Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959

For alteration of boundaries of the States of Andhra Pradesh and Madras (now Tamil Nadu).

Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959

Act No. 56 of 1959

[24th December, 1959]

An Act to provide for the alteration of boundaries of the States of Andhra Pradesh and Madras and for matters connected therewith.

BE it enacted by Parliament in Tenth Year of the Republic of India as follows:—

Part I

PRELIMINARY

1. Short title and commencement.

1. Short title and commencement.—(1) This Act may be called the Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959.

(2) It shall come into force on such date [i]as the Central Government may, by notification in the Official Gazette, appoint.

2. Definitions.

2. Definitions.—In this Act, unless the context otherwise requires,—

(a) “appointed day” means the date appointed under sub-section (2) of Section 1 for the coming into force of this Act;

(b) “assembly constituency”, “council constituency” and “parliamentary constituency” have the same meanings as in the Representation of the People Act, 1950;

(c) “law” includes any enactment, ordinance, regulation, order, bye-law, rule, scheme, notification or other instrument having the force of law in the whole or in any part of Andhra Pradesh or Madras;

(d) “notified order” means an order published in the Official Gazette;

(e) “sitting member”, in relation to either House of Parliament or of the Legislature of a State, means a person who immediately before the appointed day, is a member of that House;

(f) “transferred territories” means—

(i) in relation to the State of Andhra Pradesh, the territories specified in the Second Schedule and transferred from that State to Madras; and

(ii) in relation to the State of Madras, the territories specified in the First Schedule and transferred from that State to Andhra Pradesh.

(g) “treasury” includes a sub-treasury;

(h) any reference to a district, taluk, firka, village or other territorial division of a State shall be construed as a reference to the area comprised within that territorial division on the 1st day of July, 1957.

Part II

TRANSFER OF TERRITORIES

3. Transfer of territories.

3. Transfer of territories.—As from the appointed day, there shall be added—

(a) to the State of Andhra Pradesh, the territories specified in the First Schedule which shall thereupon cease to form part of the State of Madras; and

(b) to the State of Madras, the territories specified in the Second Schedule which shall thereupon cease to form part of the State of Andhra Pradesh.

 

Other Contents of Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959​
Sections 1 to 54 Schedules

 

4. Changes of territorial divisions in Andhra Pradesh.

4. Changes of territorial divisions in Andhra Pradesh.—(1) The territories specified in Part I of the First Schedule shall be included in, and form part of, Chittoor district; and the said territories, together with the territories comprised in the villages of Puttur taluk specified in the Third Schedule and the territories which immediately before the appointed day were comprised in Kanakummachatram and Tiruttani firkas of Tiruttani taluk but are not transferred by virtue of Section 3, of the State of Madras, shall form a taluk to be known as Sathyavedu taluk in Chittoor district.

(2) The territories which immediately before the appointed day were comprised in Palliputtu and Erumbi firkas of Tiruttani taluk but are not transferred by virtue of Section 3 to the State of Madras shall be included in and form part of Puttur taluk.

(3) The territories which immediately before the appointed day were comprised in Melpadi firka of Chittoor taluk but are not transferred by virtue of Section 3 to the State of Madras shall be included in and form part of, Chittoor firka of Chittoor taluk.

(4) The territories specified in Part II of the First Schedule shall be included in, and form part of, Kuppam West firka of Palmaner taluk of Chittoor district.

5. Changes of territorial divisions in Madras.

5. Changes of territorial divisions in Madras.—(1) The territories which immediately before the appointed day were comprised in Sathyavedu firka of Ponneri taluk and Uttukkottai firka of Tiruvallur taluk but are not transferred by virtue of Section 3 to the State of Andhra Pradesh shall be included in, and form part of Gummidipundi firka of Ponneri taluk.

(2) The territories specified in Parts I and II of the Second Schedule shall be included in and form a separate taluk to be known as Tiruttani taluk of Chingleput district; and in that taluk the territories specified in Part II of that Schedule shall form a separate firka to be known as Kanakammachatram firka.

The territories specified in Parts III, IV, V, VI, VII and VIII of the Second Schedule shall respectively be included in, and form part of, —

(a) Mappendu firka of Tiruvallur taluk of Chingleput district.

(b) Paranji firka of Arkonam taluk of North Arcot district.

(c) Arkonam firka of Arkonam taluk of North Arcot district.

(d) Ranipat firka of Walajapet taluk of North Arcot district.

(e) Gudiyattam East Firka of Gudiyattam taluk of North Arcot district, and

(f) Vaniyambadi firka of Tiruppattur taluk of North Arcot district.

6. Amendment of First Schedule to the Constitution.

6. Amendment of First Schedule to the Constitution.—As from the appointed day, in the First Schedule to the Constitution, under the heading “1, THE STATES”,—

(a) for the entry against “1, Andhra Pradesh”, the following shall be substituted, namely:—

“The territories specified in sub-section (1) of Section 3 of the Andhra State Act, 1953, sub-section (1) of Section 3 of the States Reorganisation Act, 1956, and the First Schedule to the Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959, but excluding the territories specified in the Second Schedule to the last mentioned Act;”; and

(b) in the entry against “7 Madras,”—

(i) after the words and figures “Section 4 of the States Reorganisation Act, 1956”, the words, brackets and figures “and the Second Schedule to the Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959”, shall be inserted; and

(ii) for the words, brackets, letters and figures “and the territories specified in clause (b) of sub-section (1) of Section 5, Section 6 and clause (d) of sub-section (1) of Section 7 of the States Reorganisation Act, 1956”, the following shall be substituted, namely:—

“The territories specified in clause (b) of sub-section (1) of Section 5, Section 6 and clause (d) of sub-section (1) of Section 7 of the States Reorganisation Act, 1956 and the territories specified in the First Schedule to the Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959”.

7. Saving powers of State Government.

7. Saving powers of State Government.— Nothing in the foregoing provisions of this Part shall be deemed to affect the power of the State Government of Andhra Pradesh or Madras to alter after the appointed day the name, extent or boundaries of any district, taluk, firka or village in the State.

Part III

REPRESENTATION IN THE LEGISLATURES

The Council of States

8. Amendment of Fourth Schedule to the Constitution.

8. Amendment of Fourth Schedule to the Constitution.—As from the appointed day, in the Fourth Schedule to the Constitution, in the second Column of the Table,—

(a) for the figures “17” against Madras, the figures “18” shall be substituted; and

(b) for the figures “220”, the figures “221” shall be substituted.

9. Bye-election to fill the additional seat.

9. Bye-election to fill the additional seat.—(1) As soon as may be after the appointed day, a bye-election shall be held to fill the additional seat allotted to the State of Madras in the Council of States by virtue of Section 8.

(2) The term of office of the member elected to the Council of States in pursuance of this section shall expire on the 2nd day of April, 1962.

The House of the People

10. Amendment of First Schedule to the Delimitation Order.

10. Amendment of First Schedule to the Delimitation Order.—The First Schedule to the Delimitation of Parliamentary and Assembly Constituencies Order, 1956, shall have effect subject to the modifications specified in the Fourth Schedule to this Act.

11. Provision as to sitting members.

11. Provision as to sitting members.—Every sitting member of the House of the People representing a constituency the extent of which is altered by virtue of Section 10 shall be deemed to have been elected to the said House by that constituency as so altered.

The Legislative Assemblies

12. Strength of Legislative Assemblies.

12. Strength of Legislative Assemblies.—The total number of seats in the Legislative Assembly of Andhra Pradesh to be filled by persons chosen by direct election shall be reduced from 301 to 300 and that in the Legislative Assembly of Madras shall be increased from 205 to 206; and, accordingly, in the Second Schedule to the Representation of the People Act, 1950, for the figures “301” against “Andhra Pradesh”, the figures “300” shall be substituted, and for the figures “205” against “Madras”, the figures “206” shall be substituted.

13. Amendment of Second Schedule to Delimitation Order.

13. Amendment of Second Schedule to Delimitation Order.—The Second Schedule to the Delimitation of Parliamentary and Assembly Constituencies Order, 1956, shall have effect subject to the modifications specified in the Fifth Schedule to this Act.

14. Amendment of Delimitation Commission's Final Order No. 19.

14. Amendment of Delimitation Commission's Final Order No. 19.—The Delimitation Commission's Final Order No. 19, dated the 4th October, 1954, shall have effect subject to the modifications specified in the Sixth Schedule.

15. Provisions as to certain sitting members.

15. Provisions as to certain sitting members.—(1) The sitting members of the Legislative Assembly of Andhra Pradesh representing the Vadamalpet, Vepanjeri, Chittoor and Kuppam constituencies shall, notwithstanding the alteration in the extent thereof by the provisions of this Act, be deemed to have been respectively elected to the said constituencies as so altered.

(2) The sitting members of the Legislative Assembly of Madras representing the Gummidipundi, Tiruvallur, Arkonam, Sholinghur, Ranipet, Gudiyattam, Vaniyambadi and Uddanapalli constituencies shall, notwithstanding the alteration in the extent thereof by the provisions of this Act, be deemed to have been respectively elected to the said Assembly by the said constituencies as so altered.

(3) The sitting members of the Legislative Assembly of Andhra Pradesh representing the Tiruttani constituency shall, as from the appointed day, be deemed to have been elected to that Assembly by the Sathyavedu constituency in the State of Andhra Pradesh.

(4) The sitting member of the Legislative Assembly of Andhra Pradesh representing the Ramakrishnarajupet constituency shall, as from the appointment day, cease to be a member of that Assembly and be deemed to have been elected to the Legislative Assembly of Madras from the Tiruttani constituency in the State of Madras.

16. Extent of Council constituencies.

16. Extent of Council constituencies.—(1) Any reference in the Delimitation of Council Constituencies (Andhra Pradesh) Order, 1957, to the State of Andhra Pradesh or to Chittoor district shall be construed as excluding the territories transferred from that State or district, as the case may be, to the State of Madras and as including the territories transferred to that State or district, as the case may be, from the State of Madras.

(2) Any reference in the Delimitation of Council Constituencies (Madras) Order, 1951, to the State of Madras or to the Chingleput, North Arcot or Salem district shall be construed as excluding the territories transferred from that State or district, as the case may be, to the State of Andhra Pradesh, and as including the territories transferred to that State or district, as the case may be, from the State of Andhra Pradesh.

17. Sitting members.

17. Sitting members.— Every sitting member of the Legislative Council of Andhra Pradesh or of Madras representing a council constituency the extent of which is altered by virtue of Section 16 shall, as from the appointed day, be deemed to have been elected to the said Council by that constituency as so altered.

Part IV

HIGH COURTS

18. Extension of jurisdiction of, and transfer of proceeding to, Andhra Pradesh High Court.

18. Extension of jurisdiction of, and transfer of proceeding to, Andhra Pradesh High Court.—(1) Except as hereinafter provided,—

(a) The jurisdiction of the High Court of Andhra Pradesh shall, as from the appointed day, extend to the territories specified in the First Schedule, and

(b) The High Court at Madras shall, as from that day, have no jurisdiction in respect of the said territories.

(2) Such proceedings pending in the High Court at Madras immediately before the appointed day as are certified 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), but save as hereinafter provided, the High Court at Madras shall have, and the High Court of Andhra Pradesh shall not have, jurisdiction to entertain, hear or dispose of appeals, applications for leave to appeal 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 Madras before the appointed day:

Provided that if, after such proceedings have been entertained by the High Court at Madras, 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 Madras—

(a) before the appointed day 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 Madras retains jurisdiction by virtue of sub-section (3),

shall, for all purposes, have effect, not only as an order of the High Court at Madras, but also as an order made by the High Court of Andhra Pradesh.

(5) Subject to any rule made or direction given by the High Court of Andhra Pradesh, any such person who immediately before the appointed day is an advocate entitled to practise in the High Court at Madras as may be specified in this behalf by the Chief Justice of the High Court of Andhra Pradesh having regard to the transfer of territories from the State of Madras to the State of Andhra Pradesh, shall be recognised as an advocate entitled to practise in the High Court of Andhra Pradesh.

19. Extension of jurisdiction of, and transfer of proceedings to Madras High Court.

19. Extension of jurisdiction of, and transfer of proceedings to Madras High Court.—(1) Except as hereinafter provided,—

(a) the jurisdiction of the High Court at Madras shall, as from the appointed day, extend to the territories specified in the Second Schedule; and

(b) the High Court of Andhra Pradesh shall, as from that day, have no jurisdiction in respect of the said territories.

(2) Such proceedings pending in the High Court of Andhra Pradesh immediately before the appointed day as are certified by the Chief Justice of the 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 at Madras shall, as may be after such certification, be transferred to the High Court at Madras.

(3) Notwithstanding anything contained in sub-sections (1) and (2) but save as hereinafter provided, the High Court of Andhra Pradesh shall have, and the High Court at Madras shall not have, jurisdiction to entertain, hear or dispose of appeals, applications for leave to appeal 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 of Andhra Pradesh before the appointed day:

Provided that if, after such proceedings have been entertained by the High Court of Andhra Pradesh, it appears to the Chief Justice of that High Court that they ought to be transferred to the High Court at Madras, 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 of Andhra Pradesh—

(a) before the appointed day in any proceedings transferred to the High Court at Madras by virtue of sub-section (2), or

(b) in any proceedings with respect to which the High Court of Andhra Pradesh retains jurisdiction by virtue of sub-section (3),

shall, for all purposes, have effect, not only as an order of the High Court of Andhra Pradesh, but also as an order made by the High Court of Madras.

(5) Subject to any rule made or direction given by the High Court at Madras, any such person who immediately before the appointed day is an advocate entitled to practise in the High Court of Andhra Pradesh as may be specified in this behalf by the Chief Justice of the High Court at Madras having regard to the transfer of territories from the State of Andhra Pradesh to the State of Madras shall be recognised as an advocate entitled to practise in the High Court at Madras.

20. Right to appear or act in any proceedings, transferred under Section 18 or Section 19.

20. Right to appear or act in any proceedings, transferred under Section 18 or Section 19.—Any person who immediately before the appointed day is an advocate entitled to practise, or an attorney entitled to act, in the High Court of Andhra Pradesh or the High Court at Madras and was authorised to appear or to act in any proceedings transferred under Section 18 or Section 19 shall have the right to appear, or to act, as the case may be, in the High Court to which the proceedings have been transferred, in relation to those proceedings.

21. Interpretation.

21. Interpretation.— For the purposes of Sections 18 and 19,—

(a) proceedings shall be deemed to be pending in the High Court of Andhra Pradesh or the High Court at Madras until that Court has disposed of all issues between the parties, including any issue 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;

(b) references to the High Court of Andhra Pradesh or the High Court at Madras 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.

Part V

AUTHORISATION OF EXPENDITURE

22. Appropriation of moneys for expenditure in transferred territories under existing appropriation Acts.

22. Appropriation of moneys for expenditure in transferred territories under existing appropriation Acts.—(1) As from the appointed day, an Act passed by the Legislature of the State of Andhra Pradesh or Madras before that day for the appropriation of any moneys out of the Consolidated Fund of the State to meet any expenditure in respect of any part of the financial year 1959-60 shall have effect also in relation to the territories transferred to that State by the provisions of Part II and it shall be lawful for the State Government to spend any amount in those territories out of the amount authorised by such Act to be expended for any service in that State.

(2) The Governor of Andhra Pradesh or of Madras may, after the appointed day, authorise such expenditure from the Consolidated Fund of the State as he deems necessary for any purpose or service in the territories transferred to that State for a period of not more than three months beginning with the appointed day pending the sanction of such expenditure by the Legislature of the State.

23. Reports relating to the accounts of Andhra Pradesh and Madras.

23. Reports relating to the accounts of Andhra Pradesh and Madras.—The reports of the Comptroller and Auditor-General of India referred to in clause (2) of Article 151 of the Constitution relating to the accounts of the State of Andhra Pradesh or Madras in respect of any period prior to the appointed day shall be submitted to the Governor of each of the States of Andhra Pradesh and Madras who shall cause them to be laid before the Legislature of the State.

24. Distribution of revenues.

24. Distribution of revenues.—Section 3 of the Union Duties of Excise (Distribution) Act, 1957, Sections 3 and 5 of the Estate Duty and Tax on Railway Passenger Fares (Distribution) Act, 1957, Section 4 of and the Second Schedule to the Additional Duties of Excise (Goods of Special Importance) Act, 1957 and paragraphs 3 and 5 of the Constitution (Distribution of Revenues) No. 2 Order, 1957, shall, as from the appointed day, have effect subject to such modifications as the President may, by order published in the Official Gazette, specify having regard to the transfer of territories effected by the provisions of Part II of this Act.

Part VI

APPORTIONMENT OF ASSETS AND LIABILITIES

25. Land and goods.

25. Land and goods.—(1) Subject to the other provisions of this Part, all lands and all stores, articles and other goods, including cash balances in all treasuries in the territories specified in the First Schedule or the Second Schedule shall, as from the appointed day, pass to the State to which the territories are transferred.

(2) In this section, the expression “Land” includes immovable property of every kind and any rights in or over such property.

26. Arrears of taxes.

26. Arrears of taxes.—The right of Andhra Pradesh or Madras to recover arrears of any tax or duty on property situate in the transferred territories including land revenue, or to recover arrears or any other tax or duty in any case where the place of assessment of that tax or duty is in the transferred territories shall belong to the State to which the territories are transferred.

27. Right to recover loans and advances.

27. Right to recover loans and advances.—The right to recover any loans or advances made before the appointed day by Andhra Pradesh or Madras to any local body, society, agriculturist or other person in the transferred territories shall belong to the State to which the territories are transferred.

28. Refund of taxes collected in excess.

28. Refund of taxes collected in excess.—The liability of Andhra Pradesh or Madras to refund any tax or duty on property situate in the transferred territories, including land revenue, collected in excess shall be the liability of the State to which the territories are transferred, and the liability of Andhra Pradesh or Madras to refund any other tax or duty collected in excess in any case where the place of assessment of that tax or duty is in the transferred territories shall also be the liability of the State to which those territories are transferred.

29. Deposits.

29. Deposits.—The liability of Andhra Pradesh or Madras in respect of any civil deposit or local fund deposit made in the transferred territories shall, as from the appointed day, be the liability of the State to which the territories are transferred.

30. Provident funds.

30. Provident funds.—The liability of Andhra Pradesh or Madras 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 State to which the Government servant is permanently allotted.

31. Pensions.

31. Pensions.—The liability of Andhra Pradesh or Madras in respect of pensions shall be apportioned between those States in such manner as may be agreed upon between them or in default of such agreement, in such manner as the President may, by notified order, specify having regard to the transfer of territories effected by this Act and the principles underlying the provisions of the Fifth Schedule to the States Reorganisation Act, 1956.

32. Contracts.

32. Contracts.—(1) Where, before the appointed day, the State of Andhra Pradesh or Madras has made any contract in the exercise of its executive power for any purposes of the State, that contract shall be deemed to have been made in the exercise of the executive power,—

(a) if such purposes are, as from that day, purposes relatable exclusively to the transferred territories of the State to which the territories are transferred; and

(b) in any other case, of the State which made the contract;

and all rights and liabilities which have accrued, or may accrue, under any such contract shall, to the extent to which they are rights or liabilities of the State which made the contract, be rights or liabilities of the State specified in clause (a) or clause (b) above.

(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 of 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 bank balances and securities shall, notwithstanding that they partake of the nature of contractual rights, be dealt with under those provisions.

33. Liability in respect of actionable wrong.

33. Liability in respect of actionable wrong.—Where, immediately before the appointed day, the State of Andhra Pradesh or Madras is subject to any liability in respect of an actionable wrong, other than breach of contract, that liability shall,—

(a) if the cause of action arose wholly within the transferred territories, be a liability of the State to which they are transferred; and

(b) in any other case, continue to be a liability of the State which, immediately before that day, was subject to liability.

34. Liability as guarantor of Co-operative Societies.

34. Liability as guarantor of Co-operative Societies.—Where, immediately before the appointed day, the State of Andhra Pradesh or Madras is liable as guarantor in respect of any liability of a registered co-operative society, that liability shall,—

(a) if the area of the society's operations is limited to the transferred territories, be a liability of the State to which the territories are transferred; and

(b) in any other case, continue to be a liability of the State which, immediately before that day, was subject to such liability.

35. Items in suspense.

35. Items in suspense.—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.

36. Power of Central Government to order allocation or adjustment in certain cases.

36. Power of Central Government to order allocation or adjustment in certain cases.—Where either Andhra Pradesh or Madras becomes entitled to any property or obtains any benefits or becomes subject to any liability, and the Central Government, on a reference made within a period of three years from the appointed day by either of the States, is of opinion that it is just and equitable that that property or those benefits should be transferred to, or shared with, the other State or that a contribution towards that liability should be made by the other 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.

37. Certain expenditure to be charged on the Consolidated Fund.

37. Certain expenditure to be charged on the Consolidated Fund.— All sums payable by either Andhra Pradesh or Madras to the other State by virtue of the provisions of this Part shall be charged on the Consolidated Fund of the State by which such sums are payable.

Part VII

ADMINISTRATIVE PROVISIONS

38. Provision as to certain Financial Corporations.

38. Provision as to certain Financial Corporations.—(1) As from the appointed day, the Financial Corporation constituted under the State Financial Corporations Act, 1951, for the State of Andhra Pradesh shall be deemed to have been constituted for that State with its area as altered by the provisions of Part II of this Act.

(2) As from the appointed day, the Madras Industrial Investment Corporation constituted for the State of Madras shall be deemed to have been constituted for that State with its area as altered by the provisions of Part II of this Act.

39. Amendment of Act 6 of 1942.

39. Amendment of Act 6 of 1942.—In the Multi-Unit Co-operative Societies Act, 1942, in Section 5-A, in sub-section (1), for the words and figures “any co-operative society which, immediately before the 1st day of November, 1956”, the words “or any other enactment relating to reorganisation of States, any co-operative society which, immediately before the day on which the reorganisation takes place” shall be substituted.

40. Provisions as to State Electricity Boards and apportionment of their assets and liabilities.

40. Provisions as to State Electricity Boards and apportionment of their assets and liabilities.—(1) As from the appointed day, the State Electricity Boards constituted under the Electricity (Supply) Act, 1948, for the States of Andhra Pradesh and Madras shall be deemed to have been constituted for those States with their areas as altered by the provisions of Part II of this Act.

(2) The undertakings and assets of a State Electricity Board referred to in sub-section (1), situated in the territories specified in the First Schedule or, as the case may be, the Second Schedule shall, as from the appointed day, pass to the State to which the territories are transferred.

(3) Subject to the provisions of sub-section (2), the assets and liabilities of the State Electricity Boards referred to in sub-section (1) shall be apportioned between them in such manner as may be agreed upon between the Governments of Andhra Pradesh and Madras within one year from the appointed day, or in default of such agreement, as the Central Government may by order determine.

(4) Notwithstanding anything contained in sub-section (2), the arrangement which, immediately before the appointed day, was in force in regard to the generation or supply of electric power for the territories specified in the First Schedule or the Second Schedule shall continue to be in force after the appointed day on such terms and conditions and for such period as may be agreed upon between the Governments of Andhra Pradesh and Madras, or, in default of such agreement, as the Central Government may by order direct.

41. Special provisions with regard to Araniar Project.

41. Special provisions with regard to Araniar Project.—(1) Notwithstanding anything contained in this Act, all rights and liabilities of the State of Madras in relation to the Araniar Project or the administration thereof shall, on the appointed day, be the rights and liabilities of the States of Andhra Pradesh and Madras, subject to such adjustments as may be made by agreement entered into by the said States or, if no such agreement is entered into within a period of one year from the appointed day, as the Central Government may by order determine having regard to the purposes of the Project, and any such order may provide for the management of the Project jointly by the said States or otherwise:

Provided that the order so made by the Central Government may be varied by any subsequent agreement entered into by the States of Andhra Pradesh and Madras.

(2) An agreement or order referred to in sub-section (1) shall provide also for the rights and liabilities of the States of Andhra Pradesh and Madras in relation to any extension or further development of the Project after the appointed day.

(3) The rights and liabilities referred to in sub-sections (1) and (2) shall include—

(a) the rights to receive and to utilise water which may be available for distribution as a result of the Project; and

(b) the rights and liabilities in respect of the administration of the Project and the construction, maintenance and operation thereof;

but shall not include the rights and liabilities under any contract entered into before the appointed day by the Government of Madras.

(4) The Central Government may, from time to time, give such directions as may appear to it necessary generally in regard to any of the matters specified in the foregoing provisions of this section and in particular, for the completion of the Project and its operation and maintenance thereafter:

Provided that no such direction shall be issued or have effect after an agreement has been entered into by the States of Andhra Pradesh and Madras under sub-section (1) or after an order has been made by the Central Government under that sub-section, whichever is earlier.

42. Temporary provisions as to the continuance of certain existing road transport permits.

42. Temporary provisions as to the continuance of certain existing road transport permits.—Notwithstanding anything contained in Section 63 of the Motor Vehicles Act, 1939, a permit granted by the State Transport Authority of Andhra Pradesh or Madras or by any Regional Transport Authority in such State shall, if such permit immediately before the appointed day is valid and effective in any area within the transferred territories, be deemed to continue to be valid and effective in that area after that day 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 or any Regional Transport Authority in the State to which the territories are transferred for the purpose of validating it for use in such area:

Provided that the Central Government may, after consultation with the State Governments, add to, amend or vary the conditions attached to the permit by the authority by which the permit was granted.

43. Provisions relating to services.

43. Provisions relating to services.—(1) Every person, who, immediately before the appointed day, is serving in connection with the affairs of Andhra Pradesh or Madras shall, as from that day, continue so to serve, unless he is required by general or special order of the Central Government to serve provisionally in connection with the affairs of the other State.

(2) As soon as may be after the appointed day, the Central Government shall, by general or special order, determine the State to which every person provisionally allotted to Andhra Pradesh or Madras shall be finally allotted for service and the date from which such allotment shall take effect or be deemed to have taken effect.

(3) Every person who is finally allotted under the provisions of sub-section (2) to Andhra Pradesh or Madras shall, if he is not, already serving therein, be made available for serving in that State from such date as may be agreed upon between the two State Governments or in default of such agreement, as may be determined by the Central Government.

(4) Nothing in this section shall be deemed to affect, after the appointed day, the operation of the provisions of Chapter I of Part XIV of the Constitution in relation to the determination of the conditions of service of persons serving in connection with the affairs of Andhra Pradesh or Madras:

Provided that the conditions of service applicable immediately before the appointed day to the case of any person provisionally or finally allotted to Andhra Pradesh or Madras under this section shall not be varied to his disadvantage except with the previous approval of the Central Government.

(5) The Central Government may at any time before or after the appointed day give such directions to either State Government as may appear to it to be necessary for the purpose of giving effect to the foregoing provisions of this section and the State Government shall comply with such directions.

44. Provisions as to the continuance of officers in the same posts.

44. Provisions as to the continuance of officers in the same posts.—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 Andhra Pradesh or Madras in any area which on that day falls within the other State shall continue to hold the same post or office in the State in which such area is included on that day and shall be deemed as from that day to have been duly appointed to that post or office by the Government of, or other appropriate authority in, such State:

Provided that nothing in this section shall be deemed to prevent the competent authority, after the appointed day, from passing in relation to such person any order affecting his continuance in such post or office.

Part VIII

LEGAL AND MISCELLANEOUS PROVISIONS

45. Territorial extent of laws.

45. Territorial extent of laws.—The provisions of Section 3 shall not be deemed to have effected any change in the territories to which any law in force immediately before the appointed day extends or applies, and territorial references in any such law to Andhra Pradesh or Madras shall, until otherwise provided by a competent legislature or other competent authority, be construed as meaning the territories within that State immediately before the appointed day.

46. Power to adopt laws.

46. Power to adopt laws.—For the purpose of facilitating the application of any law in relation to Andhra Pradesh or Madras, the appropriate Government may, before the expiration of one year from the appointed 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 authority or competent legislature.

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, the State Government.

47. Power to construct laws.

47. Power to construct laws.—Notwithstanding that no provision or insufficient provision has been made for the adaptation of a law made before the appointed day, any Court, tribunal or authority, required or empowered to enforce such law may, for the purpose of facilitating its application in relation to Andhra Pradesh or Madras, 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.

48. Power to name authorities etc., for exercising statutory functions.

48. Power to name authorities etc., for exercising statutory functions.—The Government of the State of Andhra Pradesh or Madras, as respects any territory transferred to that State by the provisions of Part II, may, by notification in the Official Gazette, specify the authority, officer or person who, as from 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.

49. Legal proceedings.

49. Legal proceedings.—Where immediately before the appointed day, the State of Andhra Pradesh or Madras is a party to any legal proceedings with respect to any property, rights or liabilities transferred to the other State under this Act, the other State shall be deemed to be substituted for the State from which such property, right or liabilities are transferred as a party to those proceedings, or added as a party thereto, as the case may be, and the proceedings may continue accordingly.

50. Transfer of pending proceedings.

50. Transfer of pending proceedings.—(1) Every proceeding pending immediately before the appointed day before a Court (other than a High Court), tribunal, authority or officer in any area which on that day falls within the State of Andhra Pradesh or Madras shall, if it is a proceeding relatable exclusively to any part of the territories which as from that day are the territories of the other State, stand transferred to the corresponding court, tribunal, authority or officer in the other State.

(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 having jurisdiction in respect of the area in which the Court, tribunal, authority or officer before which, or before whom, such proceeding is pending on the appointed day, is functioning 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 a State means —

(i) the court, tribunal, authority or officer in which, or before whom the proceeding would have lain if the proceeding 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 before the appointed day by the Government of the other State, to be the corresponding court, tribunal, authority or officer.

51. Right of pleaders to practise in certain courts.

51. Right of pleaders to practise in certain courts.—Any person who, immediately before the appointed day, is enrolled as a pleader entitled to practise in any subordinate courts in the transferred territories shall, for a period of six months 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 another State.

52. Effect of provisions inconsistent with other laws.

52. Effect of provisions inconsistent with other laws.—The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law.

53. Power to remove difficulties.

53. 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.

54. Power to make rules.

54. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette, make rules to give effect to the provisions of this Act.

(2) Every rule made under this section shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or [ii][in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid], both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

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