Andhra State Act, 1953
Act No. 30 of 1953
[14th September, 1953]
An Act to provide for the formation of the State of Andhra, the increasing of the area of the State of Mysore and the diminishing of the area of the State of Madras, and for matters connected therewith
Be it enacted by Parliament as follows:—
Part I
PRELIMINARY
1. Short title and commencement.
1. Short title and commencement.—(1) This Act may be called the Andhra State Act, 1953.
(2) This Part and Sections 43, 54, 58, 61, 62, 63, 64, 66 and 69 shall come into force at once, and all other provisions of this Act shall come into force on the 1st day of October, 1953.
2. Definitions.
2. Definitions.—In this Act, unless the context otherwise requires,—
(a) “appointed day” means the 1st day of October, 1953;
(b) “article” means an article of the Constitution;
(c) “Assembly constituency”, “Council constituency” and “Parliamentary constituency” have the same meaning as in the Representation of the People Act, 1950 (43 of 1950);
(d) “law” includes any enactment, ordinance, regulation, order, by-law, rule, scheme, notification or other instrument having the force of law in the whole or in any part of the State of Madras or Mysore as constituted immediately before the appointed day;
(e) “Order” means an Order published in the Official Gazette;
(f) “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;
(g) “transferred territory” means the territory added to the State of Mysore by sub-section (1) of Section 4.
Part II
FORMATION OF ANDHRA STATE AND TRANSFER OF TERRITORY FROM MADRAS TO MYSORE
3. Formation of Andhra State.
3. Formation of Andhra State.—(1) As from the appointed day, there shall be formed a Part A State to be known as the State of Andhra comprising the territories which immediately before that day were comprised in Srikakulam, Visakhapatnam, East Godavari, West Godavari, Krishna, Guntur, Nellore, Kurnool, Anantapur, Cuddapah and Chittoor Districts and in the Alur, Adoni and Rayadrug Taluks of Bellary district in the State of Madras and the said territories shall thereupon cease to form part of the State of Madras.
(2) Without prejudice to the power of the State Government to alter hereafter the extent, boundaries and names of districts, the said taluks of Adoni shall be included in, and become part of Kurnool district, and the said taluk of Rayadrug shall be included in and become part of, Anantapur district.
| Other Contents of Andhra State Act, 1953 |
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| Sections 1 to 42 Sections 43 to 69 Schedules |
4. Transfer of territory from Madras to Mysore.
4. Transfer of territory from Madras to Mysore.—(1) As from the appointed day, there shall be added to the State of Mysore the territory which immediately before that day was comprised in the taluks of Bellary district other than Alur, Adoni and Rayadrug in the State of Madras, and the said territory shall thereupon cease to form part of the State of Madras.
(2) Without prejudice to the power of the State Government to alter hereafter the extent, boundaries and names of districts, the transferred territory shall form a separate district to be known as Bellary district.
5. Amendment of the First Schedule to the Constitution.
5. Amendment of the First Schedule to the Constitution.—In the First Schedule to the Constitution—
(a) in Part A, entries 1 to 9 shall be renumbered as entries 2 to 10 respectively, and before entry 2 as so renumbered, the entry “1. Andhra” shall be inserted;
(b) in Part A, in the description of the territories of States—
(i) before the paragraph relating to the territory of the State of Assam, the following paragraph shall be inserted, namely:—
“The territory of the State of Andhra shall comprise the territories specified in sub-section (1) of Section 3 of the Andhra State Act, 1953”; and
(ii) at the end of the last paragraph, the following shall be added, namely:—
“but in the case of the State of Madras shall not include the territories specified in sub-section (1) of Section 3 and sub-section (1) of Section 4 of the Andhra State Act, 1953”; and
(c) in Part B, at the end of the paragraph containing the description of the Territories of States, the following shall be added, namely:—
“and in the case of the State of Mysore shall also comprise the territories specified in sub-section (1) of Section 4 of the Andhra State Act, 1953”
Part III
REPRESENTATION IN THE LEGISLATURES
Council of States
6. Representation in the Council of States.
6. Representation in the Council of States.—The number of seats allotted to the State of Madras in the Council of States shall be reduced from 27 to 18, and there shall be allotted 12 seats to the State of Andhra in the said Council.
7. Amendment of the Fourth Schedule to the Constitution.
7. Amendment of the Fourth Schedule to the Constitution.—In the Fourth Schedule to the Constitution—
(a) in the Table of Seats relating to the States specified in Part A of the First Schedule—
(i) entries 1 to 9 shall be renumbered as entries 2 to 10 respectively;
(ii) before entry 2 as so renumbered, the entry “1. Andhra ……………….12” shall be inserted;
(iii) in column 2, for the figures “27” and “145” the figures “18” and “148” shall respectively be substituted;
(b) at the end of the Table of Seats, for the figures “204” the figures “207” shall be substituted.
8. Allocation of sitting members.
8. Allocation of sitting members.—The nine sitting members of the Council of States representing the State of Madras whose names are specified in Part I of the First Schedule shall be deemed to have been elected by the elected Members of the Legislative Assembly of Andhra to fill nine of the seats allotted to the State of Andhra in the Council of States; and the remaining eighteen sitting members whose names are specified in Part II of that Schedule shall continue to be members of the Council of States representing the State of Madras.
9. Bye-election to fill vacancies.
9. Bye-election to fill vacancies.—As soon as may be after the appointed day, there shall be held a bye-election to fill the vacancies existing on the appointed day in the seats allotted to the State of Andhra in the Council of States.
10. Term of office.
10. Term of office.—(1) Except as provided in sub-section (2), the terms of office of the members specified in the First Schedule shall remain unaltered, that is to say, as indicated in that Schedule.
(2) The term of office—
(a) of one of the two members specified against serial numbers 4 and 5 in Part I of the First Schedule shall be increased so as to expire on the 2nd day of April, 1958, and
(b) of one of the seven members specified against serial numbers 7 to 13 in Part II of that Schedule shall be reduced so as to expire on the 2nd April, 1954.
(3) The member whose term of office is to be increased under clause (a) of sub-section (2) and the member whose term of office is to be reduced under clause (b) of that sub-section shall be determined as soon as may be after the appointed day by lot drawn in such manner as the Chairman of the Council of States may direct.
(4) The term of officer of each of the three members to be elected by the elected members of the Legislative Assembly of Andhra under Section 9 shall expire on the 2nd day of April, 1956.
House of the People
11. Representation in the House of the People.
11. Representation in the House of the People.—(1) The number of seats allotted in the House of the People to the State of Madras shall be reduced from 75 to 46, the number of seats allotted to the State of Mysore shall be increased from 11 to 12, and there shall be allotted 28 seats to the State of Andhra in that House.
(2) In the First Schedule to the Representation of the People Act, 1950 (43 of 1950)—
(a) in the Part relating to Part A States,—
(i) entries 1 to 9 shall be renumbered as entries 2 to 10 respectively, and before entry 2 as so renumbered, the following entry shall be inserted, namely:—
“1. Andhra……………..28”; and
(ii) for the entry in column 2 against Madras, the entry “46” shall be substituted; and
(b) in the Part relating to Part B States, for the entry in column 2 against Mysore, the entry “12” shall be substituted.
12. Delimitation of constituencies.
12. Delimitation of constituencies.—The Delimitation of Parliamentary and Assembly Constituencies (Madras) Order, 1951 and the Delimitation of Parliamentary and Assembly Constituencies (Mysore) Order, 1951 shall, until other provision is made by law, have effect subject to the modifications directed by the Second Schedule.
13. Provision as to sitting members.
13. Provision as to sitting members.—Every sitting member of the House of the People representing a constituency which on the appointed day by virtue of the provisions of Section 12 stands transferred, whether with or without alteration of boundaries, to the State of Andhra or to the State of Mysore, shall be deemed to have been elected to the House of the People by that constituency as so transferred.
14. Electoral rolls for modified Parliamentary constituencies.
14. Electoral rolls for modified Parliamentary constituencies.—Where by virtue of the provisions of Section 12, the extent of a Parliamentary constituency has altered, the electoral roll for that constituency as so altered shall, as from the appointed day and until it is revised in accordance with law, be deemed to consist of constituency or constituencies as relate to the areas comprised with the constituency as so altered.
Legislative Assemblies
15. Strength of Legislative Assemblies.
15. Strength of Legislative Assemblies.—(1) The total number of seats to be filled by persons chosen by direct election—
(a) in the Legislative Assembly of Andhra, shall be 140,
(b) in the Legislative Assembly of Madras, shall be reduced from 375 to 230, and
(c) in the Legislative Assembly of Mysore, shallbe increased from 99 to 104.
(2) In the Second Schedule to the Representation of the People Act, 1950 (43 of 1950)—
(a) in the Part relating to Part A States,—
(i) entries 1 to 9 shall be renumbered as entries 2 to 10 respectively and before entry 2 as so renumbered, the following entry shall be inserted, namely:—
“1. Andhra…………………….140”; and
(ii) for the entry in column 2 against Madras, the entry “230” shall be substituted; and
(b) in the Part relating to Part B States, for the entry in column 2 against Mysore, the entry “104” shall be substituted.
16. Allocation of members.
16. Allocation of members.—(1) Every sitting member of the Legislative Assembly of Madras representing a constituency which on the appointed day by virtue of the provisions of Section 12 stands transferred, whether with or without alteration of boundaries, to the State of Andhra or to the State of Mysore shall, as from the appointed day, cease to be a member of the Legislative Assembly of Madras and shall be deemed to have been elected to the Legislative Assembly of Andhra or, as the case may be, of Mysore by that constituency as so transferred.
(2) The sitting member of the Legislative Assembly of Madras nominated to that Assembly under Article 333 to represent the Anglo-Indian community shall, notwithstanding the diminution in the area of that State, continue to represent the said community in that Assembly under that Article.
17. Duration of Legislative Assemblies.
17. Duration of Legislative Assemblies.—(1) The period of five years referred to in clause (1) of Article 172 shall, in the case of the Legislative Assembly of Andhra, be deemed to have commenced on the date on which it actually commenced in the case of the Legislative Assembly of Madras.
(2) The change in the composition of the Legislative Assemblies of Madras and Mysore shall not affect the duration of either of those Assemblies as provided under clause (1) of Article 172.
18. Electoral rolls for modified Assembly constituencies.
18. Electoral rolls for modified Assembly constituencies.—Where by virtue of the provisions of Section 12 the extent of an Assembly constituency has altered, the electoral roll for that constituency as so altered shall, as from the appointed day and until it is revised in accordance with law, be deemed to consist of so much of the electoral roll or rolls for any Assembly constituency or constituencies as relate to the areas comprised within the constituency as so altered.
Legislative Councils
19. Madras Legislative Council.
19. Madras Legislative Council.—(1) In the Legislative Council of Madras there shall be 51 seats of which—
(a) the numbers to be filled by persons elected by the electorates referred to in sub-clause (a), (b) and (c) of clause (3) of Article 171 shall be 14, 4 and 4 respectively;
(b) the number to be filled by persons elected by the members of the Legislative Assembly of Madras in accordance with the provisions of sub-clause (d) of the said clause shall be 18; and
(c) the number to be filled by persons nominated by the Governor of Madras in accordance with the provisions of sub-clause (e) of the said clause shall be 11;
Provided that as from the 21st day of April, 1954—
(a) the number of seats to be filled by persons elected by the electorates referred to in sub-clause (b) of clause (3) of Article 171 shall be increased to 6, and
(b) the number of seats to be filled by persons referred to in clause (c) of this sub-section shall be reduced to 9.
(2) The two additional seats allotted under clause (a) of the proviso to sub-section (1) shall, for the purpose of filling them for the first time, be deemed to be seats rendered vacant by the members of the Legislative Council of Madras retiring on the expiration of their terms of office on the 20th day of April, 1954.
(3) The Third Schedule to the Representation of the People Act, 1950 (43 of 1950) shall,—
(a) as from the 21st day of April, 1954, stand amended as follows:—
For the entry relating to Madras, the entry—
“3. Madras 51 14 4 4 18 11” shall be substituted.
(b) as from the 21st day of April, 1954, stand amended as follows:—
For the entry relating to Madras, the entry—
“3. Madras 51 14 6 4 18 9” shall be substituted.
20. Madras Council constituencies.
20. Madras Council constituencies.—The Delimitation of Council Constituencies (Madras) Order, 1951, shall, until other provision is made by law, have effect subject to the modifications directed by the Third Schedule:
Provided that as from the 21st day of April, 1954, the Table appended to paragraph 2 of that Order shall have effect subject to the further modification that for the entry in column 3 thereof against “Madras (Graduates)” constituency the entry “6” shall be substituted.
21. Members of the Madras Legislative Council and their terms of office.
21. Members of the Madras Legislative Council and their terms of office.—(1) The sitting members of the Legislative Council of Madras whose names are not specified in the Fourth Schedule shall, on the appointed day, cease to be members of that Council.
(2) The sitting members of the Legislative Council representing the Madras South (Graduates) constituency and the Madras South (Teachers) constituency shall, as from the appointed day, be deemed to have been elected to the Legislative Council of Madras by the Madras (Graduates) constituency and the Madras (Teachers) constituency respectively.
(3) The terms of office of those sitting members who do not cease to be members of the Legislative Council on the appointed day shall be determined in accordance with the provisions contained in the Fourth Schedule.
22. Mysore Legislative Council.
22. Mysore Legislative Council.—(1) The Delimitation of Council Constituencies (Mysore) Order, 1951, shall, until other provision is made by law, have effect subject to the modification directed by the Fifth Schedule.
(2) Any reference in the said Order to the State of Mysore shall be construed as including the territory added to that State by sub-section (1) of Section 4.
(3) The sitting members of the Legislative Council of Mysore representing the Chitaldrug (Local Authorities) constituency shall, as from the appointed day, be deemed to have been elected to that Council by the Chitaldrug-cum-Bellary (Local Authorities) constituency.
(4) Every sitting member of the Legislative Council of Mysore representing the Mysore (Graduates) constituency or the Mysore (Teachers) constituency, the boundaries of which are by virtue of the provisions of sub-section (2) altered, shall as from the appointed day, be deemed to have been elected to the said Council by that constituency as so altered.
23. Electoral rolls for modified Council constituencies.
23. Electoral rolls for modified Council constituencies.—As soon as may be after the appointed day, the electoral rolls for the Mysore (Graduates) constituency and the Mysore (Teachers) constituency shall be revised and an electoral roll shall be prepared for the Chitaldrug-cum-Bellary (Local Authorities) constituency of the Mysore Legislative Council in accordance with the provisions of the Representation of the People Act, 1950 (43 of 1950), and the rolls so revised or prepared shall come into force immediately upon their final publication in accordance with the rules made under that Act.
Miscellaneous
24. Revision of the Scheduled Castes and Scheduled Tribes Orders.
24. Revision of the Scheduled Castes and Scheduled Tribes Orders.—The Constitution (Scheduled Castes) Order, 1950, and the Constitution (Scheduled Tribes) Order, 1950, shall have effect subject to the modification directed by the Sixth Schedule.
25. Rules of Procedure of the Andhra Legislative Assembly.
25. Rules of Procedure of the Andhra Legislative Assembly.—The rules as to procedure and conduct of business in force immediately before the appointed day with respect to the Legislative Assembly of the State of Madras shall, until rules are made under clause (1) of Article 208, have effect in relation to the Legislative Assembly of the State of Andhra subject to such modification and adaptations as may be made therein by the Speaker thereof.
26. Amendment of Section 2, Act 43 of 1950.
26. Amendment of Section 2, Act 43 of 1950.—Section 2 of the Representation of the People Act, 1950, shall be renumbered as sub-section (1) of Section 2 and to the said section as so renumbered, the following sub-section shall be added, namely:—
“(2) Any reference in this Act to an order made under Section 6, Section 9 or Section 11 shall, unless the context otherwise requires, be construed as including a reference to any such order as modified under Section 12, Section 20 or Section 22, as the case may be, of Andhra State Act, 1953.”
27. Amendment of Section 9, Act 81 of 1952.
27. Amendment of Section 9, Act 81 of 1952.—In sub-section (3) of Section 9 of the Delimitation Commission Act, 1952, for the words “and the orders made under either of the said Acts” the following shall be substituted, namely:—
“the Andhra State Act, 1953, and the orders made under any of the said Acts”.
Part IV
HIGH COURTS
28. High Court for Andhra.
28. High Court for Andhra.—(1) As from the 1st day of January, 1956, or such earlier date as may be appointed under sub-section (2), there shall be a separate High Court for the State of Andhra (hereinafter referred to as “the High Court of Andhra”).
(2) The President may, if a resolution recommending the establishment of a separate High Court for the State of Andhra has, after having been adopted by the Legislative Assembly of the State, been submitted to him, appoint, by notification in the Official Gazette, a date earlier than the 1st day of January, 1956, for the purpose of sub-section (1).
(3) The date mentioned in sub-section (1) or, if an earlier date is appointed under sub-section (2), the date so appointed is hereinafter referred to as the “prescribed day”.
(4) The principal seat of the High Court of Andhra shall be at such place as the Governor of Andhra may, before the prescribed day, by order, appoint:
Provided that if a resolution recommending any place for such principal seat is adopted by the Legislative Assembly of Andhra, such place shall be appointed by the Governor as the principal seat.
29. Judges of the Andhra High Court.
29. Judges of the Andhra High Court.—(1) Such of the Judges of the High court at Madras holding office immediately before the prescribed day as may be determined by the prescribed day as may be determined by the President shall on that cease to be Judges of the High Court at Madras and become Judges of the High Court of Andhra.
(2) The persons who by virtue of sub-section (1) become Judges of the High Court of Andhra shall, except in the case where any such person is appointed to be the Chief Justice of that High Court, rank in that Court according to the priority of their respective appointments as Judges of the High Court at Madras.
(3) Any person who by virtue of sub-section (1) becomes a Judge of the High Court of Andhra shall, except in the case where a Judge other than the Chief Justice of the High Court at Madras is appointed to be the Chief Justice of the High Court of Andhra, continue to be entitled to receive in respect of time spent on actual service as a Judge of the High Court of Andhra the special pay which he was drawing immediately before the prescribed day under sub-paragraph (2) of paragraph 10 of the Second Schedule to the Constitution.
30. Jurisdiction of Andhra High Court.
30. Jurisdiction of Andhra High Court.—The High Court of Andhra shall have, in respect of the territories for the time being included in the State of Andhra, all such original, appellate and other jurisdiction as, under the law in force immediately before the prescribed day, is exercisable in respect of the said territories or any part thereof by the High Court at Madras
31. Power to enrol advocates, etc.
31. Power to enrol advocates, etc.—(1) The High Court of Andhra shall have the like power to approve, admit, enrol, remove and suspend advocates and attorneys, and to make rules with respect to advocates and attorneys, as are, under the law in force immediately before the prescribed day, exercisable by the High Court at Madras.
(2) The right of audience in the High Court of Andhra shall be regulated in accordance with the like principles as, immediately before the prescribed day, are in force with respect to the right of audience in the High Court at Madras.
Provided that, subject to any rule made or direction given by the High Court of Andhra in the exercise of the powers conferred by this section, any person who immediately before the prescribed day is an advocate entitled to practise or an attorney entitled to act in the High Court at Madras shall be recognised as an advocate or attorney entitled to practise or to act, as the case may be, in the High Court of Andhra.
32. Practice and procedure in Andhra High Court.
32. Practice and procedure in Andhra High Court.—Subject to the provisions of this Part, the law in force immediately before the prescribed day with respect to practice and procedure in the High Court at Madras shall, with the necessary modification, apply in relation to the High Court of Andhra, and accordingly that High Court shall have all such powers to make rules and orders with respect to practice and procedure as are immediately before the prescribed day exercisable by the High Court at Madras:
Provided that any rules or order which are in force immediately before the prescribed day with respect to practice and procedure in the High Court at Madras shall, until varied or revoked by rules or orders made by the High Court of Andhra, apply with the necessary modifications in relation to practice and procedure in the High Court of Andhra as if made by that Court.
33. Custody of the Seal of the Andhra High Court.
33. Custody of the Seal of the Andhra High Court.—The law in force immediately before the prescribed day with respect to the custody of the Seal of High Court at Madras shall, with the necessary modifications, apply with respect to the custody of the Seal of the High Court of Andhra.
34. Form of writs and other processes.
34. Form of writs and other processes.—The law in force immediately before the prescribed day with respect to the from of writs and other process used, issued or awarded by the High Court at Madras shall, with the necessary modifications, apply with respect to the form or writs and other processes used, issued or awarded by the High Court of Andhra.
35. Power of Judges.
35. Power of Judges.—The law in force immediately before the prescribed day relating to the powers of the Chief Justice, single Judges and division Courts of the High Court at Madras and with respect to all matters ancillary to the exercise of those powers shall, with the necessary modifications, apply in relation to the High Court of Andhra.
36. The place of sitting of the High Court.
36. The place of sitting of the High Court.—The Judges and division Courts of the High Court of Andhra may sit at such place or places in the State of Andhra other than its principal seat as the Chief Justice may, with the approval of the Governor of Andhra, appoint.
37. Procedure as to appeals to the Supreme Court.
37. Procedure as to appeals to the Supreme Court.—The law in force immediately before the prescribed day relating to appeals to the Supreme Court from the High Court at Madras and the Judges and division Courts thereof shall, with the necessary modifications apply in relation tot he High Court of Andhra.
38. Transfer of proceedings from Madras High Court to Andhra High Court.
38. Transfer of proceedings from Madras High Court to Andhra High Court.—(1) Except as hereinafter provided, the High Court at Madras shall, as from the prescribed day, have no jurisdiction in respect of the State of Andhra.
(2) Such proceedings pending in the High Court at Madras immediately before the prescribed day as are certified, whether before or after that day, by the Chief Justice of that High Court having regard to the place of accrual of the cause of action and other circumstances to be proceedings which ought to be heard and decided by the High Court of Andhra shall as soon as may be after such certification be transferred to the High Court of Andhra.
(3) Notwithstanding anything contained in sub-sections (1) and (2) of this section or in Section 30, but save as hereinafter provided the High Court at Madras shall have, and the High Court of Andhra shall not have, jurisdiction to entertain, hear or dispose of appeals, applications for leave to appeal including 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 prescribed day:
Provided that if after any such proceedings have been entertained by the High Court at Madras, it appears to be Chief Justice of that High Court that they ought to be transferred to the High Court of Andhra 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 prescribed day, in any proceedings transferred to the High Court of Andhra 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, not only as an order of the High Court at Madras, but also as an order made by the High Court of Andhra.
39. Savings.
39. Savings.—Nothing in this Part shall affect the application to the High Court of Andhra of any provisions of the Constitution, and this Part shall have effect subject to any provision that may be made on or after the prescribed day with respect to that High Court by any Legislature or other authority having power to make such provision.
40. Transitional provisions.
40. Transitional provisions.—(1) The provisions of this section shall have effect with respect to the period beginning on the appointed day and ending immediately before the prescribed day.
(2) The jurisdiction of the High Court at Madras shall extend to the State of Andhra, and the said High Court shall, in relation to the territories of that State, continue to have such jurisdiction as it had immediately before the appointed day.
41. High Court for the added areas of Mysore.
41. High Court for the added areas of Mysore.—(1) Except as hereinafter provided—
(a) the jurisdiction of he High Court of Mysore shall, as from the appointed day, extend to the whole of the transferred territory, and
(b) the High Court at Madras shall, as from that day, have no jurisdiction in respect of the transferred territory.
(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 Mysore shall, as soon as may be after such certification, be transferred to the High Court of Mysore.
(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 Mysore shall not have, jurisdiction to entertain, hear or dispose of appeals, applications for leave to appeal including 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 any 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 Mysore 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 Mysore 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 on order of the High Court at Madras, but Court at Madras, but also as an order made by the High Court of Mysore.
(5) Any person who immediately before the appointed day is an advocate entitled to practise or an attorney entitled to act in the High Court at Madras and was authorized to appear or to act in any proceedings transferred from that High Court to the High Court of Mysore under sub-section (2) or the proviso to sub-section (3) shall, on such transfer of the proceedings have the right to appear or to act, as the case may be, in the High Court of Mysore in relation to those proceedings as an advocate or an attorney entitled to practise or to act in the High Court of Mysore.
42. Interpretation.
42. Interpretation.—For the purposes of Sections 38 and 41—
(a) proceedings shall be deemed to be pending in a Court until that Court has disposed of all issues between the parties, including any issues with respect to the taxation of the costs of the proceedings and shall include appeals, applications for leave to appeal to the Supreme Court, applications for review, petitions for revision and petitions for writs;
(b) references to a High Court shall be construed as including references to a Judge or divisions 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.
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