THE ANDHRA PRADESH REORGANISATION ACT, 2014 _______________ ARRANGEMENT OF SECTIONS _______________ PART I PRELIMINARY SECTIONS 1. Short title. 2. Definitions. PART II REORGANISATION OF THE STATE OF ANDHRA PRADESH 3. Formation of Telangana State. 4. State of Andhra Pradesh and territorial divisions thereof. 5. Hyderabad to be common capital for States of Telangana and Andhra Pradesh. 6. Expert Committee for setting up of a capital for Andhra Pradesh. 7. Governor of existing State of Andhra Pradesh to be common Governor. 8. Responsibility of Governor to protect residents of common capital of Hyderabad. 9. Assistance of police forces from Central Government to successor States, etc. 10. Amendment of First Schedule to Constitution. 11. Saving powers of State Governments. PART III REPRESENTATION IN THE LEGISLATURES 12. Amendment of Fourth Schedule to Constitution. 13. Allocation of sitting members. 14. Representation in House of the People. 15. Delimitation of Parliamentary and Assembly Constituencies. 16. Provision as to sitting members. 17. Provisions as to Legislative Assemblies. 18. Representation of Anglo-Indian community. 19. Allocation of sitting members. 20. Duration of Legislative Assemblies. 21. Speaker, Deputy Speaker and rules of procedure. 22. Legislative Council for successor States. 23. Provisions as to Legislative Councils. 24. Amendment of Delimitation of Council Constituencies Order. 25. Chairman, Deputy Chairman and rules of procedure. 26. Delimitation of constituencies. 27. Power of Election Commission to maintain Delimitation Orders up-to date. 28. Amendment of Scheduled Castes Order. 29. Amendment of Scheduled Tribes Order. PART IV HIGH COURT 30. High Court of Judicature at Hyderabad to be common High Court till establishment of High Court of Andhra Pradesh. 1 SECTIONS 31. High Court of Andhra Pradesh. 32. Judges of Andhra Pradesh High Court. 33. Jurisdiction of Andhra Pradesh High Court. 34. Special provision relating to Bar Council and advocates. 35. Practice and procedure in Andhra Pradesh High Court. 36. Custody of seal of Andhra Pradesh High Court. 37. Form of writs and other processes. 38. Powers of Judges. 39. Procedure as to appeals to Supreme Court. 40. Transfer of proceedings from Hyderabad High Court to Andhra Pradesh High Court. 41. Right to appear or to act in proceedings transferred to Andhra Pradesh High Court. 42. Interpretation. 43. Savings. PART V AUTHORISATION OF EXPENDITURE AND DISTRIBUTION OF REVENUES 44. Authorisation of expenditure of Telangana State. 45. Reports relating to accounts of Andhra Pradesh State. 46. Distribution of revenue. PART VI APPORTIONMENT OF ASSETS AND LIABILITIES 47. Application of Part. 48. Land and goods. 49. Treasury and bank balances. 50. Arrears of taxes. 51. Right to recover loans and advances. 52. Investments and credits in certain funds. 53. Assets and liabilities of State undertakings. 54. Public Debt. 55. Floating Debt. 56. Refund of taxes collected in excess. 57. Deposits, etc. 58. Provident Fund. 59. Pensions. 60. Contracts. 61. Liability in respect of actionable wrong. 62. Liability as guarantor. 63. Items in suspense. 64. Residuary provision. 65. Apportionment of assets or liabilities by agreement. 66. Power of Central Government to order allocation or adjustment in certain cases. 67. Certain expenditure to be charged on Consolidated Fund. 2 PART VII PROVISIONS AS TO CERTAIN CORPORATIONS SECTIONS 68. Provisions for various companies and corporations. 69. Continuance of arrangements in regard to generation and supply of electric power and supply of water. 70. Provisions as to Andhra Pradesh State Financial Corporation. 71. Certain provisions for companies. 72. Temporary provisions as to continuance of certain existing road transport permits. 73. Special provisions relating to, retrenchment compensation in certain cases. 74. Special provision as to income-tax. 75. Continuance of facilities in certain State institutions. PART VIII PROVISIONS AS TO SERVICES 76. Provisions relating to All-India Services. 77. Provisions relating to other services. 78. Other provisions relating to services. 79. Provisions as to continuance of officers in same post. 80. Advisory committees. 81. Power of Central Government to give directions. 82. Provision for employees of Public Sector Undertakings, etc. 83. Provisions as to State Public Service Commission. PART IX MANAGEMENT AND DEVELOPMENT OF WATER RESOURCES 84. Apex Council for Godavari and Krishna river water resources and their Management Boards. 85. Constitution and functions of River Management Board. 86. Staff of the Management Board. 87. Jurisdiction of Board. 88. Power of Board to make regulations. 89. Allocation of water resources. 90. Polavaram Irrigation Project to be a national project. 91. Arrangements on Tungabhadra Board. PART X INFRASTRUCTURE AND SPECIAL ECONOMIC MEASURES 92. Successor States to follow principles, guidelines, etc., issued by Central Government. 93. Measures for progress and development of successor States. 94. Fiscal measures including tax incentives. PART XI ACCESS TO HIGHER EDUCATION 95. Equal opportunities for quality higher education to all students. 3 PART XII LEGAL AND MISCELLANEOUS PROVISIONS SECTIONS 96. Amendment of article 168 of the Constitution. 97. Amendment of article 371D of the Constitution. 98. Amendment of section 15A of Act 43 of 1951. 99. Amendment of section 15 of Act 37 of 1956. 100. Territorial extent of laws. 101. Power to adapt laws. 102. Power to construe laws. 103. Power to name authorities, etc., for exercising statutory functions. 104. Legal proceedings. 105. Transfer of pending proceedings. 106. Right of pleaders to practise in certain cases. 107. Effect of provisions of the Act inconsistent with other laws. 108. Power to remove difficulties. THE FIRST SCHEDULE THE SECOND SCHEDULE THE THIRD SCHEDULE THE FOURTH SCHEDULE THE FIFTH SCHEDULE THE SIXTH SCHEDULE THE SEVENTH SCHEDULE THE EIGHTH SCHEDULE THE NINTH SCHEDULE THE TENTH SCHEDULE THE ELEVENTH SCHEDULE THE TWELFTH SCHEDULE THE THIRTEENTH SCHEDULE 4 THE ANDHRA PRADESH REORGANISATION ACT, 2014 ACT NO. 6 OF 2014 [1st March, 2014.] An Act 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-fifth Year of the Republic of India as follows:— PART I PRELIMINARY 1. Short title.—This Act may be called the Andhra Pradesh Reorganisation Act, 2014. 2. Definitions.—In this Act, unless the context otherwise requires,— (a) ―appointed day‖ means the day1 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 ―parliamentary constituency‖ have the same meanings as in the Representation of the People Act, 1950 (43 of 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. 1. 2nd June, 2014, vide notification No. S.O. 655(E), dated 4th March, 2014, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 5 PART II REORGANISATION OF THE STATE OF ANDHRA PRADESH 3. Formation of Telangana State.—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:— Adilabad, Karimnagar, Medak, Nizamabad, Warangal, Ranga Reddy, Nalgonda, Mahbubnagar, 1[Khammam (but excluding the Mandals of Kukunoor, Velairpadu and Bhurgampadu but not including its revenue villages of Pinapaka, Morampalli Banzar, Bhurgampad, Nagineniprolu, Krishnasagar, Tekula, Sarapaka, Iravendi, Mothepattinagar, Uppusaka, Sompalli and Nakripeta under the Palvancha Revenue Division, and the Mandals of Chintoor, Kunavaram, Vararamachandrapuram and Bhadrachalam but not including the revenue village of Bhadrachalam under the Bhadrachalam Revenue Division)] and Hyderabad districts, and thereupon the said territories shall cease to form part of the existing State of Andhra Pradesh. 4. State of Andhra Pradesh and territorial divisions thereof.––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. 5. Hyderabad to be common capital for States of Telangana and Andhra Pradesh.––(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. (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. Expert Committee for setting up of a capital for Andhra Pradesh.—The Central Government shall constitute an expert committee to study various alternatives regarding the new capital for the successor State of Andhra Pradesh and make appropriate recommendations in a period not exceeding six months from the date of enactment of the Andhra Pradesh Reorganisation Act, 2014. 7. Governor of existing State of Andhra Pradesh to be common Governor.—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. 8. Responsibility of Governor to protect residents of common capital of Hyderabad.—(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. (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. 1. Subs. by Act 19 of 2014, s. 2, for certain words (w.e.f. 29-5-2014). 6 (4) The Governor shall be assisted by two advisors to be appointed by the Central Government. 9. Assistance of police forces from Central Government to successor States, etc.—(1) The Central Government shall assist the successor States of Andhra Pradesh and Telangana to raise additional police forces. (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. 10. Amendment of First Schedule to Constitution.—On and from the appointed day, in the First Schedule to the Constitution, under the heading ―I. THE STATES’’,–– (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 (56 of 1959)‖, the following shall be inserted, namely:— ―and the territories specified in section 3 of the Andhra Pradesh Reorganisation Act, 2014‖; (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, 2014.‖. 11. Saving powers of State Governments.—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. PART III REPRESENTATION IN THE LEGISLATURES The Council of States 12. Amendment of Fourth Schedule to Constitution.—On and from the appointed day, in the Fourth Schedule to the Constitution, in the Table,— (a) in entry 1, for the figures ―18‖, the figures ―11‖ 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‖. 13. Allocation of sitting members.—(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. (2) The term of office of such sitting members shall remain unaltered. 7 The House of the People 14. Representation in House of the People.—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 (43 of 1950) shall be deemed to be amended accordingly. 15. Delimitation of Parliamentary and Assembly Constituencies.—(1) 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. (2) The Election Commission may conduct the elections to the House of the People and the Legislative Assemblies of the successor States of Andhra Pradesh and Telangana as per the allocation of seats specified in the Delimitation of Parliamentary and Assembly Constituencies Order, 2008 as amended by this Act. 16. Provision as to sitting members.—(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 14, 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. (2) The term of office of such sitting members shall remain unaltered. The Legislative Assembly 17. Provisions as to Legislative Assemblies.—(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. (2) In the Second Schedule to the Representation of the People Act, 1950 (43 of 1950), under the heading ―I. STATES‖:— (a) for entry 1, the following entry shall be substituted, namely:— 1 2 3 4 5 6 7 ―1. Andhra Pradesh 294 39 15 175 29 7‖; (b) entries 25 to 28 shall be renumbered as entries 26 to 29, respectively; (c) after entry 24, the following entry shall be inserted, namely:— 1 2 3 4 5 6 7 ―25. Telangana — — — 119 19 12‖. 18. Representation of Anglo-Indian community.— Notwithstanding anything in sub-section (1) of section 17 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. 19. Allocation of sitting members.— (1) Every sitting member of the Legislative Assembly of the existing State of Andhra Pradesh elected to fill a seat in that Assembly from a constituency which on the appointed day by virtue of the provisions of section 17 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 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 8 representing a constituency, the extent or the name of which are altered by virtue of the provisions of section 17, 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. 20. Duration of Legislative Assemblies.—The period of five years referred to in clause (1) of article 172 shall, in the case of the Legislative Assembly of the State of Andhra Pradesh and of the 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. 21. Speaker, Deputy Speaker and rules of procedure.—(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 and the members of that Assembly shall choose from amongst the members of the Assembly, a member to be the Deputy Speaker of that Assembly. (2) As soon as may be after the appointed day, the Deputy Speaker of the Legislative Assembly of the existing State of Andhra Pradesh shall become the Deputy Speaker of the Legislative Assembly of the successor State of Telangana and until the Speaker is chosen by that Assembly, the duties of the office of the Speaker shall be performed by the Deputy Speaker so appointed. (3) 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. The Legislative Councils 22. Legislative Council for successor States.— (1) There shall be constituted a Legislative Council for each of the successor States consisting of not more than 1[58 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. (2) 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 Legislative Councils of the successor States and the existing members shall be allotted to the Councils as specified in the Fourth Schedule. 23. Provisions as to Legislative Councils.— (1) On and from the appointed day, there shall be 2[58 seats in the Legislative Council of Andhra Pradesh] and 40 seats in the Legislative Council of Telangana, respectively. (2) In the Representation of the People Act, 1950 (43 of 1950),–– (i) in the Third Schedule,–– 3[(a) for the existing entry 1, the following entry shall be substituted, namely:–– 1 2 3 4 5 6 7 ―1. Andhra Pradesh 58 20 5 5 20 8‖;] (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‖; 1. Subs. by Act 12 of 2015, s. 2, for ―50 members in the Legislative Council of Andhra Pradesh‖ (w.e.f. 29-4-2015). 2. Subs. by s.3, ibid., for ―50 seats in the Legislative Council of Andhra Pradesh‖ (w.e.f. 29-4-2015). 3. Subs. by s.3, ibid., for entry 1 (w.e.f. 29-4-2015). 9 (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. Amendment of Delimitation of Council Constituencies Order.—(1) On and from the appointed day, the Delimitation of Council Constituencies (Andhra Pradesh) Order, 2006 shall stand amended as directed in Part I of the Third Schedule. (2) On and from the appointed day, the Delimitation of Council Constituencies (Telangana) Order, 2014, as specified in Part II of the Third Schedule shall apply to the successor State of Telangana. (3) The Central Government may, in consultation with the successor States of Andhra Pradesh, or as the case may be, Telangana, by notification in the Official Gazette amend the Third Schedule. 25. Chairman, Deputy Chairman and rules of procedure.—(1) The person who immediately before the appointed day is the Chairman of the Legislative Council of the existing State of Andhra Pradesh shall continue to be the Chairman of that Council on and from that day and the members of that Council shall choose from amongst the members of the Council, a member to be the Deputy Chairman of that Council. (2) As soon as may be after the appointed day, the Deputy Chairman of the Legislative Council of the existing State of Andhra Pradesh shall become the Deputy Chairman of the Legislative Council of the successor State of Telangana and until the Chairman is chosen by that Council, the duties of the office of Chairman shall be performed by the Deputy Chairman so appointed. (3) The rules of procedure and conduct of business of the Legislative Council 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 Council of Telangana, subject to such modifications and adaptations as may be made therein by the Chairman thereof. Delimitation of constituencies 26. Delimitation of constituencies.—(1) Subject to the provisions contained in article 170 of the Constitution and without prejudice to section 15 of this Act, the number of seats in the Legislative Assembly of the successor States of Andhra Pradesh and Telangana shall be increased from 175 and 119 to 225 and 153, respectively, and delimitation of the constituencies may be determined by the Election Commission in the manner hereinafter provided— (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. 10