THE ANDHRA PRADESH REORGANISATION BILL, 2013

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THE ANDHRA PRADESH REORGANISATION BILL, 2013

 

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;  
  (c)       “assembly     constituency”,     “council     constituency”     and  

43 of 1950.

“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, bye‑

law,     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  

 

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.

 

  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

Expert    Committee

for setting up of a

capital   for Andhra

Pradesh.

  recommendations in a period not exceeding forty-five days from the

date of enactment of the Andhra Pradesh Reorganisation Act, 2013.

 
  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 sub‑

section 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

 

 

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 “1 1″            shall be

substituted;

 

 

(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.

 

 

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 Allocation of sitting

members.

  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.

 
  (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.

 
  1 8.(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  

 

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.

 

(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.

 

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

constituencies.

of
  (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).

   

 

(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

 

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.

 

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 sub‑

section (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.

 

 

 

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 sub-

section (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 sub-

section (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 sub-

section (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 sub-

section (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

 

 

 

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 sub-

section (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

 

 

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.

 

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 Application of Part.
  apportionment of the assets and liabilities of the existing State of

Andhra Pradesh immediately before the appointed day.

 
  (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

 

 

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 sub‑

section.

  (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.

 

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.

 

 

(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.

 

 

(3) The liability on account of loan raised from any source and re‑

lent 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.

 

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

 

 

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.

 

 

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.

 

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 sub‑

section (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 sub‑

section (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,

 

 

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

 

 

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 co‑

operative 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 co‑

operative       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

 

 

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

 

 

 

(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:

 

 

 

Provided further that as far as local, district, zonal and multi‑

zonal 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 multi‑

zonal 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 sub‑

section (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.

 

 

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

 

 

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–––  

 

(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;

 

 

(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.

 

(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;

 

 

(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.

 

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:––

 

 

“(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.

 

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

 

 

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.

 

(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.

  1. After Schedule XXVI, the following shall be inserted, namely:-”SCHEDULE – XXVIA

 

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), 3 1-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.

1 0-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.

 

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

and98 Jangoan.

1 5-WARANGAL(SC) 99-Ghanpur (Station) (SC), 1 00-Palakurthi, 104-Parkal, 105‑

Warangal West, 1 06-Warangal East, 1 07-Wardhannapet (SC)

and 1 08-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 1 12-Khammam, 1 13-Palair, 1 14-Madhira (SC), 11 5-Wyra

(ST), 116- Sathupalle (SC), 1 17-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

 

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

 

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:

 

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

 

  1. Arwa Mala
  2. Bariki
  3. Bavuri
  4. Beda (Budga) Jangam
  5. Bindla
  6. Byagara, Byagari
  7. Chachati
  8. Chalavadi
  9. Chamar, Mochi, Muchi, Chamar-Ravidas, Chamar-Rohidas
  10. Chambhar
  11. Chandala
  12. Dakkal, Dokkalwar
  13. Dandasi
  14. Dhor
  15. Dom, Dombara, Paidi, Pano
  16. Ellamalawar, Yellammalawandlu
  17. Ghasi, Haddi, Relli, Chanchandi
  18. Godari
  19. Gosangi
  20. Holeya
  21. Holeya Dasari
  22. Jaggali
  23. Jambuvulu
  24. Kolupulvandlu, Pambada, Pambanda, Pambala
  25. Madasi Kuruva, Madari Kuruva
  26. Madiga
  27. Madiga Dasu, Mashteen
  28. Mahar
  29. Mala, Mala Ayawaru
  30. Mala Dasari
  31. Mala Dasu
  32. Mala Hannai
  33. Malajangam
  34. Mala Masti
  35. Mala Sale, Nethani
  36. Mala Sanyasi
  37. Mang
  38. Mang Garodi
  39. Manne
  40. Mashti
  41. Matangi
  42. Mehtar
  43. Mitha Ayyalvar
  44. Mundala
  45. Paky, Moti, Thoti
  46. Pamidi
  47. Panchama, Pariah
  48. Relli
  49. Samagara
  50. 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;

 

(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–
Alcohol Factory, Narayanaguda; Alcohol Factory, Kamareddy; Andhra Pradesh Text book Press; Government Distillery, Chagallu; Government Ceramic Factory, Gudur; Government Block Glass Factory, Gudur.
2. Natural Calamities Unspent Margin Money fund.

3. Employees Welfare Fund (Andhra Pradesh State).

 

  1. State Disaster Response Fund.
  2. Development Funds for Educational Purposes.
  3. Development Funds for Agricultural Purposes.
  4. Industrial Development Funds ––

(i)            Hyderabad Industrial Research and Development Fund;

(ii)          Reserve Fund for Protection of Sugar Industries;

(iii)         Sericulture Development Fund.

  1. Electricity Development Funds – Special Reserve Fund – Electricity.
  2. Other Development and Welfare Funds ––

Funds for Development Schemes;

Industrial Plantation Fund;

Andhra Pradesh State Distilleries;

Andhra Pradesh Distilleries Pollution Control;

State Renewal Fund;

Andhra Pradesh Rural Development Fund;

Corpus Fund for upgradation for Public Libraries.

  1. Zamindari Abolition Fund.
  2. Religious Charitable Endowment Funds.
  3. Ethyl Alcohol Storage Facilities Fund.
  4. Guarantee Redemption fund – Investment Account.
  5. K. G. and Pennar Drainage Cess Fund.
  6. Security Adjustment Reserve.
  7. C. M. Relief Fund.
  8. Municipal Environmental Scheme Fund.
  9. Zilla Praja Parishad Funds.
  10. Andhra Pradesh Class IV Government Servants Family Pension Fund.
  11. Andhra Pradesh State Employees Family Benefit Fund.
  12. Sinking Fund – Investment Account.
  13. Contributory Provident Fund Work – charged 50 per cent. N.R.S.
  14. All India Service Provident Fund.
  15. Subvensions from Central Road Fund.
  16. National Calamity Contingency Fund.
  17. Deposits of Police Funds.
  18. Farmers Association Reserve Fund.
  19. Deposits of Andhra Pradesh Social Welfare Fund.
  20. Development of Mineral Resources and Technology Upgradation Fund.
  21. Village Panchayat Funds.
  22. Mandala Praja Parishad Funds.
  23. Market Committee Funds.
  24. Deposits of Zilla Praja Parishads out of Provident Fund contribution.
  25. Thrift Fund cum Savings and Security Schemes for Weavers.
  26. General Provident Fund (Regular).
  27. Andhra Pradesh State Government Life Insurance Fund.
  28. Andhra Pradesh Crop Insurance Fund.
  29. State Agriculture Credit Stabilisation Fund.
  30. State Market Interaction Fund.
  31. Deposits of Andhra Pradesh Urban Infrastructure Fund.
  32. 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

 

 

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.

  1. 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.
  2. (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.

  1. 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
  2. Andhra Pradesh State Agro Industrial Development Corporation Ltd.
  3. Andhra Pradesh State Warehousing Corporation.,

S-10-193, 2nd Floor,

HACA Bhavan, Opp. Public Gardens, Hyderabad-500 004.

504, Hermitage Office Complex, Hill Fort Road, Hyderabad-500 004.

Warehousing Sadan, 2nd

 

54

4.      Andhra Pradesh State Civil Supplies Corporation Ltd.,

5. Andhra Pradesh Genco,

6. Andhra Pradesh Transco,

7.       Singareni Collieries Company Ltd.,

8. NREDCAP

9. Andhra Pradesh Forest Development Corporation Ltd.,

10. Andhra Pradesh State Film and Television Theatre Development Corporation Ltd.,

11. Andhra Pradesh Medical Services Infrastructure Development Corporation,

12. Andhra Pradesh State Police Housing Corporation Ltd.,

13. Andhra Pradesh State Housing Corporation Ltd.,

14. Andhra Pradesh Housing Board,

15. Andhra Pradesh Technologies Services Ltd.,

16. Andhra Pradesh Mineral Development Corporation Ltd.,

Floor, Behind Gandhi Bhavan, Nampally,

Hyderabad- 500 001. 6-3-655/1/A,

Civil Supplies Bhavan, Somajiguda,

Hyderabad-500 082.

Vidyut Soudha,

Khairathabad, Hyderabad-500 004.

Vidyut Soudha,

Khairathabad, Hyderabad-500 004.

Singareni Bhavan,

Macharmanzil, Redhills, Hyderabad-500 004.

Pisgha Complex, Nampally, Hyderabad-500 001.

UNI Building, 3rd Floor, A.C.Guards,

Hyderabad-500 004.

 

 

10-2-1, FDC Complex, A.C.Guards,

Hyderabad-500 004.

APMSIDC Building, DM & HS Campus, Sulthan Bazar, Hyderabad-500 095.

DIG Office, Saifabad, Hyderabad-500 004.

3-6-184, Street No.17, Urdu Hall Lane, Himayat Nagar, Hyderabad.

Gruhakalpa, M.J.Road, Nampally,

Hyderabad-500 028.

B.R.K. Buildings, Tank Bund Road, Hyderabad.

Rear Block, 3rd Floor, HMWSSB Premises, Khairatabad,

55

17. Andhra Pradesh Industrial Infrastructure Corporation Ltd.,

18. Andhra Pradesh Industrial Development Corporation Ltd.,

19. Andhra Pradesh State Finance Corporation,

20. Leather Industries Development Corporation of Andhra Pradesh (LIDCAP),

21. Andhra Pradesh Handicraft Development Corporation Ltd.,

22. Andhra Pradesh State Trade Promotion Corporation Ltd (APTPC).,

 

 

23. Andhra Pradesh State Irrigation Development Corporation Ltd.,

 

 

24. Andhra Pradesh State Minorities Finance Corporation Ltd.,

25. Andhra Pradesh Beverages Corporation Ltd.,

26. Andhra Pradesh State Road Transport Corporation,

27. Andhra Pradesh Foods,

 

 

28. Andhra Pradesh State Tourism Development Corporation Ltd.,

29. Andhra Pradesh Rajiv Swagruha Corporation Ltd.,

Hyderabad-500 004.

5-9-58/B, 6th Floor,

Prishrama Bhavan,

Basheerbagh, Hyderabad-500 004.

5-9-58/B, 6th Floor,

Prishrama Bhavan,

Basheerbagh, Hyderabad-500 004.

5-9-194, Chirag Ali Lane, Abids, Hyderabad-500 001.

5-77/27, Darga Hussaini Shaw Ali, Golkonda Post, Hyderabad-500 008.

Hasthakala Bhavan,

Musheeerabad X Roads, Hyderabad.

6-10-74, Fathe Maidhan Road, Shakar Bhavan,

Hyderabad-500 004.

8-2-674/2/B, Road No.13, Banjara Hills,

Hyderabad-500 034.

5th Floor, A.P. State Haj House, Opp. Public Gardens, Nampally,

Hyderabad-500 001.

4th Floor, Prohibition & Excise Complex, 9 & 10 Eastern, M.J.Road,

Nampally,

Hyderabad-500 001.

Bus Bhavan, Musheerabad X Roads, Hyderabad.

IDA, Nacharam, Hyderabad-500 076.

3-5-891, A.P. Tourism House, Himayath Nagar, Hyderabad.

A-06, Sahabhavan,

Bandlaguda, GSI (Post), Hyderabad-500 068.

56

 

 

30. Eastern Power Distribution Corporation Ltd.,

31. Southern Power Distribution Corporation Ltd.,

32. Central Power Distribution Corporation Ltd.,

33. Northern Power Distribution Corporation Ltd.,

34. Andhra Pradesh Heavy Machinery & Engineering Ltd.,

35. Vizag Apparel Park for Export Ltd.,

36. Andhra Pradesh State Christian (Minorities) Finance Corporation,

37. Hyderabad Metro Rail Ltd.,

38. Andhra Pradesh Urban Finance Infrastructure Development Corporation Ltd.,

39. Infrastructure Development Corporation of Andhra Pradesh (INCAP),

40. Overseas Manpower Company of Andhra Pradesh Ltd (OMCAP),

41. Andhra Pradesh Power Finance Corporation Ltd.,

42. Andhra Pradesh Roads Development Corporation,

43. Andhra Pradesh Tribal Power Company Ltd (TRIPCO),

Corporate Office, Near Guruwar Junction, P & T Seethammadhara Colony, Vishakapatnam-530 013.

# 1-13-65/A, Srinivasapuram, Tirupati-5 17503.

6-1-50, Corporate Office, Mint Compound,

Hyderabad-500 063.

1-1-478, Chaitniyapuri Colony, Near RES Petrol Pump, Warangal.

Regd. Office & Factory, Kondapally-52 1228. Krishna District.

C-Block, 4th Floor, BRK Bhavan, Hyderabad-500 063.

6-2-41, Flat No. 102, Moghal Emami Mansion, Opp.

Shadan College, Khairatabad, Hyderabad-500 004.

Metro Rail Bhavan, Saifabad, Hyderabad-500 004.

2nd Floor, E & PH Complex, Kashana Building, AC

Guards, Hyderabad.

10-2-1, 3rd Floor, FDC Complex, AC Guards, Hyderabad-500 028.

ITI Mallepally Campus, Vijayanagar Colony, Hyderabad-500 057.

L-Block, 4th Floor, Andhra Pradesh Secretariat,

Hyderabad.

R & B Office, Beside Mahaveer, AC Guards, Hyderabad-500 057.

4th Floor, Damodharam Sanjivaiah Sankeshamma Bhavan, Masab Tank, Hyderabad.

 

44. Andhra Pradesh Tribal Mining Company Ltd                   4th Floor, Damodharam

(TRIMCO),                                                                           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.
  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.

 

Centre for Forest and Natural Resource Management Studies (CEFNARM), Rangareddi District.

Andhra Pradesh Press Academy, Hyderabad.

AIDS Control Society, Hyderabad.

Andhra Pradesh Medical and Aromatic Plants Board, Hyderabad. Andhra Pradesh Para Medical Board, Hyderabad.

Andhra Pradesh State Council of Higher Education, Hyderabad. Forensic Science Laboratory, Hyderabad.

State Level Police Recruitment Board.

Society for Andhra Pradesh Network (SAPNET) , Hyderabad.

 

  1.   Andhra Pradesh Engineering Research Labs, Hyderabad.
  2.   Andhra Pradesh Urdu Academy, Hyderabad.
  3.   Andhra Pradesh Urban Services for the Poor, Hyderabad.
  4.   Mission for Elimination of Poverty in Municipal Areas (MEPMA), Hyderabad.
  5.   Andhra Pradesh Rural Livelihoods Project (P.M.U) , Hyderabad.
  6.   Water Conservation Mission.
  7.   Society for Elimination of Rural Poverty, Hyderabad.
  8.   Employment Generation and Marketing Mission, Hyderabad.
  9.   Andhra Pradesh State Remote Sensing Applications Centre, Hyderabad.
  10.   Andhra Pradesh Open School Society, Hyderabad.
  11.   A.P.R.E.I. Society, Hyderabad.

Andhra Pradesh Social Welfare Residential Educational Institutions Society

  1.   (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.
    1. 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.
    2. 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.
    3. 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.
      1. No new projects based on water resources arrived at based on appropri a

 

te

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 Ap

ex

Council on River water resources. All such proposals shall be first appraised a n d technically cleared by the respective Board, before sanction by the said Apex Council.

  1. 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.
  2. 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

 

  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.
    1. 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.
    2. 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. .
    3. 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.
    4. 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.
    5. 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.
    6. 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.

 

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.

 

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.
    1. SAIL shall examine the feasibility of establishing an integrated steel plant in Khammam district of the successor State of Telangana.
    2. IOC or HPCL shall examine the feasibility of establishing a greenfield crude oil refinery and petrochemical complex in the successor State of Andhra Pradesh.
    3. The Government of India shall examine the feasibility of establishing a Vizag-Chennai industrial corridor along the lines of Delhi-Mumbai Industrial Corridor.
    4. The Government of India shall examine the feasibility of expanding the existing Visakhapatnam, Vijayawada and Tirupati airports.
    5. NTPC shall examine the feasibility of establishing a 4000 MW power facility in the successor State of Telangana.
    6. Indian Railways shall examine establishing a new railway zone in the successor State of Andhra Pradesh.
    7. NHAI shall take necessary steps to improve road connectivity in the backward regions of the successor State of Telangana.
    8. 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.

 

64

STATEMENT OF OBJECTS AND REASONS
NOTES ON CLAUSES

 

65

FINANCIAL MEMORANDUM
MEMORANDUM REGARDING DELEGATED LEGISLATION

 

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