;
(l) “treasury” includes a sub-treasury; and
(m) any reference to a district, mandal, tehsil, taluk or other
territorial division of the existing State of Andhra Pradesh shall be
construed as a reference to the area comprised within that territorial
division on the appointed day.
PART II
REORGANISATION OF THE STATE OF ANDHRA PRADESH
3. On and from the appointed day, there shall be formed a new State
to be known as the State of Telangana comprising the following
territories of the existing State of Andhra Pradesh, namely:-
Formation of
Telangana
State.
Adilabad, Karimnagar, Medak, Nizamabad, Warangal,
Rangareddi, Nalgonda, Mahbubnagar, Khammam and Hyderabad
districts,
and thereupon the said territories shall cease to form part of the
existing State of Andhra Pradesh.
4. On and from the appointed day, the State of Andhra Pradesh shall
comprise the territories of the existing State of Andhra Pradesh
other than those specified in section 3.
State of Andhra
Pradesh and
territorial
divisions
thereof.
5. (1) On and from the appointed day, Hyderabad in the existing
State of Andhra Pradesh, shall be the common capital of the State of
Telangana and the State of Andhra Pradesh for such period not
exceeding ten years.
Hyderabad to be
common capital for
States of Telangana
and Andhra
Pradesh.
(2) After expiry of the period referred to in sub-section (1),
Hyderabad shall be the capital of the State of Telangana and there
shall be a new capital for the State of Andhra Pradesh.
Explanation.–– In this Part, the common capital includes the
existing area notified as the Greater Hyderabad Municipal
Corporation under the Hyderabad Municipal Corporation Act, 1955.
Hyderabad Act No.
2 of 1956.
3
6. The Central Government shall constitute an expert committee to
study various alternatives regarding the new capital for the
successor State of Andhra Pradesh and make appropriate
recommendations in a period not exceeding forty-five days from the
date of enactment of the Andhra Pradesh Reorganisation Act, 2013.
Expert Committee
for setting up of a
capital for Andhra
Pradesh.
7. On and from the appointed day, the Governor of the existing
State of Andhra Pradesh shall be the Governor for both the
successor States of Andhra Pradesh and Telangana for such period
as may be determined by the President .
Governor of existing
State of Andhra
Pradesh to be
common Governor .
8.(1) On and from the appointed day, for the purposes of
administration of the common capital area, the Governor shall have
special responsibility for the security of life, liberty and property of
all those who reside in such area.
Responsibility of
Governor to protect
residents of
common capital of
Hyderabad.
(2) In particular, the responsibility of the Governor shall extend to
matters such as law and order, internal security and security of vital
installations, and management and allocation of Government
buildings in the common capital area.
(3) In discharge of the functions, the Governor shall, after
consulting the Council of Ministers of the State of Telangana,
exercise his individual judgment as to the action to be taken:
Provided that if any question arises whether any matter is or
is not a matter as respects which the Governor is under this subsection
required to act in the exercise of his individual judgment,
the decision of the Governor in his discretion shall be final, and
the validity of anything done by the Governor shall not be called
in question on the ground that he ought or ought not to have
acted in the exercise of his individual judgment:
(4) The Governor shall be assisted by two advisors to be appointed
by the Central Government.
8A. (1) The Central Government shall assist the successor States of
Andhra Pradesh and Telangana to raise additional police forces.
Assistance of police
forces from the
Central Government
to the successor
States, etc
(2) The Central Government shall, for a period of three years, on
and from the appointed day, maintain and administer the Greyhound
Training Centre in Hyderabad which shall function as a common
training centre for the successor States and, at the expiry of the said
period, the existing Greyhound Training Centre in Hyderabad shall
become the training centre of the State of Telangana.
(3) The Central Government shall assist the successor State of
Andhra Pradesh to set up a similar state-of the-art training centre at
4
such place as the State Government of Andhra Pradesh may by
order notify.
(4) The Central Government shall provide financial assistance to the
successor States in setting up new operational hubs for Greyhounds
at such locations as the successor States may by order notify.
(5) The Greyhound and OCTOPUS forces of the existing State of
Andhra Pradesh shall be distributed between the successor States
after seeking options from the personnel and, each of these forces,
on or after the appointed day shall function under the respective
Director General of Police of the successor States.
9. On and from the appointed day, in the First Schedule to the
Constitution, under the heading “I. THE STATES,––
Amendment of
the First
Schedule to
the
Constitution.
(a) in the paragraph relating to the territories of the State of
Andhra Pradesh, after the words, brackets and figures “Second
Schedule to the Andhra Pradesh and Madras (Alteration of
Boundaries) Act, 1959”, the following shall be inserted, namely:-
“and the territories specified in section 3 of the Andhra
Pradesh Reorganisation Act, 2013”;
(b) after entry 28, the following entry shall be inserted,
namely:-
“29. Telangana: The territories specified in section 3 of the
Andhra Pradesh Reorganisation Act, 2013.”.
10. Nothing in the foregoing provisions of this Part shall be deemed
to affect the power of the Government of Andhra Pradesh or the
Government of Telangana to alter, after the appointed day, the
name, area or boundaries of any district or other territorial division
in the State.
Saving powers of
State Governments.
PART III
REPRESENTATION IN THE LEGISLATURES
THE COUNCIL OF STATES
11. On and from the appointed day, in the Fourth Schedule to the
Constitution, in the Table,-
Amendment of
Fourth Schedule to
Constitution.
(a) in entry 1, for the figures “18”, the figures “11” shall be
substituted;
5
(b) entries 2 to 30 shall be renumbered as entries 3 to 31
respectively;
(c) after entry 1, the following entry shall be inserted, namely:-
“2. Telangana ………………………………………. 7”.
12. (1) On and from the appointed day, eighteen sitting members of
the Council of States representing the existing State of Andhra
Pradesh shall be deemed to have been elected to fill the seats
allotted to the States of Andhra Pradesh and Telangana, as specified
in the First Schedule to this Act.
Allocation of sitting
members.
(2) The term of office of such sitting members shall remain
unaltered.
THE HOUSE OF THE PEOPLE
43 of 1950.
13. On and from the appointed day, there shall be allocated 25 seats
to the successor State of Andhra Pradesh, and 17 seats to the
successor State of Telangana, in the House of the People, and the
First Schedule to the Representation of the People Act, 1950 shall
be deemed to be amended accordingly.
Representation in
House of the People.
14. On and from the appointed day, the Delimitation of
Parliamentary and Assembly Constituencies Order, 2008, shall
stand amended as directed in the Second Schedule to this Act.
Delimitation of
Parliamentary
and Assembly
Constituencies.
15. (1) Every sitting member of the House of the People
representing a constituency which, on the appointed day by virtue of
the provisions of section 13, stands allotted, with or without
alteration of boundaries, to the successor States of Andhra Pradesh
or Telangana, shall be deemed to have been elected to the House of
the People by that constituency as so allotted.
Provision as to
sitting members.
(2) The term of office of such sitting members shall remain
unaltered.
THE LEGISLATIVE ASSEMBLY
16. (1) Subject to the provisions of sub-section (2), the number of
seats in the Legislative Assemblies of the States of Andhra Pradesh
and Telangana, on and from the appointed day, shall be 175 and
119, respectively.
Provisions as to
Legislative
Assemblies.
(2) Notwithstanding anything in sub-section (1), the Governor of the
State may nominate one member each to the Legislative Assemblies
of the successor States to give representation to the Anglo-Indian
community in accordance with article 333 of the Constitution.
6
43 of 1950.
(3) In the Second Schedule to the Representation of the People Act,
1950, under the heading “I. STATES:”––
(a) in entry 1, for the figures “294”, the figures “175” shall be
substituted;
(b) entries 25 to 28 shall be renumbered as entries 26 and 29
respectively;
(c) after entry 24, the following entry shall be inserted, namely:-
___1_________ ____5
“25. Telangana 119”.
17. (1) Every sitting member of the Legislative Assembly of the
existing State of Andhra Pradesh elected to fill a seat in that
Assembly from a constituency which on the appointed day by virtue
of the provisions of section 16 stands allotted, with or without
alteration of boundaries, to the State of Telangana shall, on and
from that day, cease to be a member of the Legislative Assembly of
Andhra Pradesh and shall be deemed to have been elected to fill a
seat in the provisional Legislative Assembly of Telangana from that
constituency as so allotted.
Allocation of sitting
members.
(2) All other sitting members of the Legislative Assembly of the
existing State of Andhra Pradesh shall continue to be members of
the Legislative Assembly of that State and any such sitting member
representing a constituency, the extent or the name of which are
altered by virtue of the provisions of section 16, shall be deemed to
have been elected to the Legislative Assembly of Andhra Pradesh
by that constituency as so altered.
(3) Notwithstanding anything contained in any other law for the
time being in force, the Legislative Assemblies of Andhra Pradesh
and Telangana shall be deemed to be duly constituted on the
appointed day.
18.(1) On and from the appointed day and until the Legislative
Assembly of the successor State of Telangana has been duly
constituted and summoned to meet for the first session under the
provisions of the Constitution, there shall be constituted a
provisional Legislative Assembly of the State of Telangana,
consisting of the 119 sitting members of the Legislative Assembly
of the existing State of Andhra Pradesh representing the Assembly
constituencies of the territories transferred by virtue of the
provisions of section 3.
Composition
of provisional
Legislative
Assembly of
Telangana.
(2) The sitting member of the Legislative Assembly of the existing
7
State of Andhra Pradesh nominated to that Assembly under article
333 to represent the Anglo-Indian community shall be deemed to
have been nominated to represent the community in the provisional
Legislative Assembly of Telangana under that article.
(3) The provisional Legislative Assembly of the State of Telangana
shall exercise all the powers and perform all the duties conferred by
the provisions of the Constitution on the Legislative Assembly of
that State.
(4) The term of office of the members of the provisional Legislative
Assembly of the State of Telangana shall, unless the said
Legislative Assembly is sooner dissolved, expire immediately
before the first meeting of the Legislative Assembly of the State of
Telangana.
19. The period of five years referred to in clause (1) of article 172
sha1l, in the case of the Legislative Assembly of the State of
Andhra Pradesh and of the provisional Legislative Assembly of the
State of Telangana, be deemed to have commenced on the date on
which it actually commenced in the case of the Legislative
Assembly of the existing State of Andhra Pradesh.
Duration of
Legislative
Assemblies.
20. (1) The person who immediately before the appointed day is the
Speaker of the Legislative Assembly of the existing State of Andhra
Pradesh shall continue to be the Speaker of that Assembly on and
from that day.
Speaker and
Deputy
Speaker.
(2) As soon as may be after the appointed day, the provisional
Legislative Assembly of the successor State of Telangana shall
choose two members of that Assembly to be respectively Speaker
and Deputy Speaker thereof and until they are so chosen, the duties
of the office of Speaker shall be performed by such member of the
Assembly as the Governor may appoint for the purpose.
21. The rules of procedure and conduct of business of the
Legislative Assembly of Andhra Pradesh as in force immediately
before the appointed day shall, until rules are made under clause (1)
of article 208, be the rules of procedure and conduct of business of
the Legislative Assembly of Telangana, subject to such
modifications and adaptations as may be made therein by the
speaker thereof.
Rules of
procedure.
THE LEGISLATIVE COUNCILS
22. (1) There shall be constituted a Legislative Council for each of
the successor States consisting of not more than 50 members in the
Legislative Council of Andhra Pradesh and 40 members in the
Legislative Council of Telangana in accordance with the provisions
contained in article 169 of the Constitution.
Provisional
Legislative Council
for successor States.
8
(2) Until the Legislative Councils for the successor States are duly
constituted, the existing Legislative Council of the State of Andhra
Pradesh shall, on and from the appointed day, be deemed to have
been constituted as two provisional Councils of the successor States
and the existing members shall be allotted to the provisional
Councils as specified in the Fourth Schedule.
23. (1) On and from the appointed day, there shall be 50 seats in the
Legislative Council of Andhra Pradesh and 40 seats in the
Legislative Council of Telangana, respectively.
Legislative Councils
for successor States.
43 of 1950. (2) In the Representation of the People Act, 1950,––
(i) in the Third Schedule,––
(a) for the existing entry 1, the following entry shall be
substituted, namely:––
___1_________ 2 3 ___4____5 6 7
“1. Andhra Pradesh 50 17 5 5 17 6”;
(b) after entry 7, the following entry shall be inserted, namely:–
___1_________ 2 3 ___4____5 6 7
“7A. Telangana 40 14 3 3 14 6”;
(ii) in the Fourth Schedule, after the heading “Tamil Nadu”
and the entries relating thereunder, the following heading and
the entries shall be inserted, namely:––
“TELANGANA
1. Municipal Corporations.
2. Municipalities.
3. Nagar Panchayats.
4. Cantonment Boards.
5. Zila Praja Parishads.
6. Mandal Praja Parishads.”.
24. On and from the appointed day, the Delimitation of Council
Constituencies (Andhra Pradesh) Order, 2006 shall stand amended
as directed in the Third Schedule.
Amendment of
Delimitation
of Council
Constituencies
Order.
25. As soon as may be after the appointed day, the Legislative
Councils of the successor States of Andhra Pradesh and Telangana
may choose a member each from the respective Councils to be the
Chairman.
9
Chairman of the Council.
DELIMITATION OF CONSTITUENCIES
26. (1) For the purpose of giving effect to the provisions of section
16, the Election Commission shall determine in the manner
hereinafter provided––
Delimitation of
constituencies.
(a) the number of seats to be reserved for the Scheduled Castes and
the Scheduled Tribes in the Legislative Assemblies of the States of
Andhra Pradesh and Telangana, respectively, having regard to the
relevant provisions of the Constitution;
(b) the assembly constituencies into which each State referred to in
clause (a) shall be divided, the extent of each of such constituencies
and in which of them seats shall be reserved for the Scheduled
Castes or for the Scheduled Tribes; and
(c) the adjustments in the boundaries and description of the extent
of the parliamentary constituencies in each State referred to in
clause (a) that may be necessary or expedient.
(2) In determining the matters referred to in clauses (b) and (c) of
sub-section (1), the Election Commission shall have regard to the
following provisions, namely:-
(a) all the constituencies shall be single-member constituencies;
(b) all constituencies shall, as far as practicable, be geographically
compact areas, and in delimiting them, regard shall be had to
physical features, existing boundaries of administrative units,
facilities of communication and conveniences to the public; and
(c) constituencies in which seats are reserved for the Scheduled
Castes and the Scheduled Tribes shall, as far as practicable, be
located in areas where the proportion of their population to the total
population is the largest.
(3) The Election Commission shall, for the purpose of assisting it in
the performance of its functions under sub-section (1), associate
with itself as associate members, five persons as the Central
Government may by order specify, being persons who are the
members of the Legislative Assembly of the State or of the House
of the People representing the State:
Provided that none of the associate members shall have a right
to vote or to sign any decision of the Election Commission.
(4) If, owing to death or resignation, the office of an associate
member falls vacant, it shall be filled as far as practicable, in
accordance with the provisions of sub-section (3).
10
(5) The Election Commission shall––
(a) publish its proposals for the delimitation of constituencies
together with the dissenting proposals, if any, of any associate
member who desires publication thereof in the Official Gazette
and in such other manner as the Commission may consider fit,
together with a notice inviting objections and suggestions in
relation to the proposals and specifying a date on or after which
the proposals will be further considered by it;
(b) consider all objections and suggestions which may have
been received by it before the date so specified; and
(c) after considering all objections and suggestions which
may have been received by it before the date so specified,
determine by one or more orders the delimitation of
constituencies and cause such order or orders to be published in
the Official Gazette,
and upon such publication, the order or orders shall have the full
force of law and shall not be called in question in any court.
(6) As soon as may be after such publication, every such order
relating to assembly constituencies shall be laid before the
Legislative Assembly of the concerned State.
27. (1) The Election Commission may, from time to time, by
notification in the Official Gazette,-
Power of Election
Commission to
maintain
Delimitation Orders
up-to- date.
(a) correct any printing mistakes in any order made under
section 26 or any error arising therein from inadvertent slip or
omission; and
(b) where the boundaries or name of any territorial division
mentioned in any such order or orders is or are altered, make such
amendments as appear to it to be necessary or expedient for
bringing such order up-to-date.
(2) Every notification under this section relating to an assembly
constituency shall be laid, as soon as may be after it is issued,
before the concerned Legislative Assembly.
SCHEDULED CASTES AND SCHEDULED TRIBES
28. On and from the appointed day, the Constitution (Scheduled
Castes) Order, 1950, shall stand amended as directed in the Fifth
Schedule to this Act.
Amendment of
Scheduled
Castes Order.
29. On and from the appointed day, the Constitution (Scheduled Amendment of
Scheduled Tribes
11
Tribes) Order, 1950, shall stand amended as directed in the Sixth
Schedule to this Act.
Order.
PART IV
HIGH COURT
30. (1) On and from the appointed day,–– High Court of
Judicature at
Hyderabad to be
common High Court
till establishment of
High Court of
Andhra Pradesh.
(a) the High Court of Judicature at Hyderabad shall be the
common High Court for the State of Telangana and the State of
Andhra Pradesh till a separate High Court for the State of
Andhra Pradesh is constituted under article 214 of the
Constitution read with section 31 of this Act;
(b) the Judges of the High Court at Hyderabad for the existing
State of Andhra Pradesh holding office immediately before the
appointed day shall become on that day the Judges of the
common High Court.
(2) The expenditure in respect of salaries and allowances of the
Judges of the common High Court shall be allocated amongst the
States of Andhra Pradesh and Telangana on the basis of population
ratio.
31. (1) Subject to the provisions of section 30, there shall be a
separate High Court for the State of Andhra Pradesh (hereinafter
referred to as the High Court of Andhra Pradesh) and the High
Court of Judicature at Hyderabad shall become the High Court for
the State of Telangana (hereinafter referred to as the High Court at
Hyderabad).
High Court of
Andhra Pradesh.
(2) The principal seat of the High Court of Andhra Pradesh shall be
at such place as the President may, by notified order, appoint.
(3) Notwithstanding anything contained in sub-section (2), the
Judges and division courts of the High Court of Andhra Pradesh
may sit at such other place or places in the State of Andhra Pradesh
other than its principal seat as the Chief Justice may, with the
approval of the Governor of Andhra Pradesh, appoint.
32. (1) Such of the Judges of the High Court at Hyderabad holding
office immediately before the date of establishment of the High
Court of Andhra Pradesh as may be determined by the President,
shall, from that date cease to be Judges of the High Court at
Hyderabad and become, Judges of the High Court of Andhra
Judges of Andhra
Pradesh High Court.
12
Pradesh.
(2) The persons who by virtue of sub-section (1) become Judges of
the High Court of Andhra Pradesh shall, except in the case where
any such person is appointed to be the Chief Justice of that High
Court, rank in that Court according to the priority of their respective
appointments as Judges of the High Court at Hyderabad.
33. The High Court of Andhra Pradesh shall have, in respect of any
part of the territories included in the State of Andhra Pradesh, all
such jurisdiction, powers and authority as, under the law in force
immediately before the date referred to in sub-section (1) of section
30, are exercisable in respect of that part of the said territories by
the High Court at Hyderabad.
Jurisdiction of
Andhra Pradesh
High Court.
25 of 1961. 34. (1) On and from the date referred to in sub-section (1) of section
30, in the Advocates Act, 1961, in section 3, in sub-section (1), in
clause (a), for the words “Rajasthan, Uttar Pradesh”, the words
“Rajasthan, Telangana, Uttar Pradesh” shall be substituted.
Special provision
relating to Bar
Council and
advocates.
(2) Any person who immediately before the date referred to in subsection
(1) of section 30 is an advocate on the roll of the Bar
Council of the existing State of Andhra Pradesh and practising as an
advocate in the High Court at Hyderabad, may give his option in
writing, within one year from that date to the Bar Council of such
existing State, to transfer his name on the roll of the Bar Council of
Telangana and notwithstanding anything contained in the Advocates
Act, 1961 and the rules made thereunder, on such option so given
his name shall be deemed to have been transferred on the roll of the
Bar Council of Telangana with effect from the date of the option so
given for the purposes of the said Act, and the rules made
thereunder.
(3) The persons other than the advocates who are entitled
immediately before the date referred to in sub-section (1) of section
30, to practise in the High Court at Hyderabad or any subordinate
court thereof shall, on and after that date, be recognised as such
persons entitled also to practise in the High Court of Andhra
Pradesh or any subordinate court thereof, as the case may be.
(4) The right of audience in the High Court of Andhra Pradesh shall
be regulated in accordance with the like principles as immediately
before the date referred to in sub-section (1) of section 30, are in
force with respect to the right of audience in the High Court at
Hyderabad.
35. Subject to the provisions of this Part, the law in force
immediately before the date referred to in sub-section (1) of section
30 with respect to practice and procedure in the High Court at
Hyderabad shall, with the necessary modifications, apply in relation
to the High Court of Andhra Pradesh, and accordingly, the High
Practice and
procedure in Andhra
Pradesh High Court.
13
Court of Andhra Pradesh shall have all such powers to make rules
and orders with respect to practice and procedure as are
immediately before that date exercisable by the High Court at
Hyderabad:
Provided that any rules or orders which are in force
immediately before the date referred to in sub-section (1) of section
30 with respect to practice and procedure in the High Court at
Hyderabad shall, until varied or revoked by rules or orders made by
the High Court of Andhra Pradesh, apply with the necessary
modifications in relation to practice and procedure in the High
Court of Andhra Pradesh as if made by that Court.
36. The law in force immediately before the date referred to in subsection
(1) of section 30 with respect to the custody of the seal of
the High Court at Hyderabad shall, with the necessary
modifications, apply with respect to the custody of the seal of the
High Court of Andhra Pradesh.
Custody of seal of
Andhra Pradesh
High Court.
37. The law in force immediately before the date referred to in subsection
(1) of section 30 with respect to the form of writs and other
processes used, issued or awarded by the High Court at Hyderabad
shall, with the necessary modifications, apply with respect to the
form of writs and other processes used, issued or awarded by the
High Court of Andhra Pradesh.
Form of writs and
other processes.
38. The law in force immediately before the date referred to in subsection
(1) of section 30 relating to the powers of the Chief Justice,
single Judges and division courts of the High Court at Hyderabad
and with respect to all matters ancillary to the exercise of those
powers shall, with the necessary modifications, apply in relation to
the High Court of Andhra Pradesh.
Powers of
Judges.
39. The law in force immediately before the date referred to in subsection
(1) of section 30 relating to appeals to the Supreme Court
from the High Court at Hyderabad and the Judges and division
courts thereof shall, with the necessary modifications, apply in
relation to the High Court of Andhra Pradesh.
Procedure as .
to appeals to
Supreme
Court.
40. (1) Except as hereinafter provided, the High Court at Hyderabad
shall, as from the date referred to in sub-section (1) of section 30,
have no jurisdiction in respect of the State of Andhra Pradesh.
Transfer of
proceedings
from
Hyderabad
High Court to
Andhra Pradesh
High Court.
(2) Such proceedings pending in the High Court at Hyderabad
immediately before the date referred to in sub-section (1) of section
30 as are certified, whether before or after that day, by the Chief
Justice of that High Court, having regard to the place of accrual of
the cause of action and other circumstances, to be proceedings
which ought to be heard and decided by the High Court of Andhra
14
Pradesh shall, as soon as may be after such certification, be
transferred to the High Court of Andhra Pradesh.
(3) Notwithstanding anything contained in sub-sections ( 1 ) and (2)
of this section or in section 33, but save as hereinafter provided, the
High Court at Hyderabad shall have, and the High Court of Andhra
Pradesh shall not have, jurisdiction to entertain, hear or dispose of
appeals, applications for leave to the Supreme Court, applications
for review and other proceedings where any such proceedings seek
any relief in respect of any order passed by the High Court at
Hyderabad before the date referred to in sub-section (1) of section
30:
Provided that if after any such proceedings have been
entertained by the High Court at Hyderabad, it appears to the Chief
Justice of that High Court that they ought to be transferred to the
High Court of Andhra Pradesh, he shall order that they shall be so
transferred, and such proceedings shall thereupon be transferred
accordingly.
(4) Any order made by the High Court at Hyderabad––
(a) before the date referred to in sub-section (1) of section 30,
in any proceedings transferred to the High Court of Andhra
Pradesh by virtue of sub-section (2), or
(b) in any proceedings with respect to which the High Court at
Hyderabad retains jurisdiction by virtue of sub-section (3),
shall for all purposes have effect, not only as an order of the High
Court at Hyderabad, but also as an order made by the High Court of
Andhra Pradesh.
41. Any person who, immediately before the date referred to in subsection
(1) of section 30, is an advocate entitled to practise or any
other persons entitled to practise in the High Court at Hyderabad
and was authorised to appear in any proceedings transferred from
that High Court to the High Court of Andhra Pradesh under section
40, shall have the right to appear in the High Court of Andhra
Pradesh in relation to those proceedings.
Right to
appear or to
act in
proceedings
transferred to
Andhra Pradesh
High Court.
42. For the purposes of section 40–– Interpretation.
(a) proceedings shall be deemed to be pending in a court until
that court has disposed of all issues between the parties, including
any issues with respect to the taxation of the costs of the
proceedings and shall include appeals, applications for leave to
appeal to the Supreme Court, applications for review, petitions for
revision and petitions for writs; and
(b) references to a High Court shall be construed as including
15
references to a Judge or division court thereof, and references to an
order made by a court or a Judge shall be construed as including
references to a sentence, judgment or decree passed or made by
that court or Judge.
43. Nothing in this Part shall affect the application to the High
Court of Andhra Pradesh of any provisions of the Constitution, and
this Part shall have effect subject to any provision that may be made
on or after the date referred to in sub-section (1) of section 30 with
respect to that High Court by any Legislature or other authority
having power to make such provision.
Savings.
PART V
AUTHORISATION OF EXPENDITURE AND DISTRIBUTION
OF REVENUES
44. The Governor of existing State of Andhra Pradesh may, at any
time before the appointed day, authorise such expenditure from the
Consolidated Fund of the State of Telangana as he deems necessary
for any period not more than six months beginning with the
appointed day pending the sanction of such expenditure by the
Legislative Assembly of the State of Telangana:
Authorisation
of expenditure
of Telangana
State.
Provided that the Governor of Telangana may, after the
appointed day, authorise such further expenditure as he deems
necessary from the Consolidated Fund of the State of Telangana for
any period not extending beyond the said period of six months.
45. (1) The reports of the Comptroller and Auditor-General of India
referred to in clause (2) of article 151 relating to the accounts of the
existing State of Andhra Pradesh in respect of any period prior to
the appointed day shall be submitted to the Governor of each of the
successor States of Andhra Pradesh and Telangana who shall cause
them to be laid before the Legislature of that State.
Reports
relating to
accounts of
Andhra Pradesh
State.
(2) The President may by order––
(a) declare any expenditure incurred out of the Consolidated
Fund of Andhra Pradesh on any service in respect of any period
prior to the appointed day during the financial year or in respect of
any earlier financial year in excess of the amount granted for that
service and for that year as disclosed in the reports referred to in
sub-section (1) to have been duly authorised; and
(b) provide for any action to be taken on any matter arising out
of the said reports.
46. (1) The award made by the Thirteenth Finance Commission to
the existing State of Andhra Pradesh shall be apportioned between
the successor States by the Central Government on the basis of
Distribution of
Revenue.
16
population ratio and other parameters.
(2) Notwithstanding anything in sub-section (1), the Central
Government may, having regard to the resources available to the
successor State of Andhra Pradesh, make appropriate grants to that
State.
PART VI
APPORTIONMENT OF ASSETS AND LIABILITIES
47. (1) The provisions of this Part shall apply in relation to the
apportionment of the assets and liabilities of the existing State of
Andhra Pradesh immediately before the appointed day.
Application of Part.
(2) The successor States shall be entitled to receive benefits arising
out of the decisions taken by the existing State of Andhra Pradesh
and the successor States shall be liable to bear the financial
liabilities arising out of the decisions taken by the existing State of
Andhra Pradesh.
(3) The apportionment of assets and liabilities shall be subject to
such financial adjustment as may be necessary to secure just,
reasonable and equitable apportionment of the assets and liabilities
amongst the successor States.
(4) Any dispute regarding the amount of financial assets and
liabilities shall be settled through mutual agreement, failing which
by order by the Central Government on the advice of the
Comptroller and Auditor-General of India.
48. (1) Subject to the other provisions of this Part, all land and all
stores, articles and other goods belonging to the existing State of
Andhra Pradesh shall,-
Land and goods.
(a) if within the transferred territory, pass to the State of
Telangana; or
(b) in any other case, remain the property of the State of
Andhra Pradesh:
Provided that in case of properties situated outside the existing
State of Andhra Pradesh, such properties shall be apportioned
between the successor States on the basis of population ratio:
Provided further that where the Central Government is of
opinion that any goods or class of goods should be distributed
among the States of Andhra Pradesh and Telangana, otherwise than
according to the situation of the goods, the Central Government
may issue such directions as it thinks fit for a just and equitable
distribution of the goods and the goods shall pass to the successor
17
States accordingly:
Provided further that in case of any dispute relating to the
distribution of any goods or class of goods under this sub-section,
the Central Government shall endeavour to settle such dispute
through mutual agreement arrived at between the Governments of
the successor States for that purpose, failing which the Central
Government may, on request by any of the Governments of the
successor States, after consulting the Governments of the successor
States, issue such direction as it may deem fit for the distribution of
such goods or class of goods, as the case may be, under this subsection.
(2) Stores held for specific purposes, such as use or utilisation in
particular institutions, workshops or undertakings or on particular
works under construction, shall pass to the successor States in
whose territories such institutions, workshops, undertakings or
works are located.
(3) Stores relating to the Secretariat and offices of Heads of
Departments having jurisdiction over the whole of the existing State
of Andhra Pradesh shall be divided between the successor States on
the basis of population ratio.
(4) In this section, the expression “land” includes immovable
property of every kind and any rights in or over such property, and
the expression “goods” does not include coins, bank notes and
currency notes.
49. The total of the cash balances in all treasuries of the existing
State of Andhra Pradesh and the credit balances of the existing State
of Andhra Pradesh with the Reserve Bank of India, the State Bank
of India or any other bank immediately before the appointed day
shall be divided between the States of Andhra Pradesh and
Telangana on the basis of population ratio:
Treasury and bank
balances.
Provided that for the purposes of such division, there shall be no
transfer of cash balances from any treasury to any other treasury and
the apportionment shall be effected by adjusting the credit balances
of the two States in the books of the Reserve Bank of India on the
appointed day:
Provided further that if the State of Telangana has no account
on the appointed day with the Reserve Bank of India, the adjustment
shall be made in such manner as the Central Government may, by
order, direct.
50. The right to recover arrears of the tax or duty on property,
including arrears of land revenue, shall belong to the successor State
in which the property is situated, and the right to recover arrears of
any other tax or duty shall belong to the successor State in whose
Arrears of taxes.
18
territories the place of assessment of that tax or duty is included on
the appointed day.
51. (1) The right of the existing State of Andhra Pradesh to recover
any loans or advances made before the appointed day to any local
body, society, agriculturist or other person in an area within that
State shall belong to the successor State in which that area is
included on that day.
Right to recover
loans and advances.
(2) The right of the existing State of Andhra Pradesh to recover any
loans or advances made before the appointed day to any person or
institution outside that State shall belong to the State of Andhra
Pradesh:
Provided that any sum recovered in respect of any such loan or
advance shall be divided between the States of Andhra Pradesh and
Telangana on the basis of population ratio.
52.(1) The securities held in respect of the investments made from
Cash Balances Investment Account or from any Fund in the Public
Account of the existing State of Andhra Pradesh as specified in the
Seventh Schedule shall be apportioned on the basis of population
ratio of the successor States:
Investments and
credits in certain
funds.
Provided that the securities held in investments made from the
Calamity Relief Fund of the existing State of Andhra Pradesh shall
be divided in the ratio of the area of the territories occupied by the
successor States:
(2) The investments of the existing State of Andhra Pradesh
immediately before the appointed day in any special fund, the
objects of which are confined to a local area, shall belong to the
State in which that area is included on the appointed day:
Provided that the investments in such special funds on
multiple entities situated in different parts of the existing State, and
such parts fall within the territories of the States of Andhra Pradesh
and Telangana, shall be apportioned between the successor States
on the basis of population ratio.
(3) The investments of the existing State of Andhra Pradesh
immediately before the appointed day in any private, commercial or
industrial undertaking, the objects of which are confined to a local
area, shall belong to the successor State in which such area is
included on the appointed day:
Provided that investments in such entities, having multiple units
situated in different parts of the existing State, and such parts fall
within the territories of the States of Andhra Pradesh and
Telangana, shall be apportioned between the successor States on the
basis of population ratio.
19
(4) Where any body corporate constituted under a Central Act, State
Act or Provincial Act for the existing State of Andhra Pradesh or
any part thereof has, by virtue of the provisions of Part II, become
an inter-State body corporate, the investments in, or loans or
advances to, any such body corporate by the existing State of
Andhra Pradesh made before the appointed day shall, save as
otherwise expressly provided by or under this Act, be divided
between the States of Andhra Pradesh and Telangana in the same
proportion in which the assets of the body corporate are divided
under the provisions of this Part.
53. (1) The assets and liabilities relating to any commercial or
industrial undertaking of the existing State of Andhra Pradesh,
where such undertaking or part thereof is exclusively located in, or
its operations are confined to, a local area, shall pass to the State in
which that area is included on the appointed day, irrespective of the
location of its headquarters:
Assets and liabilities
of
State undertakings.
Provided that where the operation of such undertaking becomes
inter-State by virtue of the provisions of Part II, the assets and
liabilities of––
(a) the operational units of the undertaking shall be
apportioned between the two successor States on location basis;
and
(b) the headquarters of such undertaking shall be
apportioned between the two successor States on the basis of
population ratio.
(2) Upon apportionment of the assets and liabilities, such assets
and liabilities shall be transferred in physical form on mutual
agreement or by making payment or adjustment through any other
mode as may be agreed to by the successor States.
54. (1) All liabilities on account of Public Debt and Public Account
of the existing State of Andhra Pradesh outstanding immediately
before the appointed day shall be apportioned on the basis of
population ratio of the successor States unless a different mode of
apportionment is provided under the provisions of this Act.
Public Debt.
(2) The individual items of liabilities to be allocated to the successor
States and the amount of contribution required to be made by one
successor State to another shall be such as may be ordered by the
Central Government on the advice of the Comptroller and Auditor-
General of India:
Provided that till such orders are issued, the liabilities on
account of Public Debt and Public Account of the existing State of
Andhra Pradesh shall continue to be the liabilities of the successor
State of Andhra Pradesh.
20
(3) The liability on account of loan raised from any source and relent
by the existing State of Andhra Pradesh to such entities as may
be specified by the Central Government and whose area of
operation is confined to either of the successor States shall devolve
on the respective States as specified in sub-section (4).
(4) The public debt of the existing State of Andhra Pradesh
attributable to loan taken from any source for the express purpose of
re-lending the same to a specific institution and outstanding
immediately before the appointed day shall,-
(a) if re-lent to any local body, body corporate or other
institution in any local area, be the debt of the State in which the
local area is included on the appointed day; or
(b) if re-lent to any other corporation or institution which
becomes an inter-State corporation or institution on the appointed
day, be divided between the States of Andhra Pradesh and
Telangana in the same proportion in which the assets of such body
corporate or institution are divided under the provisions of Part
V11.
(5) Where a sinking fund or a depreciation fund is maintained by the
existing State of Andhra Pradesh for repayment of any loan raised
by it, the securities held in respect of investments made from that
fund shall be divided between the successor States of Andhra
Pradesh and Telangana in the same proportion in which the total
public debt is divided between the two States under this section.
18 of 1944.
(6) In this section, the expression “Government security” means a
security created and issued by a State Government for the purpose
of raising a public loan and having any of the forms specified in, or
prescribed under, clause (2) of section 2 of the Public Debt Act,
1944.
55. All liabilities of the existing State of Andhra Pradesh in
respect of any floating loan to provide short term finance to any
local body, body corporate or other institution, shall be determined
on the following basis, namely:––
(a) if, the purposes of the floating loan are, on and from the
appointed day, exclusive purposes of either of the successor States,
then, of that State;
(b) in any other case, it shall be divided on the basis of
population ratio.
Floating Debt.
56. (1) The liability of the existing State of Andhra Pradesh to
refund any tax or duty on property, including land revenue,
collected in excess shall be the liability of the successor State in
whose territories the property is situated, and the liability of the
existing State of Andhra Pradesh to refund any other tax or duty
Refund of
taxes collected
in excess.
21
collected in excess shall be apportioned between the Successor
States of Andhra Pradesh and Telangana on the basis of population
ratio and the State discharging the liability shall be entitled to
receive from the other State its share of the liability, if any.
(2) The liability of the existing State of Andhra Pradesh to refund
any other tax or duty collected in excess on the appointed day shall
be the liability of the successor State in whose territories the place
of assessment of such tax or duty is included, and the liability of
the existing State of Andhra Pradesh to refund any other tax or duty
collected in excess shall be apportioned between the Successor
States of Andhra Pradesh and Telangana on the basis of population
ratio and the State discharging the liability shall be entitled to
receive from the other State its share of the liability, if any.
57. (1) The liability of the existing State of Andhra Pradesh in
respect of any civil deposit or local fund deposit shall, as from the
appointed day, be the liability of the successor State in whose area
the deposit has been made.
Deposits, etc.
(2) The liability of the existing State of Andhra Pradesh in respect
of any charitable or other endowment shall, as from the appointed
day, be the liability of the successor State in whose area the
institution entitled to the benefit of the endowment is located or of
the successor State to which the objects of the endowment, under
the terms thereof, are confined:
Provided that any civil deposits or loan funds or charitable or
other endowment fund maintained by the existing State of Andhra
Pradesh before the appointed day having jurisdiction over the entire
state shall be apportioned between the successor States on the basis
of population ratio.
58. The liability of the existing State of Andhra Pradesh in respect
of the provident fund account of a Government servant in service on
the appointed day shall, as from that day, be the liability of the
successor State to which that Government servant is permanently
allotted.
Provident
Fund.
59. The liability of the existing State of Andhra Pradesh in respect
of pensions shall pass to, or be apportioned between, the successor
States of Andhra Pradesh and Telangana in accordance with the
provisions contained in the Eighth Schedule to this Act.
Pensions.
60. (1) Where, before the appointed day, the existing State of
Andhra Pradesh has made any contract in the exercise of its
executive power for any purposes of the State, that contract shall,––
Contracts.
(a) if the purposes of the contract are, on and from the
appointed day, exclusive purposes of either of the successor States
of Andhra Pradesh and Telangana, then it shall be deemed to have
been made in exercise of the executive power of that State and the
22
liability shall be discharged by that State; and
(b) in any other case, all rights and liabilities which have
accrued or may accrue under any such contract shall be
apportioned between the successor States on the basis of
population ratio or in any other manner as may be agreed to by the
successor States.
(2) For the purposes of this section, there shall be deemed to be
included in the liabilities which have accrued or may accrue under
any contract––
(a) any liability to satisfy an order or award made by any court
or other tribunal in proceedings relating to the contract; and
(b) any liability in respect of expenses incurred in or in
connection with any such proceedings.
(3) This section shall have effect subject to the other provisions of
this Part relating to the apportionment of liabilities in respect of
loans, guarantees and other financial obligations; and the bank
balances and securities shall, notwithstanding that they partake of
the nature of contractual rights, be dealt with under those
provisions.
61. Where, immediately before the appointed day, the existing State
of Andhra Pradesh is subject to any liability in respect of any
actionable wrong other than breach of contract, that liability shall,––
Liability in respect
of actionable wrong.
(a) if the cause of action arose wholly within the territories
which, as from that day, are the territories of either of the
successor States of Andhra Pradesh or Telangana, be the liability
of that State; and
(b) in any other case, be apportioned between the successor
States on the basis of population ratio or in any other manner as
may be agreed to by the successor States.
62. Where, immediately before the appointed day, the existing State
of Andhra Pradesh is liable as guarantor in respect of any liability of
a registered co-operative society or other person, that liability shall,-
Liability as
guarantor.
(a) if the area of operations of such society or persons is
confined to the territories which, as from that day, are the
territories of either of the States of Andhra Pradesh or Telangana,
be a liability of that State; and
(b) in any other case, be apportioned between the successor
States on the basis of population ratio or in any other manner as
may be agreed to by the successor States.
23
63. If any item in suspense is ultimately found to affect an asset or
liability of the nature referred to in any of the foregoing provisions
of this Part, it shall be dealt with in accordance with that provision.
Items in suspense.
64. The benefit or burden of any asset or liability of the existing
State of Andhra Pradesh not dealt with in the foregoing provisions
of this Part shall pass to the State of Andhra Pradesh in the first
instance, subject to such financial adjustment as may be agreed
upon between the States of Andhra Pradesh and Telangana or, in
default of such agreement, as the Central Government may, by
order, direct.
Residuary provision.
65. Where the successor States of Andhra Pradesh and Telangana
agree that the benefit or burden of any particular asset or liability
should be apportioned between them in a manner other than that
provided for in the foregoing provisions of this Part,
notwithstanding anything contained therein, the benefit or burden of
that asset or liability shall be apportioned in the manner agreed
upon.
Apportionment
of assets or
liabilities by
agreement.
66. Where, by virtue of any of the provisions of this Part, either of
the successor States of Andhra Pradesh and Telangana becomes
entitled to any property or obtains any benefits or becomes subject
to any liability, and the Central Government is of opinion, on a
reference made within a period of three years from the appointed
day by either of the States, that it is just and equitable that such
property or those benefits should be transferred to, or shared with,
the other successor State, or that a contribution towards that liability
should be made by the other successor State, the said property or
benefits shall be allocated in such manner between the two States,
or the other State shall make to the State subject to the liability such
contribution in respect thereof, as the Central Government may,
after consultation with the two State Governments, by order,
determine.
Power of
Central
Government to
order
allocation or
adjustment in
certain cases.
67. All sums payable by the State of Andhra Pradesh or by the State
of Telangana, as the case may be, to the other State, or by the
Central Government to the successor States, by virtue of the
provisions of this Act, shall be charged on the Consolidated Fund of
the State by which such sums are payable or, as the case may be, the
Consolidated Fund of India.
Certain
expenditure to
be charged on
Consolidated
Fund.
PART VII
PROVISIONS AS TO CERTAIN CORPORATIONS
68. (1) The companies and corporations specified in the Ninth
Schedule constituted for the existing State of Andhra Pradesh shall,
on and from the appointed day, continue to function in those areas
in respect of which they were functioning immediately before that
Provisions for
various
companies and
corporations.
24
day, subject to the provisions of this section.
(2) The assets, rights and liabilities of the companies and
corporations referred to in sub-section (1) shall be apportioned
between the successor States in the manner provided in section 53.
69. If it appears to the Central Government that the arrangement in
regard to the generation or supply of electric power or the supply of
water for any area or in regard to the execution of any project for
such generation or supply has been or is likely to be modified to the
disadvantage of that area by reason of the fact that it is, by virtue of
the provisions of Part II, outside the State in which the power
stations and other installations for the generation and supply of such
power, or the catchment area, reservoirs and other works for the
supply of water, as the case may be, are located, the Central
Government may, after consultation with the Governments of the
successor States wherever necessary, give such directions as it
deems proper to the State Government or other authority concerned
for the maintenance, so far as practicable, of the previous
arrangement and the State to which such directions are given shall
comply with them.
Continuance
of
arrangements
in regard to
generation and
supply of
electric power
and supply of
water.
63 of 1951.
70. (1) The Andhra Pradesh State Financial Corporation established
under the State Financial Corporations Act, 1951 shall, on and from
the appointed day, continue to function in those areas in respect of
which it was functioning immediately before that day, subject to the
provisions of this section and to such directions as may, from time
to time, be issued by the Central Government.
Provisions as
to Andhra Pradesh
State
Financial
Corporation.
(2) Any directions issued by the Central Government under subsection
(1) in respect of the Corporation may include a direction that
the said Act, in its application to the Corporation, shall have effect
subject to such exceptions and modifications as may be specified in
the direction.
(3) Notwithstanding anything contained in sub-section (1) or subsection
(2), the Board of Directors of the Corporation may, with the
previous approval of the Central Government and shall, if so
required by the Central Government, convene at any time after the
appointed day a meeting for the consideration of a scheme for the
reconstitution or reorganisation or dissolution, as the case may be,
of the Corporation, including proposals regarding the formation of
new Corporations, and the transfer thereto of the assets, rights and
liabilities of the existing Corporation, and if such a scheme is
approved at the general meeting by a resolution passed by a
majority of the shareholders present and voting, the scheme shall be
submitted to the Central Government for its sanction.
(4) If the scheme is sanctioned by the Central Government either
without modifications or with modifications which are approved at
a general meeting, the Central Government shall certify the scheme,
25
and upon such certification, the scheme shall, notwithstanding
anything to the contrary contained in any law for the time being in
force, be binding on the Corporations affected by the scheme as
well as the shareholders and creditors thereof.
(5) If the scheme is not so approved or sanctioned, the Central
Government may refer the scheme to such Judge of the High Court
of Andhra Pradesh or the High Court of Telangana as may be
nominated in this behalf by the Chief Justice thereof, and the
decision of the Judge in regard to the scheme shall be final and shall
be binding on the Corporations affected by the scheme as well as
the shareholders and creditors thereof.
63 of 1951.
(6) Nothing in the preceding provisions of this section shall be
construed as preventing the Government of the States of Andhra
Pradesh and Telangana from constituting, at any time on or after the
appointed day, a State Financial Corporation for that State under the
State Financial Corporations Act, 1951.
71. (1) Notwithstanding anything in this Part, the Central
Government may, for each of the companies specified in the Ninth
Schedule to this Act, issue directions––
Certain provisions
for
companies.
(a) regarding the division of the interests and shares of the
existing State of Andhra Pradesh in the Company between the
successor States;
(b) requiring the reconstitution of the Board of Directors of the
Company so as to give adequate representation to the successor
States.
59 of 1988.
72. (1) Notwithstanding anything contained in section 89 of the
Motor Vehicles Act, 1988, a permit granted by the State Transport
Authority of the existing State of Andhra Pradesh or any Regional
Transport Authority in that State shall, if such permit was,
immediately before the appointed day, valid and effective in any
area in the transferred territory, be deemed to continue to be valid
and effective in that area after that day till its period of validity
subject to the provisions of that Act as for the time being in force in
that area; and it shall not be necessary for any such permit to be
countersigned by the State Transport Authority of Telangana or any
Regional Transport Authority therein for the purpose of validating it
for use in such area:
Temporary
provisions as
to continuance
of certain
existing road
transport
permits.
Provided that the Central Government may, after consultation
with the successor State Government or Governments concerned
add to amend or vary the conditions attached to the permit by the
Authority by which the permit was granted.
(2) No tolls, entrance fees or other charges of a like nature shall be
26
levied after the appointed day in respect of any transport vehicle for
its operations in any of the successor States under any such permit,
if such vehicle was, immediately before that day, exempt from the
payment of any such toll, entrance fees or other charges for its
operations in the transferred territory:
Provided that the Central Government may, after consultation
with the State Government or Governments concerned, authorise
the levy of any such toll, entrance fees or other charges, as the case
may be:
Provided further that the provisions of this sub-section shall
not be applicable where any such tolls, entrance fees or other
charges of a like nature are leviable for the use of any road or bridge
which is constructed or developed for commercial purpose by the
State Government, an undertaking of the State Government, a joint
undertaking in which the State Government is a shareholder or the
private sector.
14 of 1947.
73. Where on account of the reorganisation of the existing State of
Andhra Pradesh under this Act, any body corporate constituted
under a Central Act, State Act or Provincial Act, any co-operative
society registered under any law relating to co-operative societies or
any commercial or industrial undertaking of that State is
reconstituted or reorganised in any manner whatsoever or is
amalgamated with any other body corporate, co-operative society or
undertaking, or is dissolved, and in consequence of such
reconstitution, reorganisation, amalgamation or dissolution, any
workman employed by such body corporate or in any such cooperative
society or undertaking, is transferred to, or re-employed
by, any other body corporate, or in any other co-operative society or
undertaking, then, notwithstanding anything contained in section
25F or section 25FF or section 25FFF of the Industrial Disputes
Act, 1947, such transfer or re-employment shall not entitle him to
any compensation under that section:
Special –
provisions
relating to ,
retrenchment
compensation
in certain
cases.
Provided that-
(a) the terms and conditions of service applicable to the
workman after such transfer or re-employment are not less
favourable to the workman than those applicable to him
immediately before the transfer or re-employment;
14 of 1947.
(b) the employer in relation to the body corporate, the cooperative
society or the undertaking where the workman
transferred or re-employed is, by agreement or otherwise, legally
liable to pay to the workman, in the event of his retrenchment,
compensation under section 25F or section 25FF or section 25FFF
of the Industrial Disputes Act, 1947 on the basis that his service
has been continuous and has not been interrupted by the transfer or
27
re-employment.
43 of 1961.
74. Where the assets, rights and liabilities of any body corporate
carrying on business are, under the provisions of this Part,
transferred to any other bodies corporate which after the transfer
carry on the same business, the losses or profits or gains sustained
by the body corporate first-mentioned which, but for such transfer,
would have been allowed to be carried forward and set off in
accordance with the provisions of Chapter VI of the Income-tax
Act, 1961, shall be apportioned amongst the transferee bodies
corporate in accordance with the rules to be made by the Central
Government in this behalf and, upon such apportionment, the share
of loss allotted to each transferee body corporate shall be dealt with
in accordance with the provisions of Chapter VI of the said Act, as
if the transferee body corporate had itself sustained such loss in a
business carried on by it in the years in which those losses were
sustained.
Special
provision as to
income-tax.
75. (1) The Government of the State of Andhra Pradesh or the State
of Telangana, as the case may be, shall, in respect of the institutions
specified in the Tenth Schedule to this Act, located in that State,
continue to provide facilities to the people of the other State which
shall not, in any respect, be less favourable to such people than what
were being provided to them before the appointed day, for such
period and upon such terms and conditions as may be agreed upon
between the two State Governments within a period of one year
from the appointed day or, if no agreement is reached within the
said period, as may be fixed by order of the Central Government.
Continuance of
facilities in certain
State institutions.
(2) The Central Government may, at any time within one year from
the appointed day, by notification in the Official Gazette, specify in
the Tenth Schedule referred to in subsection (1) any other institution
existing on the appointed day in the States of Andhra Pradesh and
Telangana and, on the issue of such notification, such Schedule
shall be deemed to be amended by the inclusion of the said
institution therein.
PART VIII
PROVISIONS AS TO SERVICES
76. (1) In this section, the expression “State cadre”–– Provisions relating
to All-
India Services.
(a) in relation to the Indian Administrative Service, has the
meaning assigned to it in the Indian Administrative Service
(Cadre) Rules, 1954;
(b) in relation to the Indian Police Service, has the meaning
assigned to it in the Indian Police Service (Cadre) Rules, 1954; and
28
(c) in relation to the Indian Forest Service, has the meaning
assigned to it in the Indian Forest Service (Cadre) Rules, 1966.
(2) In place of the cadres of the Indian Administrative Service,
Indian Police Service and Indian Forest Service for the existing
State of Andhra Pradesh, there shall, on and from the appointed
day, be two separate cadres, one for the State of Andhra Pradesh
and the other for the State of Telangana in respect of each of these
services.
(3) The provisional strength, composition and allocation of officers
to the State cadres referred to in sub-section (2) shall be such as the
Central Government may, by order, determine on or after the
appointed day.
(4) The members of each of the said services borne on the Andhra
Pradesh cadre immediately before the appointed day shall be
allocated to the successor State cadres of the same service
constituted under sub-section (2) in such manner and with effect
from such date or dates as the Central Government may, by order,
specify.
61 of 1951.
(5) Nothing in this section shall be deemed to affect the operation,
on or after the appointed day, of the All-India Services Act, 1951, or
the rules made thereunder.
77. (1) Every person who immediately before the appointed day is
serving in connection with the affairs of the existing State of
Andhra Pradesh shall, on and from that day provisionally continue
to serve in connection with the affairs of the State of Andhra
Pradesh unless he is required, by general or special order of the
Central Government to serve provisionally in connection with the
affairs of the State of Telangana:
Provisions relating
to other services.
Provided that every direction under this sub-section issued after
the expiry of a period of one year from the appointed day shall be
issued with the consultation of the Governments of the successor
States:
(2) As soon as may be after the appointed day, the Central
Government shall, by general or special order, determine the
successor State to which every person referred to in sub-section (1)
shall be finally allotted for service, after seeking option from the
employees, and the date with effect from which such allotment shall
take effect or be deemed to have taken effect:
Provided that even after the allocation has been made, the
Central Government may, in order to meet any deficiency in the
service, depute officers of other State services from one successor
State to the other:
29
Provided further that as far as local, district, zonal and multizonal
cadres are concerned, the employees shall continue to serve,
on or after the appointed day, in that cadre:
Provided also that the employees of local, district, zonal and
multi-zonal cadres which fall entirely in one of the successor States,
shall be deemed to be allotted to that successor State.
Provided also that if a particular zone or multi-zone falls in both
the successor States, then the employees of such zonal or multizonal
cadre shall be finally allotted to one or the other successor
States in terms of the provisions of this sub-section.
(3) Every person who is finally allotted under the provisions of subsection
(2) to a successor State shall, if he is not already serving
therein, be made available for serving in the successor State from
such date as may be agreed upon between the Governments of the
successor States or, in default of such agreement, as may be
determined by the Central Government:
Provided that the Central Government shall have the power to
review any of its orders issued under this section.
78. (1) Nothing in this section or in section 77 shall be deemed to
affect, on or after the appointed day, the operation of the provisions
of Chapter 1 of Part XIV of the Constitution in relation to
determination of the conditions of service of persons serving in
connection with the affairs of the Union or any State:
Other provisions
relating to services.
Provided that the conditions of service applicable immediately
before the appointed day in the case of any person deemed to have
been allocated to the State of Andhra Pradesh or to the State of
Telangana under section 77 shall not be varied to his disadvantage
except with the previous approval of the Central Government.
(2) All services prior to the appointed day rendered by a person,-
(a) if he is deemed to have been allocated to any State under
section 77, shall be deemed to have been rendered in connection
with the affairs of that State;
(b) if he is deemed to have been allocated to the Union in
connection with the administration of the successor State of
Telangana, shall be deemed to have been rendered in connection
with the affairs of the Union,
for the purposes of the rules regulating his conditions of service.
(3) The provisions of section 77 shall not apply in relation to
members of any All-India Service.
30
79. (1) Every person who, immediately before the appointed day, is
holding or discharging the duties of any post or office in connection
with the affairs of the existing State of Andhra Pradesh in any area
which on that day falls within one of the successor States shall
continue to hold the same post or office in that successor State, and
shall be deemed, on and from that day, to have been duly appointed
to the post or office by the Government of, or other appropriate
authority in, that successor State:
Provisions as to
continuance of
officers in same
post.
Provided that nothing in this section shall be deemed to prevent
a competent authority, on and from the appointed day, from passing
in relation to such person any order affecting the continuance in
such post or office:
80. (1) The Central Government may, by order, establish one or
more Advisory Committees, within a period of thirty days from the
date of enactment of the Andhra Pradesh Reorganisation Act, 2013,
for the purpose of assisting it in regard to––
Advisory
committees.
(a) the discharge of any of its functions under this Part; and
(b) the ensuring of fair and equitable treatment to all persons
affected by the provisions of this Part and the proper consideration
of any representations made by such persons.
(2) The allocation guidelines shall be issued by the Central
Government on or after the date of enactment of the Andhra
Pradesh Reorganisation Act, 2013 and the actual allocation of
individual employees shall be made by the Central Government on
the recommendations of the Advisory Committee.
81. The Central Government may give such directions to the State
Government of Andhra Pradesh and the State Government of
Telangana as may appear to it to be necessary for the purpose of
giving effect to the foregoing provisions of this Part and the State
Governments shall comply with such directions.
Power of
Central
Government to
give directions.
82. On and from the appointed day, the employees of State Public
Sector Undertakings, corporations and other autonomous bodies
shall continue to function in such undertaking, corporation or
autonomous bodies for a period of one year and during this period
the corporate body concerned shall determine the modalities for
distributing the personnel between the two successor States.
Provision for
employees of
Public Sector
Undertakings, etc.
83. (1) The Public Service Commission for the existing State of
Andhra Pradesh shall, on and from the appointed day, be the Public
Service Commission for the State of Andhra Pradesh.
Provisions as
to State Public
Service
Commission.
(2) Until a Public Service Commission is constituted in accordance
with article 315 of the Constitution by the successor State of
Telangana, the Union Public Service Commission may, with the
31
approval of the President, agree to serve the needs of the State of
Telangana in terms clause (4) of that article.
(3) The persons holding office immediately before the appointed
day as the Chairman or other member of the Public Service
Commission for the existing State of Andhra Pradesh shall, as from
the appointed day, be the Chairman or, as the case may be, the other
member of the Public Service Commission for the State of Andhra
Pradesh.
(4) Every person who becomes the Chairman or other member of
the Public Service Commission for the State of Andhra Pradesh on
the appointed day under sub-section (3) shall––
(a) be entitled to receive from the Government of the State of
Andhra Pradesh conditions of service not less favourable than
those to which he was entitled under the provisions applicable to
him;
(b) subject to the proviso to clause (2) of article 316, hold
office or continue to hold office until the expiration of his term of
office as determined under the provisions applicable to him
immediately before the appointed day.
(5) The report of the Andhra Pradesh Public Service Commission as
to the work done by the Commission in respect of any period prior
to the appointed day shall be presented under clause (2) of article
323 to the Governors of the States of Andhra Pradesh and
Telangana and the Governor of the State of Andhra Pradesh shall,
on receipt of such report, cause a copy thereof together with a
memorandum explaining as far as possible, as respects the cases, if
any, where the advice of the Commission was not accepted, the
reasons for such non-acceptance to be laid before the Legislature of
the State of Andhra Pradesh and it shall not be necessary to cause
such report or any such memorandum to be laid before the
Legislative Assembly of the State of Telangana.
PART IX
MANAGEMENT AND DEVELOPMENT OF WATER
RESOURCES
84. (1) The Central Government shall, on and from the appointed
day, constitute an Apex Council for the supervision of the
functioning of the Godavari River Management Board and Krishna
River Management Board.
Apex Council for
Godavari and
Krishna river water
resources and their
Management
Boards.
(2) The Apex Council shall consist of–––
32
(a) Minister of Water Resources,
Government of India – Chairperson;
(b) Chief Minister of State of Andhra Pradesh – Member;
(c) Chief Minister of State of Telangana – Member.
(3) The functions of the Apex Council shall include––
(i) supervision of the functioning of the Godavari River
Management Board and Krishna River Management Board;
(ii) planning and approval of proposals for construction of new
projects, if any, based on Godavari or Krishna river water, after
getting the proposal appraised and recommended by the River
Management Boards and by the Central Water Commission,
whereever required;
(iii)resolution of any dispute amicably arising out of the sharing
of river waters through negotiations and mutual agreement
between the successor States;
(iv)reference of any disputes not covered under Krishna Water
Disputes Tribunal, to a Tribunal to be constituted under the Inter-
State River Water Disputes Act, 1956.
33 of 1956.
85. (1) The Central Government shall constitute two separate
Boards to be called the Godavari River Management Board and
Krishna River Management Board (to be known as the Board),
within a period of sixty days from the appointed day, for the
administration, regulation, maintenance and operation of such
projects, as may be notified by the Central Government from time to
time.
Constitution and
functions of River
Management
Board.
(2) The headquarters of Godavari River Management Board shall be
located in the successor State of Telangana and of the Krishna River
Management Board shall be located in the successor State of
Andhra Pradesh.
(3) The Godavari River Management Board and Krishna River
Management Board shall be autonomous bodies under the
administrative control of the Central Government, and shall comply
with such directions as may, from time to time, be given to them by
the Central Government.
(4)Each Board shall consist of the following Chairperson and
Members, namely:––
(a) a Chairperson not below the rank or level of Secretary or
Additional Secretary to the Government of India to be appointed
by the Central Government;
33
(b) two members, to be nominated by each of the successor
States, of which one shall be the technical member not below the
rank of Chief Engineer and the other administrative member to
represent the concerned States;
(c) one expert to be nominated by the Central Government.
(5) Each Board shall have a full-time Member Secretary, not below
the rank of Chief Engineer in the Central Water Commission, to be
appointed by the Central Government.
(6) The Central Government shall create such number of posts of
the rank of Chief Engineer in the Central Water Commission, as it
considers necessary.
(7) Each Board shall be assisted in the day to day management of
reservoirs by the Central Industrial Security Force constituted under
the Central Industrial Security Force Act, 1968, on such terms and
conditions as the Central Government may specify.
50 of 1968.
(8) The functions of each Board shall include––
(a) the regulation of supply of water from the projects to the
successor States having regard to ––
(i) awards granted by the Tribunals constituted under the
Inter-State River Water Disputes Act, 1956;
33 of 1956.
(ii) any agreement entered into or arrangement made
covering the Government of existing State of Andhra Pradesh
and any other State or Union territory, and
(b) the regulation of supply of power generated to the authority
in-charge of the distribution of power having regard to any
agreement entered into or arrangement made covering the
Government of the existing State of Andhra Pradesh and any other
State or Union territory, and
(c) the construction of such of the remaining on-going or new
works connected with the development of the water resources
projects relating to the rivers or their tributaries through the
successor States as the Central Government may specify by
notification in the Official Gazette;
(d) making an appraisal of any proposal for construction of
new projects on Godavari or Krishna rivers and giving technical
clearance, after satisfying that such projects do not negatively
impact the availability of water as per the awards of the Tribunals
constituted under the Inter-State River Water Disputes Act, 1956
for the projects already completed or taken up before the
appointed day.
33 of 1956.
34
(e) such other functions as the Central Government may
entrust to it on the basis of the principles specified in the Eleventh
Schedule.
86. (1) The Board shall employ such staff as it may consider
necessary for the efficient discharge of its functions under this Act
and such staff shall, at the first instance, be appointed on deputation
from the successor States in equal proportion and absorbed
permanently in the Board.
Staff of the
Management
Board.
(2) The Government of the successor States shall at all times
provide the necessary funds to the Board to meet all expenses
(including the salaries and allowances of the staff) required for the
discharge of its functions and such amounts shall be apportioned
between the States concerned in such proportion as the Central
Government may, having regard to the benefits to each of the said
States, specify.
(3) The Board may delegate such of its powers, functions and duties
as it may deem fit to the Chairman of the said Board or to any
officer subordinate to the Board.
(4) The Central Government may, for the purpose of enabling the
Board to function efficiently, issue such directions to the State
Governments concerned, or any other authority, and the State
Governments, or the other authority, shall comply with such
directions.
33 of 1956.
87. (1) The Board shall ordinarily exercise jurisdiction on Godavari
and Krishna rivers in regard to any of the projects over headworks
(barrages, dams, reservoirs, regulating structures), part of canal
network and transmission lines necessary to deliver water or power
to the States concerned, as may be notified by the Central
Government, having regard to the awards, if any, made by the
Tribunals constituted under the Inter-State River Water Disputes
Act, 1956.
Jurisdiction of
Board.
(2) If any question arises as to whether the Board has jurisdiction
under sub-section (1) over any project referred thereto, the same
shall be referred to the Central Government for decision thereon.
88. The Board may make regulations consistent with the Act and the
rules made thereunder, to provide for-
Power of
Board to make
regulations.
(a) regulating the time and place of meetings of the Board and
the procedure to be followed for the transaction of business at
such meetings;
(b) delegation of powers and duties of the Chairman or any
officer of the Board;
35
(c) the appointment and regulation of the conditions of service
of the officers and other staff of the Board;
(d) any other matter for which regulations are considered
necessary by the Board.
89. (1) The term of the Krishna Water Disputes Tribunal shall be
extended with the following terms of reference, namely:––
Allocation of
water
resources.
(a) shall make project-wise specific allocation, if such
allocation have not been made by a Tribunal constituted under the
Inter-State River Water Disputes Act, 1956;
(b) shall determine an operational protocol for project-wise
release of water in the event of deficit flows.
Explanation.–– For the purposes of this section, it is clarified
that the project specific awards already made by the Tribunal on or
before the appointed day shall be binding on the successor States.
90. (1) The Polavaram Irrigation Project is hereby declared to be a
national project.
Polavaram Irrigation
Project to be a
national project.
(2) It is hereby declared that it is expedient in the public interest that
the Union should take under its control the regulation and
development of the Polavaram Irrigation Project for the purposes of
irrigation.
(3) The Central Government shall execute the project in
consultation with the Governments of the two successor States
following all environmental, forests, and rehabilitation and
resettlement norms.
91. (1) The Governments of the successor States of Andhra Pradesh
and Telangana shall replace the existing State of Andhra Pradesh on
the Tungabhadra Board.
Arrangements on
Tungabhadra Board.
(2) The Tungabhadra Board shall continue to monitor the release of
water to High Level Canal, Low Level Canal and Rajolibanda
Diversion Scheme.
PART X
INFRASTRUCTURE AND SPECIAL ECONOMIC MEASURES
92. The principles, guidelines, directions and orders issued by the
Central Government, on and from the appointed day, on matters
relating to coal, oil and natural gas, and power generation,
transmission and distribution as enumerated in the Twelfth Schedule
shall be implemented by the successor States.
Successor States to
follow principles,
guidelines, etc.
Issued by Central
Government.
36
93. The Central Government shall take all necessary measures as
enumerated in the Thirteenth Schedule for the progress and
sustainable development of the successor States.
Measures for
progress and
development of
successor States.
94. (1)The Central Government shall take appropriate fiscal
measures, including offer of tax incentives, to the successor States,
to promote industrialisation and economic growth in both the States.
Fiscal measures
including tax
incentives.
(2) The Central Government shall support the programmes for the
development of backward areas in the successor States, including
expansion of physical and social infrastructure.
(3) The Central Government shall provide special financial support
for the creation of essential facilities in the new capital of the
successor State of Andhra Pradesh including the Raj Bhawan, High
Court, Government Secretariat, Legislative Assembly, Legislative
Council, and such other essential infrastructure.
(4) The Central Government shall facilitate the creation of a new
capital for the successor State of Andhra Pradesh, if considered
necessary, by denotifying degraded forest land.
PART XI
ACCESS TO HIGHER EDUCATION
95. In order to ensure equal opportunities for quality higher
education to all students in the successor States, the existing
admission quotas in all government or private, aided or unaided,
institutions of higher, technical and medical education shall
continue for a period not exceeding ten years during which the
existing common admission process shall continue.
Equal opportunities
for quality higher
education to all
students.
PART XII
LEGAL AND MISCELLANEOUS PROVISIONS
96. In sub-clause (a) of clause (1) of article 168 of the Constitution,
for the word “Tamil Nadu”, the words “Tamil Nadu, Telangana”
shall be substituted.
Amendment of
article 168 of the
Constitution.
97. (1) On and from the appointed day, in article 371D of the
Constitution,––
Amendment of
article 371D of the
Constitution.
(a) in the marginal heading, for the words “the State of
Andhra Pradesh”, the words “the State of Andhra Pradesh or the
State of Telangana” shall be substituted, namely:––
(b) for clause (1), the following clause shall be substituted,
namely:––
37
“(1) The President may by order made with respect to the State of
Andhra Pradesh or the State of Telangana, provide, having regard to
the requirement of each State, for equitable opportunities and
facilities for the people belonging to different parts of such State, in
the matter of public employment and in the matter of education, and
different provisions may be made for various parts of the States.”;
(c) in clause (3), for the words “the State of Andhra
Pradesh”, the words “the State of Andhra Pradesh and for the
State of Telangana” shall be substituted.
16 of 2010.
98. In section 15A of the Representation of the People Act, 1951,
after the words and figures “under the Tamil Nadu Legislative
Council Act, 2010”, the words and figures “and constituting the
Legislative Council of the State of Telangana under the Andhra
Pradesh Reorganisation Act, 2013” shall be inserted.
Amendment of
section 15A of Act
43 of 1951.
99. On and from the appointed day, in section 15 of the States
Reorganisation Act, 1956, in clause (b), for the words “Andhra
Pradesh “, the words “Andhra Pradesh and Telangana” shall be
substituted.
Amendment of
section 15 of Act 37
of 1956.
Andhra
Pradesh Act
No. 1 of
1973.
100. The provisions of Part II shall not be deemed to have affected
any change in the territories to which the Andhra Pradesh Land
Reforms (Ceiling on Agricultural Holdings) Act, 1973 and any
other law in force immediately before the appointed day extends or
applies, and territorial references in any such law to the State of
Andhra Pradesh shall, until otherwise provided by a competent
Legislature or other competent authority be construed as meaning
the territories within the existing State of Andhra Pradesh before the
appointed day.
Territorial extent of
laws.
101. For the purpose of facilitating the application in relation to the
State of Andhra Pradesh or the State of Telangana of any law made
before the appointed day, the appropriate Government may, before
the expiration of two years 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.
Power to adapt laws.
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 in its application to a State, the State
Government.
102. Notwithstanding that no provision or insufficient provision has
been made under section 101 for the adaptation of a law made
before the appointed day, any court, tribunal or authority, required
Power to construe
laws.
38
or empowered to enforce such law may, for the purpose of
facilitating its application in relation to the State of Andhra Pradesh
or the State of Telangana, 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.
103. The Government of the State of Telangana, 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.
Power to name
authorities, etc. for
exercising statutory
functions.
104. Where, immediately before the appointed day, the existing
State of Andhra Pradesh is a party to any legal proceedings with
respect to any property, rights or liabilities subject to apportionment
between the States of Andhra Pradesh and Telangana under this
Act, the State of Andhra Pradesh or the State of Telangana 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 existing State of Andhra Pradesh or added as a
party to those proceedings, and the proceedings may continue
accordingly.
Legal proceedings.
105.(1) Every proceeding pending immediately before the appointed
day before a court (other than High Court), tribunal, authority or
officer in any area which on that day falls within the State of
Andhra Pradesh shall, if it is a proceeding relating exclusively to the
territory, which as from that day are the territories of the State of
Telangana, stand transferred to the corresponding court, tribunal,
authority or officer of that State.
Transfer of pending
proceedings.
(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 Hyderabad 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 Telangana means––
(i) the court, tribunal, authority or officer in which, or
before whom, the proceeding would have laid 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 the Central
39
Government, as the case may be, or before the appointed day
by the Government of the existing State of Andhra Pradesh to
be the corresponding court, tribunal, authority or officer.
106. Any person who, immediately before the appointed day, is
enrolled as a pleader entitled to practise in any subordinate court in
the existing State of Andhra Pradesh 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
Telangana.
Right of
pleaders to
practise in
certain cases.
107. The provisions of this Act shall have effect notwithstanding
anything inconsistent therewith contained in any other law.
Effect of
provisions of
the Act
inconsistent
with other
laws.
108. (1) 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 difficulty:
Power to
remove
difficulties.
Provided that no such order shall be made after the expiry of a
period of three years from the appointed day.
(2) Every order made under this section shall be laid before each
House of Parliament.
THE FIRST SCHEDULE
(See section 12)
(i) Of the five sitting members whose term of office will expire on 9th April, 2014,
namely, Shri T. Subbarami Reddy, Shri Nandi Yellaiah, Shri Mohammed Ali Khan, Smt. T.
Ratna Bai and Shri K.V.P. Ramachandra Rao, such two as the Chairman of the Council of
States may determine by drawing lots shall be deemed to have been elected to fill two of the
seven seats allotted to the State of Telangana and the other three sitting members shall be
deemed to have been elected to fill three of the eleven seats allotted to the State of Andhra
Pradesh.
(ii) Of the six sitting members whose term of office will expire on 21st June, 2016,
namely, Shri Jesudasu Seelam, Shri Jairam Ramesh, Shri N. Janardhana Reddy, Shri V.
Hanumantha Rao, Smt. Gundu Sudharani and Shri Y.S. Chowdary, such two as the Chairman
of the Council of States may determine by drawing lots shall be deemed to have been elected
to fill two of the seats allotted to the State of Telangana and the other four sitting members
shall be deemed to have been elected to fill four of the seats allotted to the State of Andhra
Pradesh.
40
(iii) Of the six sitting Members representing the State of Andhra Pradesh whose term of
office will expire on 2nd April, 2018, namely, Shri Ananda Baskar Rapolu, Shri K.
Chiranjeevi, Shri Palvai Govardhana Reddy, Smt. Renuka Chowdhury, Shri T. Devender
Goud and Shri C.M. Ramesh, such three as the Chairman of the Council of States may
determine by drawing lots shall be deemed to have been elected to fill three of the seats
allotted to the State of Telangana the other three sitting members shall be deemed to have
been elected to fill the three of the seats allotted to the State of Andhra Pradesh.
(iv) The term of one seat which is to expire on 9th April, 2014 and has become vacant
due to resignation of Shri Nandamuri Harikrishna on 22nd August, 2013, shall be allotted to
the State of Andhra Pradesh.
THE SECOND SCHEDULE
(See section 14)
AMENDMENTS TO THE DELIMITATION OF PARLIAMENTARY AND
ASSEMBLY CONSTITUENCIES ORDER, 2008
In the Delimitation of Parliamentary and Assembly Constituency Order, 2008,––
1. In Schedule III,-
(i) in Table A relating to Assembly Constituencies, serial numbers 1 to 119 (both
inclusive) and the entries relating thereto shall be omitted;
(ii) in Table B relating to Parliamentary Constituencies, serial numbers 1 to17
(both inclusive) and the entries relating thereto shall be omitted.
2. After Schedule XXVI, the following shall be inserted, namely:-
“SCHEDULE – XXVIA
41
TELANGANA
TABLE A – ASSEMBLY CONSTITUENCIES
Serial No. and Name Extent of Assembly Constituencies
The detailed particulars regarding the name and extent of the constituencies in each of
the districts in the State of Telangana shall be as delimited by the Election Commission.
TABLE B – PARLIAMENTARY CONSTITUENCIES
Serial No. and Name Extent of Parliamentary Constituencies
1-ADILABAD (ST) 1-Sirpur, 5-Asifabad (ST), 6-Khanapur (ST), 7-Adilabad, 8-
Boath (ST), 9-Nirmal and 10-Mudhole.
2-PEDDAPALLE (SC) 2 Chennur (SC), 3 Bellampalle (SC), 4 Mancherial,
22 Dharmapuri, 23 Ramagundam, 24 Manthani and 25
Peddapalle.
3-KARIMNAGAR 26-Karimnagar, 27-Choppadandi (SC), 28-Vemulawada, 29-
Sircilla, 30-Manakondur (SC), 31-Huzurabad and 32 –
Husnabad.
4-NIZAMABAD 1-Armur, 2- Bodhan, 17-Nizamabad (Urban), 18- Nizamabad
(Rural), 19 -Balkonda, 20 -Koratla and 21-Jagtial.
5-ZAHIRABAD 13 Jukkal (SC), 14 Banswada, 15 Yellareddy,
16 Kamareddy, 35 Narayankhed,36 Andole (SC) and
38 Zahirabad (SC).
6-MEDAK 33-Siddipet, 34-Medak, 37-Narsapur, 39-Sangareddy, 40-
Patancheru, 41-Dubbak and 42 -Gajwel.
7-MALKAJGIRI 43- Medchal, 44 -Malkajgiri, 45-Qutbullapur, 46 -Kukatpalle,
47-Uppal, 49-Lal Bahadur Nagar and 71-Secunderabad Cantt.
(SC).
8- SECUNDERABAD 57 Musheerabad, 59 Amberpet, 60 Khairatabad,
61 Jubilee Hills, 62 Sanathnagar, 63 Nampally and 70
Secunderabad.
9-HYDERABAD 58-Malakpet, 64-Karwan, 65-Goshamahal, 66-Charminar, 67-
Chandrayangutta, 68-Yakutpura and 69-Bahadurpura.
10-CHEVELLA 50-Maheswaram, 51-Rajendranagar, 52-Serilingampally, 53-
Chevella (SC), 54-Pargi, 55-Vicarabad (SC) and 56-Tandur.
11- MAHBUBNAGAR 72-Kodangal, 73- Narayanpet, 74-Mahbubnagar, 75-Jadcherla,
76 -Devarkadra, 77 -Makthal and 84- Shadnagar.
42
12-NAGARKURNOOL
(SC)
78 Wanaparthy, 79 Gadwal, 80 Alampur (SC),
81 Nagarkurnool, 82 Achampet (SC), 83 Kalwakurthy
and 85 Kollapur.
13-NALGONDA 86-Devarakonda(ST), 87-Nagarjuna Sagar, 88- Miryalaguda,
89- Huzurnagar, 90-Kodad, 91-Suryapet and 92-Nalgonda.
14-BHONGIR 48 Ibrahimpatnam, 93 Munugode, 94 Bhongir,
95 Nakrekal (SC), 96 Thungathurthi (SC), 97 Alair
and 98 Jangoan.
15-WARANGAL(SC) 99-Ghanpur (Station) (SC), 100-Palakurthi, 104-Parkal, 105-
Warangal West, 106-Warangal East, 107-Wardhannapet (SC)
and 108-Bhupalpalle.
16-MAHABUBABAD
(ST)
101 Dornakal (ST), 102 Mahabubabad (ST), 103 Narsampet,
109 Mulug (ST), 110 Pinapaka (ST), 111 Yellandu (ST) and
119 Bhadrachalam (ST).
17-KHAMMAM 112-Khammam, 113-Palair, 114-Madhira (SC), 115-Wyra
(ST), 116- Sathupalle (SC), 117-Kothagudem and 118-
Aswaraopeta (ST).”.
THE THIRD SCHEDULE.
(See section 24)
MODIFICATION IN THE DELIMITATION OF COUNCIL CONSTITUENCIES
(ANDHRA PRADESH) ORDER, 2006
For the Table appended to the Delimitation of Council Constituencies (Andhra Pradesh)
Order, 2006, the following Table shall be substituted, namely:––
“TABLE
Name of Constituency Extent of Constituency Number of
seats
Local Authorities’ Constituencies
(1) (2) (3)
1.Srikakulam Local Authorities Srikakulam 1
2. Vizianagaram Local Authorities Vizianagaram 1
43
3. Visakhapatnam Local Authorities Visakhapatnam 2
4. East Godavari Local Authorities East Godavari 2
5. West Godavari Local Authorities West Godavari 2
6. Krishna Local Authorities Krishna 2
7. Guntur Local Authorities Guntur 2
8. Prakasam Local Authorities Prakasam 1
9. Nellore Local Authorities Nellore 1
10. Chittoor Local Authorities Chittoor 2
11. Kadapa Local Authorities Kadapa 1
Graduates’ Constituencies
1. Srikakulam-Vizianagaram-
Visakhapatnam Graduate
Srikakulam, Vizianagaram,
Visakhapatnam
1
2. East-West Godavari Graduates East-West Godavari 1
3. Krishna-Guntur Graduates Krishna-Guntur 1
4. Prakasam-Nellore-Chittoor
Graduates
Prakasam-Nellore-Chittor 1
5. Kadapa-Anantapur-Kurnool
Graduates
Kadapa-Anantapur-Kurnool 1
Teacher’s Constituencies
1. Srikakulam-Vazianagaram-
Visakhapatnam Teachers
Srikakulam, Vizianagaram,
Visakhapatnam
1
2. East-West Godavari Teachers East-West Godavari 1
3. Krishna-Guntur Teachers Krishna-Guntur 1
4. Prakasam-Nellore-Chittoor
Teachers
Prakasam-Nellore-Chittoor 1
5. Kadapa-Anantapur-Kurnool
Teachers
Kadapa-Anantapur-Kurnool 1
44
THE FOURTH SCHEDULE
[See section 22 (2)]
List of members of the provisional Legislative Council of successor States of Andhra
Pradesh and Telangana :-
Provisional Legislative Council of Andhra Pradesh:
Members of Local Authorities Constituencies:
1) Ilapuram Venkaiah, 2) Pothula Rama Rao, 3) D.V. Suryanarayana Raju, 4) Narayana
Reddy Chadipiralla, 5) Boddu Bhaskara Ramarao, 6) Angara Ramamohan, 7) Dr. Desai
Thippa Reddy, M.S., 8) Meka Seshu Babu, 9) Peerukatla Viswa Prasada Rao, 10) Narayana
Reddy Vakati, 11) Mettu Govinda Reddy.
Members of Graduates’ Constituencies:
45
1) Boddu Nageswara Rao, 2) Kalidindi Ravi Kiran Varma, 3) M.V.S. Sarma, 4) Yandapalli
Srinivasulu Reddy, 5) Dr. Geyanand M.
Members of Teachers’ Constituencies
1) Gade Srinivasulu Naidu, 2) K.V.V. Satyanarayana Raju, 3) K.S. Lakshmana Rao, 4)
Balasubrahmanyam Vitapu.
Nominated Members
1) Jupudi Prabhakar Rao, 2) Balashali Indira, 3) Dr. A. Chakrapani, 4) R. Reddeppa Reddy,
5) Shaik Hussain.
Members elected from Legislative Assembly Constituencies
1) K. Veerabhadra Swamy, 2) A. Lakshmi Siva Kumari, 3) R. Padma Raju, 4) Paladugu
Venkata Rao, 5) Mohammad Jani, 6) N. Rajakumari, 7) Y. Ramakrishnudu, 8) S. Basava
Punnaiah, 9) A. Appa Rao, 10) P.J. Chandrasekhara Rao, 11) B. Changal Rayudu, 12) P.
Samanthakamani, 13) C. Ramachandraiah, 14) S.V. Satish Kumar Reddy, 15) G.Thippe
Swamy, 16) M.Sudhakar Babu.
Provisional Legislative Council of Telangana:
Members of Local Authorities Constituencies
1) Nethi Vidya Sagar, 2) V. Bhoopal Reddy, 3) Arikala Narsa Reddy, 4) Potla Nageswar Rao,
5) T. Bhanu Prasad Rao, 6) S. Jagadeeshwar Reddy, 7) Sri M.S. Prabhakar Rao, 8) Sri
Patnam Narender Reddy, 9) Syed Aminul Hasan Jafri.
Members of Graduates’ Constituencies:
1) Dr. K. Nageshwar, 2) Kapilavai Dileep Kumar, 3) K. Swamy Goud.
Members of Teachers’ Constituencies
1) Pathuri Sudhakar Reddy, 2) Poola Ravinder, 3) Katepally Janardhan Reddy.
Nominated Members
1) D. Rajeshwar Rao, 2) Farooq Hussain, 3) B. Venkata Rao.
Elected by Members of Legislative Assembly
1) K.R. Amos, 2) Mohammad Ali Shabbir, 3) K. Yadava Reddy, 4) V. Gangadhar Goud, 5)
T. Santosh Kumar, 6) N. Rajalingam, 7) D. Srinivas, 8) M. Ranga Reddy, 9) P. Sudhakar
Reddy, 10) B. Lakshmi Narayana, 11) Mohammad Saleem, 12) B. Venkateswarlu, 13) Peer
Shabbir Ahmed, 14) Mohammad Mahmood Ali, 15) Syed Altaf Hyder Razvi.
46
THE FIFTH SCHEDULE
(See section 28)
In the Constitution (Scheduled Castes) Order, 1950,––
(1) in paragraph 2, for the figures “XXIV”, the figures “XXV” shall be substituted;
(2) in the Schedule,––
(a) in PART I relating to Andhra Pradesh, item number 9, shall be omitted;
(b) after Part XXIV, the following Part shall be inserted, namely:––
“PART XXV.––Telangana
1. Adi Andhra
2. Adi Dravida
3. Anamuk
4. Aray Mala
5. Arundhatiya
47
6. Arwa Mala
7. Bariki
8. Bavuri
9. Beda (Budga) Jangam
10. Bindla
11. Byagara, Byagari
12. Chachati
13. Chalavadi
14. Chamar, Mochi, Muchi, Chamar-Ravidas, Chamar-Rohidas
15. Chambhar
16. Chandala
17. Dakkal, Dokkalwar
18. Dandasi
19. Dhor
20. Dom, Dombara, Paidi, Pano
21. Ellamalawar, Yellammalawandlu
22. Ghasi, Haddi, Relli, Chanchandi
23. Godari
24. Gosangi
25. Holeya
26. Holeya Dasari
27. Jaggali
28. Jambuvulu
29. Kolupulvandlu, Pambada, Pambanda, Pambala
30. Madasi Kuruva, Madari Kuruva
31. Madiga
32. Madiga Dasu, Mashteen
33. Mahar
34. Mala, Mala Ayawaru
35. Mala Dasari
36. Mala Dasu
37. Mala Hannai
38. Malajangam
39. Mala Masti
40. Mala Sale, Nethani
41. Mala Sanyasi
42. Mang
43. Mang Garodi
44. Manne
45. Mashti
46. Matangi
47. Mehtar
48. Mitha Ayyalvar
49. Mundala
50. Paky, Moti, Thoti
51. Pamidi
52. Panchama, Pariah
53. Relli
54. Samagara
55. Samban
48
56. Sapru
57. Sindhollu, Chindollu
58. Yatala
59. Valluvan.”.
THE SIXTH SCHEDULE
(See section 29)
AMENDMENTS TO THE CONSTITUTION (SCHEDULED TRIBES) ORDER, 1950
In the Constitution (Scheduled Tribes) Order, 1950,––
(1) in paragraph 2, for the figures “XXII”, the figures “XXIII” shall be substituted;
(2) in the Schedule,––
(a) in PART I relating to Andhra Pradesh,––
(i) in item number 20, the brackets and words “(excluding Adilabad,
Hyderabad, Karimnagar, Khammam, Mahbubnagar, Medak, Nalgonda,
Nizamabad and Warangal districts)” shall be omitted;
(ii) item number 30 and the entries relating thereto shall be omitted;
49
(b) after Part XXIV, the following Part shall be inserted, namely:––
“PART XXV.––Telangana
1. Andh, Sadhu Andh
2. Bagata
3. Bhil
4. Chenchu
5. Gadabas, Bodo Gadaba, Gutob Gadaba, Kallayi Gadaba, Parangi Gadaba,
Kathera Gadaba, Kapu Gadaba
6. Gond, Naikpod, Rajgond, Koitur
7. Goudu (in the Agency tracts)
8. Hill Reddis
9. Jatapus
10. Kammara
11. Kattunayakan
12. Kolam, Kolawar
13. Konda Dhoras, Kubi
14. Konda Kapus
15. Kondareddis
16. Kondhs, Kodi, Kodhu, Desaya Kondhs, Dongria Kondhs, Kuttiya Kondhs,
Tikiria Kondhs, Yenity Kondhs, Kuvinga
17. Kotia, Bentho Oriya, Bartika, Dulia, Holya, Sanrona, Sidhopaiko
18. Koya, Doli Koya, Gutta Koya, Kammara Koya, Musara Koya, Oddi Koya,
Pattidi Koya, Rajah, Rasha Koya, Lingadhari Koya (ordinary), Kottu Koya,
Bhine Koya, Rajkoya
19. Kulia
20. Malis (Rangareddi Adilabad, Hyderabad, Karimnagar, Khammam,
Mahbubnagar, Medak, Nalgonda, Nizamabad and Warangal districts)
21. Manna Dhora
22. Mukha Dhora, Nooka Dhora
23. Nayaks (in the Agency tracts)
24. Pardhan
25. Porja, Parangiperja
26. Reddi Dhoras
27. Rona, Rena
28. Savaras, Kapu Savaras, Maliya Savaras, Khutto Savaras
29. Sugalis, Lambadis, Banjara
30. Thoti (in Adilabad, Hyderabad, Karimnagar, Khammam, Mahbubnagar,
Medak, Nalgonda, Nizamabad and Warangal districts)
31. Yenadis, Chella Yenadi, Kappala Yenadi, Manchi Yenadi, Reddi Yenadi
32. Yerukulas, Koracha, Dabba Yerukula, Kunchapuri Yerukula, Uppu
Yerukula
33. Nakkala, Kurvikaran”.
50
THE SEVENTH SCHEDULE
(See section 52)
LIST OF FUNDS
1. Depreciation Reserve Funds – Government commercial Departments and
Undertakings–
(i) Alcohol Factory, Narayanaguda;
(ii) Alcohol Factory, Kamareddy;
(iii) Andhra Pradesh Text book Press;
(iv) Government Distillery, Chagallu;
(v) Government Ceramic Factory, Gudur;
(vi) Government Block Glass Factory, Gudur.
2. Natural Calamities Unspent Margin Money fund.
3. Employees Welfare Fund (Andhra Pradesh State).
51
4. State Disaster Response Fund.
5. Development Funds for Educational Purposes.
6. Development Funds for Agricultural Purposes.
7. Industrial Development Funds ––
(i) Hyderabad Industrial Research and Development Fund;
(ii) Reserve Fund for Protection of Sugar Industries;
(iii) Sericulture Development Fund.
8. Electricity Development Funds – Special Reserve Fund – Electricity.
9. Other Development and Welfare Funds ––
(i) Funds for Development Schemes;
(ii) Industrial Plantation Fund;
(iii) Andhra Pradesh State Distilleries;
(iv) Andhra Pradesh Distilleries Pollution Control;
(v) State Renewal Fund;
(vi) Andhra Pradesh Rural Development Fund;
(vii) Corpus Fund for upgradation for Public Libraries.
10. Zamindari Abolition Fund.
11. Religious Charitable Endowment Funds.
12. Ethyl Alcohol Storage Facilities Fund.
13. Guarantee Redemption fund – Investment Account.
14. K. G. and Pennar Drainage Cess Fund.
15. Security Adjustment Reserve.
16. C. M. Relief Fund.
17. Municipal Environmental Scheme Fund.
18. Zilla Praja Parishad Funds.
19. Andhra Pradesh Class IV Government Servants Family Pension Fund.
20. Andhra Pradesh State Employees Family Benefit Fund.
21. Sinking Fund – Investment Account.
22. Contributory Provident Fund Work – charged 50 per cent. N.R.S.
23. All India Service Provident Fund.
24. Subvensions from Central Road Fund.
25. National Calamity Contingency Fund.
26. Deposits of Police Funds.
27. Farmers Association Reserve Fund.
28. Deposits of Andhra Pradesh Social Welfare Fund.
52
29. Development of Mineral Resources and Technology Upgradation Fund.
30. Village Panchayat Funds.
31. Mandala Praja Parishad Funds.
32. Market Committee Funds.
33. Deposits of Zilla Praja Parishads out of Provident Fund contribution.
34. Thrift Fund cum Savings and Security Schemes for Weavers.
35. General Provident Fund (Regular).
36. Andhra Pradesh State Government Life Insurance Fund.
37. Andhra Pradesh Crop Insurance Fund.
38. State Agriculture Credit Stabilisation Fund.
39. State Market Interaction Fund.
40. Deposits of Andhra Pradesh Urban Infrastructure Fund.
41. Greater Hyderabad Municipal Corporation Fund.
THE EIGHTH SCHEDULE
(See section 59)
APPORTIONMENT OF LIABILITY IN RESPECT OF PENSIONS
1. Subject to the adjustments mentioned in paragraph 3, each of the successor States shall, in
respect of pensions granted before the appointed day by the existing State of Andhra Pradesh,
pay the pensions drawn in its treasuries.
2. Subject to the said adjustments, the liability in respect of pensions of officers serving in
connection with the affairs of the existing State of Andhra Pradesh who retire or proceed on
leave preparatory to retirement before the appointed day, but whose claims for pensions are
outstanding immediately before that day, shall be the liability of the State of Andhra Pradesh.
3. There shall be computed, in respect of the period commencing on the appointed day and
ending on such date after the appointed day, as may be fixed by the Central Government and in
respect of each subsequent financial year, the total payments made to the two successor States in
respect of pensions referred to in paragraphs 1 and 2. The total representing the liability of the
53
existing State of Andhra Pradesh in respect of pensions and other retirement benefits shall be
apportioned between the successor States on the basis of population ratio and any successor
State paying more than its due share shall be reimbursed the excess amount by the other
successor State paying less.
4. The liability of the existing State of Andhra Pradesh in respect of pension rolls granted
before the appointed day and drawn in any area outside the territories of the existing State shall
be the liability of the State of Andhra Pradesh subject to adjustments to be made in accordance
with paragraph 3 as if such pensions had been drawn in any treasury in the State of Andhra
Pradesh under paragraph 1.
5. (1) The liability in respect of the pension of any officer serving immediately before the
appointed day in connection with the affairs of the existing State of Andhra Pradesh and retiring
on or after that day, shall be that of the successor State granting him the pension and other
retirement benefits; but the portion of the pension and other retirement benefits attributable to the
service of any such officer before the appointed day in connection with the affairs of the existing
State of Andhra Pradesh shall be allocated between the successor States on the basis of
population ratio, and the Government granting the pension shall be entitled to receive from the
other successor State its share of the liability.
(2) If any such officer was serving after the appointed day in connection with the affairs of
more than one successor State other than the one granting the pension shall reimburse to the
Government by which the pension is granted an amount which bears to the portion of the pension
attributable to his service after the appointed day the same ratio as the period of his qualifying
service after the appointed day under the reimbursing State bears to the total qualifying service
of such officer after the appointed day reckoned for the purposes of pension.
6. Any reference in this Schedule to a pension shall be construed as including a reference to
the commuted value of the pension.
THE NINTH SCHEDULE
(See sections 68 and 71)
LIST OF GOVERNMENT COMPANIES AND CORPORATIONS
Sl. No. Name of Government Company Address
1. Andhra Pradesh State Seeds Development
Corporation Limited
S-10-193, 2nd Floor,
HACA Bhavan, Opp. Public
Gardens, Hyderabad-500 004.
2. Andhra Pradesh State Agro Industrial Development
Corporation Ltd.
504, Hermitage Office
Complex, Hill Fort Road,
Hyderabad-500 004.
3. Andhra Pradesh State Warehousing Corporation., Warehousing Sadan, 2nd
54
Floor, Behind Gandhi
Bhavan, Nampally,
Hyderabad- 500 001.
4. Andhra Pradesh State Civil Supplies Corporation
Ltd.,
6-3-655/1/A,
Civil Supplies Bhavan,
Somajiguda,
Hyderabad-500 082.
5. Andhra Pradesh Genco, Vidyut Soudha,
Khairathabad, Hyderabad-
500 004.
6. Andhra Pradesh Transco, Vidyut Soudha,
Khairathabad, Hyderabad-
500 004.
7. Singareni Collieries Company Ltd., Singareni Bhavan,
Macharmanzil, Redhills,
Hyderabad-500 004.
8. NREDCAP Pisgha Complex, Nampally,
Hyderabad-500 001.
9. Andhra Pradesh Forest Development Corporation
Ltd.,
UNI Building, 3rd Floor,
A.C.Guards,
Hyderabad-500 004.
10. Andhra Pradesh State Film and Television Theatre
Development Corporation Ltd.,
10-2-1, FDC Complex,
A.C.Guards,
Hyderabad-500 004.
11. Andhra Pradesh Medical Services Infrastructure
Development Corporation,
APMSIDC Building, DM &
HS Campus, Sulthan Bazar,
Hyderabad-500 095.
12. Andhra Pradesh State Police Housing Corporation
Ltd.,
DIG Office, Saifabad,
Hyderabad-500 004.
13. Andhra Pradesh State Housing Corporation Ltd., 3-6-184, Street No.17, Urdu
Hall Lane, Himayat Nagar,
Hyderabad.
14. Andhra Pradesh Housing Board, Gruhakalpa, M.J.Road,
Nampally,
Hyderabad-500 028.
15. Andhra Pradesh Technologies Services Ltd., B.R.K. Buildings, Tank Bund
Road, Hyderabad.
16. Andhra Pradesh Mineral Development Corporation
Ltd.,
Rear Block, 3rd Floor,
HMWSSB Premises,
Khairatabad,
55
Hyderabad-500 004.
17. Andhra Pradesh Industrial Infrastructure
Corporation Ltd.,
5-9-58/B, 6th Floor,
Prishrama Bhavan,
Basheerbagh, Hyderabad-500
004.
18. Andhra Pradesh Industrial Development
Corporation Ltd.,
5-9-58/B, 6th Floor,
Prishrama Bhavan,
Basheerbagh, Hyderabad-500
004.
19. Andhra Pradesh State Finance Corporation, 5-9-194, Chirag Ali Lane,
Abids, Hyderabad-500 001.
20. Leather Industries Development Corporation of
Andhra Pradesh (LIDCAP),
5-77/27, Darga Hussaini
Shaw Ali, Golkonda Post,
Hyderabad-500 008.
21. Andhra Pradesh Handicraft Development
Corporation Ltd.,
Hasthakala Bhavan,
Musheeerabad X Roads,
Hyderabad.
22. Andhra Pradesh State Trade Promotion Corporation
Ltd (APTPC).,
6-10-74, Fathe Maidhan
Road, Shakar Bhavan,
Hyderabad-500 004.
23. Andhra Pradesh State Irrigation Development
Corporation Ltd.,
8-2-674/2/B, Road No.13,
Banjara Hills,
Hyderabad-500 034.
24. Andhra Pradesh State Minorities Finance
Corporation Ltd.,
5th Floor, A.P. State Haj
House, Opp. Public Gardens,
Nampally,
Hyderabad-500 001.
25. Andhra Pradesh Beverages Corporation Ltd., 4th Floor, Prohibition &
Excise Complex, 9 & 10
Eastern, M.J.Road,
Nampally,
Hyderabad-500 001.
26. Andhra Pradesh State Road Transport Corporation, Bus Bhavan, Musheerabad X
Roads, Hyderabad.
27. Andhra Pradesh Foods, IDA, Nacharam,
Hyderabad-500 076.
28. Andhra Pradesh State Tourism Development
Corporation Ltd.,
3-5-891, A.P. Tourism
House, Himayath Nagar,
Hyderabad.
29. Andhra Pradesh Rajiv Swagruha Corporation Ltd., A-06, Sahabhavan,
Bandlaguda, GSI (Post),
Hyderabad-500 068.
56
30. Eastern Power Distribution Corporation Ltd., Corporate Office, Near
Guruwar Junction, P & T
Seethammadhara Colony,
Vishakapatnam-530 013.
31. Southern Power Distribution Corporation Ltd., # 1-13-65/A, Srinivasapuram,
Tirupati-517503.
32. Central Power Distribution Corporation Ltd., 6-1-50, Corporate Office,
Mint Compound,
Hyderabad-500 063.
33. Northern Power Distribution Corporation Ltd., 1-1-478, Chaitniyapuri
Colony, Near RES Petrol
Pump, Warangal.
34. Andhra Pradesh Heavy Machinery & Engineering
Ltd.,
Regd. Office & Factory,
Kondapally-521228.
Krishna District.
35. Vizag Apparel Park for Export Ltd., C-Block, 4th Floor, BRK
Bhavan, Hyderabad-500 063.
36. Andhra Pradesh State Christian (Minorities)
Finance Corporation,
6-2-41, Flat No. 102, Moghal
Emami Mansion, Opp.
Shadan College, Khairatabad,
Hyderabad-500 004.
37. Hyderabad Metro Rail Ltd., Metro Rail Bhavan, Saifabad,
Hyderabad-500 004.
38. Andhra Pradesh Urban Finance Infrastructure
Development Corporation Ltd.,
2nd Floor, E & PH Complex,
Kashana Building, AC
Guards, Hyderabad.
39. Infrastructure Development Corporation of Andhra
Pradesh (INCAP),
10-2-1, 3rd Floor, FDC
Complex, AC Guards,
Hyderabad-500 028.
40. Overseas Manpower Company of Andhra Pradesh
Ltd (OMCAP),
ITI Mallepally Campus,
Vijayanagar Colony,
Hyderabad-500 057.
41. Andhra Pradesh Power Finance Corporation Ltd., L-Block, 4th Floor, Andhra
Pradesh Secretariat,
Hyderabad.
42. Andhra Pradesh Roads Development Corporation, R & B Office, Beside
Mahaveer, AC Guards,
Hyderabad-500 057.
43. Andhra Pradesh Tribal Power Company Ltd
(TRIPCO),
4th Floor, Damodharam
Sanjivaiah Sankeshamma
Bhavan, Masab Tank,
Hyderabad.
57
44. Andhra Pradesh Tribal Mining Company Ltd
(TRIMCO),
4th Floor, Damodharam
Sanjivaiah Sankeshamma
Bhavan, Masab Tank,
Hyderabad.
THE TENTH SCHEDULE
(See section 75)
CONTINUANCE OF FACILITIES IN CERTAIN STATE INSTITUTIONS
List of Training Institutions/Centres
1. Andhra Pradesh State Co-operative Union, Hyderabad.
2. Andhra Pradesh Study Circle for Backward Classes, Visakhapatnam.
3. Environment Protection Training and Research Institute, Hyderabad.
4. Andhra Pradesh Forest Academy, Rangareddy District.
5. Andhra Pradesh State Council of Science and Technology (APCOST) , Hyderabad.
58
6. Dr.MCR HUman Resource Development Institute of Andhra Pradesh, Hyderabad.
7. Centre for Good Governance, Hyderabad.
8. State Institute of Health and Family Welfare, Vengalrao Nagar, Hyderabad.
9. State Board of Technical Education and Training, Hyderabad.
10. Andhra Pradesh Police Academy, Hyderabad.
11. Water and Land Management, Training and Research Institute, Hyderabad.
12. AMR Andhra Pradesh Academy of Rural Development, Hyderabad.
13. Sriramananada Theertha Training and Research Institute.
14. Andhra Pradesh Prohibition and Excise Academy.
15. State Institute of Educational Technology, Hyderabad.
16. State Council of Educational Research and Training, Hyderabad.
17. Andhra Pradesh Study Circle, Hyderabad.
18. Tribal Culture and Research Institute, Sankshema Bhavan, Masab Tank, Hyderabad.
19. Board of Intermediate Education, Hyderabad.
20. Andhra Pradesh State Seeds Certification Agency, Hyderabad.
21. Andhra Pradesh Live Stock Development Agency, Hyderabad.
22. Centre for Forest and Natural Resource Management Studies (CEFNARM),
Rangareddi District.
23. Andhra Pradesh Press Academy, Hyderabad.
24. AIDS Control Society, Hyderabad.
25. Andhra Pradesh Medical and Aromatic Plants Board, Hyderabad.
26. Andhra Pradesh Para Medical Board, Hyderabad.
27. Andhra Pradesh State Council of Higher Education, Hyderabad.
28. Forensic Science Laboratory, Hyderabad.
29. State Level Police Recruitment Board.
30. Society for Andhra Pradesh Network (SAPNET) , Hyderabad.
59
31. Andhra Pradesh Engineering Research Labs, Hyderabad.
32. Andhra Pradesh Urdu Academy, Hyderabad.
33. Andhra Pradesh Urban Services for the Poor, Hyderabad.
34. Mission for Elimination of Poverty in Municipal Areas (MEPMA), Hyderabad.
35. Andhra Pradesh Rural Livelihoods Project (P.M.U) , Hyderabad.
36. Water Conservation Mission.
37. Society for Elimination of Rural Poverty, Hyderabad.
38. Employment Generation and Marketing Mission, Hyderabad.
39. Andhra Pradesh State Remote Sensing Applications Centre, Hyderabad.
40. Andhra Pradesh Open School Society, Hyderabad.
41. A.P.R.E.I. Society, Hyderabad.
42. Andhra Pradesh Social Welfare Residential Educational Institutions Society
(A.P.S.W.R.E.I.) , Hyderabad.
ELEVENTH SCHEDULE
[see section 85(7)(e)]
Principles governing the functioning of the River Management Boards
1. The operation protocol notified by the Ministry of Water Resources with respect
to water resources arrived at based on appropriate dependability criteria after the
adjudication by the Krishna Water Disputes Tribunal shall be binding on both the
successor States.
2. In the event of conflicting demand of water for irrigation and power, the
requirement of water for irrigation shall take precedence.
3. In the event of conflicting demand of water for irrigation and drinking water, the
requirement of water for drinking water purpose shall take precedence.
60
4. The allocations made by the River Water Tribunals with regard to various projects
on Godavari and Krishna Rivers or for the regions of the existing State of Andhra
Pradesh, in respect of assured water shall remain the same.
5. Allocations, if any, to be made on excess flows by any Tribunal in future shall be
binding on both the State of Telangana and the successor State of Andhra Pradesh.
6. While the successor State Governments shall be responsible for managing natural
calamities, the Boards shall advise the two State Governments on the management of
disaster or drought or flood in the rivers of Krishna and Godavari, particularly in
reference to the release of water for the management and mitigation of the natural
calamities. The Boards shall have the full authority to get their orders implemented by
the two successor State Governments promptly and effectively in respect of operation of
the head works of the dams, reservoirs or head works of canals and works
appurtenant thereto including the hydel power projects, as notified by the Central
Government, on Krishna and Godavari Rivers.
7. No new projects based on water resources arrived at based on appropriate
dependability criteria on Godavari or Krishna rivers can be taken up by the State of
Telangana or the State of Andhra Pradesh without obtaining sanction from the Apex
Council on River water resources. All such proposals shall be first appraised and
technically cleared by the respective Board, before sanction by the said Apex Council.
8. Execution of ongoing projects and future new projects on Godavari and Krishna
rivers shall be the responsibility of the State Government concerned where the project is
located.
9. In case of non-implementation of the decision by either of the States, the
defaulting State shall bear the responsibility and shall face financial and other penalties
imposed by the Central Government.
TWELFTH SCHEDULE
(See section 92)
A. Coal
1. Of the total equity of Singareni Collieries Company Ltd. (SCCL), 51% shall be with
the Government of Telangana and 49% with the Government of India.
2. Existing coal linkages of SCCL shall continue without any change.
3. New linkages shall be allotted to the successor States as per the New Coal
Distribution Policy by Government of India.
4. End use plants of the allocated coal blocks shall continue with coal from the block to
be supplied in proportion to their respective capacities.
B. Oil and Gas
61
1. Allocation of natural gas will continue to be done as per the policies and guidelines issued
by the Government of India from time to time.
2. The royalties payable on domestic onshore production of oil and gas shall accrue to the
State in which such production takes place.
C. Power
1. Units of APGENCO shall be divided based on geographical location of power plants.
2. Existing Power Purchase Agreements (PPAs) with respective DISCOMS shall continue
for both on-going projects and projects under construction.
3. The existing Andhra Pradesh Electricity Regulatory Commission (APERC) shall
function as a joint regulatory body for a period not exceeding six months within
which time separate SERCs will be formed in the successor States.
4. The existing State Load Despatch Centre (SLDC) shall function for both successor
States for a period not exceeding two years within which time separate SLDC shall be
set up for each successor state. During this period, the existing SLDC shall function
under the direct administration and control of the Southern RLDC at Bengaluru. .
5. Transmission lines of APTRANSCO of 132 KV and higher voltage cutting across the
successor States shall be deemed as Inter-State Transmission System (ISTS) lines.
The transmission lines falling within the territory of each successor State shall be
transferred to the respective State Transmission Utilities. The maintenance of ISTS
lines shall also be done by successor States in their respective jurisdictions.
6. The power of the Central Generating Stations will be allotted in such ratio to the
State of Telangana and the State of Andhra Pradesh based on the actual energy
consumption of the last 5 years of the relevant DISCOMS in the respective successor
State.
7. For a period of ten years, the successor State that has a deficit of electricity shall have
the first right of refusal for the purchase of surplus power from the other successor
State.
8. The districts of Anantapur and Kurnool which fall within the jurisdiction of the AP
Central Power Distribution Company Ltd will now be reassigned to the AP South
Power Distribution Company Ltd.
62
THE THIRTEENTH SCHEDULE
(See section 93)
Education
1. The Government of India shall take steps to establish institutions of national
importance in the 12th and 13th Plan periods in the successor state of Andhra Pradesh.
This would include one IIT, one NIT, one IIM, one IISER, one Central University,
one Agricultural University and one IIIT.
2. The Government of India shall establish one AIIMS-type Super-Specialty Hospitalcum-
Teaching Institution in the successor State of Andhra Pradesh.
3. The Government of India shall establish a Tribal university each in the State of
Andhra Pradesh and in the State of Telangana.
4. A Horticulture university shall be established in the successor State of Telangana.
63
Infrastructure
1. The Government of India shall develop a new major port at Duggirajupatnam in the
successor State of Andhra Pradesh to be completed in phases with Phase I by end-
2018.
2. SAIL shall examine the feasibility of establishing an integrated steel plant in
Khammam district of the successor State of Telangana.
3. IOC or HPCL shall examine the feasibility of establishing a greenfield crude oil
refinery and petrochemical complex in the successor State of Andhra Pradesh.
4. The Government of India shall examine the feasibility of establishing a Vizag-
Chennai industrial corridor along the lines of Delhi-Mumbai Industrial Corridor.
5. The Government of India shall examine the feasibility of expanding the existing
Visakhapatnam, Vijayawada and Tirupati airports.
6. NTPC shall examine the feasibility of establishing a 4000 MW power facility in the
successor State of Telangana.
7. Indian Railways shall examine establishing a new railway zone in the successor State
of Andhra Pradesh.
8. NHAI shall take necessary steps to improve road connectivity in the backward regions
of the successor State of Telangana.
9. The Indian Railways shall examine the feasibility of establishing a Rail Coach
Factory in the successor State of Telangana and improve rail connectivity in
the State.
10. The Central Government shall consider measures to establish rapid rail and
road connectivity from the new capital of the successor State of Andhra
Pradesh to Hyderabad.

 

Advertisements

About advocatemmmohan

ADVOCATE

Discussion

No comments yet.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

Blog Stats

  • 44,977 hits

advocatemmmohan

Enter your email address to follow this blog and receive notifications of new posts by email.

Join 41 other followers

%d bloggers like this: