Andhra Pradesh Reorganisation Act, 2014

For reorganisation of the existing State of Andhra Pradesh into new States of Telangana and Andhra Pradesh.

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—

Statement of Objects and Reasons.—The creation of a separate State of Telangana for the betterment of the social, economic, political and other aspirations of the people of that region has been a long standing demand. Pursuant thereto, the Government of India on 9th December, 2009 announced that the process for formation of a separate State of Telangana would be initiated. After wide-ranging consultations on 3rd October, 2013, the Government of India decided to bifurcate the existing State of Andhra Pradesh.

2. The Andhra Pradesh Reorganisation Bill, 2014 seeks to give effect to the aforesaid decision. It aims at reconstituting the existing State of Andhra Pradesh into two separate States, namely the State of Andhra Pradesh and the State of Telangana. The proposed reorganisation will meet the democratic aspirations of the people of Telangana region and ensure peace, goodwill, progress and prosperity among all the sections of the people of both successor States.

3. The salient features of the said Bill, inter alia, are as follows—

(a) it provides for the territories of the two successor State of Andhra Pradesh and Telangana, and necessary provisions relating to representation in Parliament and State Legislatures, distribution of revenues, apportionment of assets and liabilities, mechanisms for the management and development of water resources, power and natural resources and other matters;

(b) it makes provisions for the maintenance of law and order to ensure peace and harmony in all regions and districts of the two successor States after the appointed day;

(c) it provides that Hyderabad in the existing State of Andhra Pradesh shall be the common capital of both the successor States from the appointed day for a period not exceeding ten years, and puts in place legal and administrative measures to ensure that both the State Governments can function efficiently from the common capital which includes the area notified as Greater Hyderabad Municipal Corporation under the Hyderabad Municipal Corporation Act, 1955;

(d) it makes provisions casting responsibility on the Central Government to assist the successor State of Andhra Pradesh in identification of its new capital and to assist that State financially in the creation of essential facilities in the new capital;

(e) it further makes provisions casting responsibility on the Central Government to promote industrialisation and economic growth in both the successor States through fiscal measures as well as through other programmes for the development of backward areas, in particular Rayalaseema and the north coastal regions of the successor State of Andhra Pradesh, by special development package to be given by the Central Government after having due regard to the resources available to the successor State of Andhra Pradesh;

(f) it declares that the Polavaram irrigation project will be a national project which would be executed by the Central Government expeditiously;

(g) it enables the Central Government to expeditiously provide for the industrialisation as well as infrastructure development relating to education, power, port, airports, road transport and railways for the progress and sustainable development of both the successor States.

4. The Bill seeks to achieve the aforesaid objectives.

Part I

PRELIMINARY

1. Short title.

1. Short title.—This Act may be called the Andhra Pradesh Reorganisation Act, 2014.

2. Definitions.

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

(a) “appointed day” means the day[i] 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.

Part II

REORGANISATION OF THE STATE OF ANDHRA PRADESH

3. Formation of Telangana State.

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, Rangareddi, Nalgonda, Mahbubnagar, [ii][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.

 

Other Contents of Andhra Pradesh Reorganisation Act, 2014​
Sections 1 to 29 Sections 30 to 67 Sections 68 to 108 Schedules I and II Schedules III to VIII Schedules IX to XIII

 

4. State of Andhra Pradesh and territorial divisions thereof.

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.

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.

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 Re-organisation Act, 2014.

7. Governor of existing State of Andhra Pradesh to be common Governor.

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.

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.

(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.

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.

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.

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.

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.

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.

The House of the People

14. Representation in 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.

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.

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.

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) 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.

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 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.

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.

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.

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 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.

(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.

23. Provisions as to Legislative Councils.—(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.

(2) In the Representation of the People Act, 1950 (43 of 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
“7-A. 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. Amendment of Delimitation of Council Constituencies Order.

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.

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.

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.

(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. Power of Election Commission to maintain Delimitation Orders up-to date.

27. Power of Election Commission to maintain Delimitation Orders up-to date.—(1) The Election Commission may, from time to time, by notification in the Official Gazette,—

(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. Amendment of Scheduled Castes Order.

28. Amendment of Scheduled Castes Order.—On and from the appointed day, the Constitution (Scheduled Castes) Order, 1950 (C.O. 19), shall stand amended as directed in the Fifth Schedule to this Act.

29. Amendment of Scheduled Tribes Order.

29. Amendment of Scheduled Tribes Order.—On and from the appointed day, the Constitution (Scheduled Tribes) Order, 1950 (C.O. 22), shall stand amended as directed in the Sixth Schedule to this Act.

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