Andhra Pradesh Reorganization Act, 2014 A brief relook

lawzmag.comThe President of India gave assent to Andhra Pradesh Reorganisation Bill, 2013 on March 1st 2014. Subsequently, it was published in the Official Gazette for general information as an Andhra Pradesh Reorganisation Act, 2014 (Act No 6 of 2014). The main object of the Act is to provide for the reorganisation of the existing State of Andhra Pradesh and for matters connected therewith. The Ministry of Home declared June 2nd as an appointed day in the Official Gazette on March 4th 2014. Thereafter, on June 2nd 2014, officially the Telangana State was formatted. This A.P. Reorganisation Act, 2014 was totally contains 108 sections in Twelve Parts and Thirteen Schedules.

The Parts of Act are as follows-

Part –I Preliminary (Section 1 deals short title and Section 2 deals with Definitions)

Part –II Reorganisation of The State of Andhra Pradesh (Sections 3 to 11)

Pat-III Representation in The Legislatures (Sections 12 to 29)

Part – IV High Court (Sections 30 to 43)

Part- V Authorisation of Expenditure and Distribution of Revenues Section 44 to 46)

Part-VI Apportionment of Assets and Liabilities (Section 47 to 67)

Part-VII Provisions as to Certain Corporations (Sections 68 to 75)

Part- VIII Provisions as to Services (Sections 76 to 83)

Part-IX Management and Development of Water Resources (Sections 84 to 91)

Part-X Infrastructure and Special Economic Measures (Sections 92 to 94)

Part-XI Access to Higher Education (Section 95)

Part-XII Legal and Miscellaneous Provisions (Sections 96 to 108) deals as follows-

Schedule I – Allocation of sitting members of council of states (as per sec.13). Out of 18 seats of council of states (Rajya Sabha), seven seats are allotted to Telangana and remaining eleven seats to Navya Andhra Pradesh.

Schedule II – Delimitation of Parliamentary and Assembly Constituencies (as per sec.15). It explains the extent of Assembly and Parliamentary Constituencies. Out of 42 Lok Sabha seats 17 seats are allotted to Telangana state and remaining 25 Lok Sabha seates are allotted to Andhra Pradesh. Out of 394 Assembly seats 119 seats are allotted to Telangana and 176 allotted to Andhra Pradesh respectively. In the First Schedule of the Constitution of India, Telangana State added as 25th State. The Serial numbers 25 to 28 shall be renumbered as seria  numbers 26 to 29, respectively in the First Schedule of the Constitution of India. Schedule III- Modification in the delimitation of Council Constituencies (As per sec.24) Schedule IV- List of members of the Legislative Council of successor States of Andhra Pradesh and Telangana (as per section 22(2)) Schedule V- List of Schedule Castes of Telangana (as per sec.28)

Schedule VI-List of Schedule Tribes of Telangana (as per sec 29) Schedule VII- List of Funds (as per sec.52). A. Provident Funds, Pension Funds, Insurance Funds.

B. Sinking Fund, Guarantee  esumption Fund, Reserve Funds. C. Other Funds Schedule VIII- Apportionment of Liability in Respect of Pensions (as per sec.59)

Schedule IX- List of Government Companies and Corporations (as per sections 68 and  71) Schedule X – Continuance of Facilities in Certain State Institutions (as per sec.75). It contains List  of Training Institutions/ Centres.

Schedule XI – Principles governing the functioning of the River Management Boards (As per section 85 (7)(e)

Schedule XII- Matters relating to Coal, Oil and Gas, and Power (as per section 92) Schedule XIII- Matters  elating to Education and Infrastructures (as per section 93)

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

Hyderabad to be a common capital to A.P. and T.N.

On and from the appointed day (i.e. June 2nd), 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. After expiry of the period referred period, Hyderabad shall be the capital of the State of Telangana and there shall be a new capital for the State of Andhra Pradesh.

Key Points of the A. P. Reorganisation Act, 2014:

• 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, Rangareddi, Nalgonda, Mahbubnagar, Khammam (but excluding the revenue villages in the Mandals specified in G.O.Ms. No. 111 Irrigation & CAD (LA IV R&R-I) Department, dated the 27th June, 2005 and the revenue villages of Bhurgampadu, Seetharamanagaram and Kondreka in Bhurgampadu Mandal) and Hyderabad districts, and thereupon the said territories shall cease to form part of the existing State of Andhra Pradesh.

State of Andhra Pradesh:

State of Andhra Pradesh shall comprise the territories of the existing State of Andhra Pradesh other than those specified in Telangana.

Amendment of the First Schedule of theConstitution:

After entry 28, the following entry shall be inserted, namely, 29. Telangana

Power of states to alter their boundaries: 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.

•Amendment of Fourth Schedule of the Constitution: Allocation of sitting members of Council of States instead of18 to 11 in A.P. and House of the People instead of 25 to 17 in A.P. respectively.

• 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.

•Amendment to Second Schedule to the Representation of the People Act, 1950: Entries 25 to 28 shall be renumbered as entries 26 to 29, respectively. After entry 24, entry 25 inserted as Telangana.

• Representation of Anglo- Indian Community: 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.

• Delimitation of Constituencies: 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.

Legislative Councils for successor States:

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.

• High Court: 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.

• Special Provision relating to Bar Council and Advocates: Any person who immediately before the appointed day (i.e. June 2nd) 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 s hall 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.

• Right to appear or to act in proceedings to transferred to Andhra Pradesh H.C.: Any person who, immediately before the appointed  day, 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, shall have the right to appear in the High Court of Andhra Pradesh in relation to those proceedings.

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

• Distribution of Revenue: 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 population ratio and other parameters: Provided that on the appointed day, the President shall make a reference to the Fourteenth Finance Commission to take into account the resources available to the successor States and make separate awards for each of the successor States.

Equal opportunities for quality higher education to all students

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 in so far as it is provided  under article 371D of the Constitution, shall continue as such for a period of ten years during which the existing common admission process shall continue. 

Treasury and Bank Balance: 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.

• Continuance of facilities to certain state institutions: 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 G o v e r n m e n t s 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.

• Amendment of Article 371D of the Constitution:

On and from the appointed day, in article 371D of the  Constitution,–– in the marginal heading, for the words “the State of Andhra Pradesh”, the words “the State of Andhra Pradesh and the State of Telangana” shall be substituted.

Bifurcation of HC

Chief Minister K. Chandra- sekhar Rao expressed that the bifurcation of the State was not complete without bifurcation of the High Court therefore, the State government came up with a proposal to pay a portion of the rent if the AP government hired private buildings to  house the court either in Guntur or Vijaywada.

Right of Pleaders to Practise in certain cases:

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.

The successor States shall be entitled to receive benefits and be liable to bear the financial liabilities arising out of the decisions taken by the State of Andhra Pradesh

Power to remove difficulties:

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: Provided that no such order shall be made after the expiry of a period of three years from the appointed day. Every order made under this section shall be laid before each House of Parliament.

 

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