Part V
FINANCIAL PROVISIONS
43. Authorization of expenditure pending its sanction by Legislature.
43. Authorization of expenditure pending its sanction by Legislature.—(1) The Government of Madras may, at any time before the appointed day, authorize such expenditure from the Consolidated Fund of the State of Andhra and the Consolidated Fund of the State of Madras as he deems necessary for a period of not more than four months beginning with the appointed day pending the sanction of such expenditure by the Legislature of the State of Andhra or the State of Madras, as the case may be:
Provided that the Governor of Andhra may, after the appointed day, authorized such further expenditure as he deems necessary from the Consolidated Fund of the State of Andhra for any period not extending beyond the said period of four months.
(2) The Rajpramukh of Mysore may also, at any time before the appointed day, authorize such expenditure from the Consolidated Fund of the State of Mysore as he deems necessary for meeting the additional expenditure in respect of the transferred territory for a period of not more than four months beginning with the appointed day pending the sanction of such expenditure by the Legislature of the State.
44. Vote on account by the Madras Legislative Assembly.
44. Vote on account by the Madras Legislative Assembly.—Any grant made by the Legislative Assembly of Madras under sub-clause (a) of clause (1) of Article 206 in respect of the estimated expenditure for a part of the financial year 1953-54 and law made by the Legislature of that State authorizing the withdrawal of moneys from the Consolidated Fund of the State for the purposes for which the said grant has been made shall, notwithstanding that the procedure prescribed in Article 203 for the voting of such grant has not been completed and the law in accordance with the provisions of Article 204 in relation to such expenditure has not been passed before the appointed day, be deemed to be sufficient authority for all expenditure incurred before that day for the purposes for which the said grant has been made and for the withdrawal of moneys before that day from the Consolidated Fund of the State in relation to such expenditure.
45. Authorization under the Madras Appropriation Act to cease.
45. Authorization under the Madras Appropriation Act to cease.—As from the appointed day, any Act passed by the Legislature of Madras before that day for the appropriation of any money out of the Consolidated Fund of the State to meet any expenditure in respect of any part of the financial year 1953-54 shall cease to have effect.
| Other Contents of Andhra State Act, 1953 |
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| Sections 1 to 42 Sections 43 to 69 Schedules |
46. Reports relating to the accounts of Madras State.
46. Reports relating to the accounts of Madras State.—The reports of the Comptroller and Auditor General of India referred to in clause (2) of Article 151 relating to the accounts of the State of Madras in respect of any period prior to the appointed day shall be submitted to the Government of each of the States of Andhra and Madras who shall cause them to be laid before the Legislature or the State.
47. Apportionment of assets and liabilities.
47. Apportionment of assets and liabilities.—(1) Subject to the other provisions of this Part, the assets and liabilities of the State of Madras immediately before the appointed day shall be apportioned between that State and the State of Andhra and Mysore in accordance with the provisions contained in the Seventh Schedule.
(2) Any dispute relating to, or arising out of, such apportionment shall be referred to the President whose decision shall be final.
48. Contracts.
48. Contracts.—(1) Where before the appointed day the State of Madras has made any contract in the exercise of the executive power of that State for any purposes of the State, then such contract shall—
(a) if such purposes are as from that day—
(i) exclusively purposes of the State of Andhra, or
(ii) partly purposes of the State of Andhra and partly purposes of the State of Mysore and not purposes of the State of Madras as constituted on the appointed day,
be deemed to have been made in the exercise of the executive power of the State of Andhra instead of the State of Madras;
(b) if such purpose are as from that day exclusively purposes of the State of Mysore, be deemed to have been made in the exercise of the executive power of that State instead of the State of Madras; and
(c) in any other case, continue to have effect as having been made in the exercise of the executive power of the State of Madras.
and all rights and liabilities which have accrued or may accrue under any such contract shall, to the extent to which they would have been rights or liabilities of the State of Madras as constituted immediately before the appointed day, be rights or liabilities of the State of Andhra, the State of Mysore or the State of Madras, as the case may be.
(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 or 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 proceedings.
(3) This section shall have effect subject to the provisions relating to apportionment of liabilities in respect of liabilities in respect of loans, guarantees and other financial obligations contained in the Seventh Schedule; and bank balances and securities shall, notwithstanding that they partake of the nature of contractual rights, be dealt with under the said provisions.
49. Liability in respect of actionable wrong.
49. Liability in respect of actionable wrong.—Where immediately before the appointed day, the State of Madras is subject to any liability in respect of an actionable wrong other than breach of contract, that liability shall,—
(a) where the cause of action arose—
(i) wholly within the territories which as from that day are the territories of the State of Andhra, or
(ii) partly within the territories which as from that day are the territories of the State of Andhra and partly within the transferred territory but not within any part of the territories which as from that day are the territories of the State of Madras,
be a liability of the State of Andhra;
(b) where the cause of action arose wholly within the transferred territory, be a liability of the State of Mysore; and
(c) in any other case, continue to be a liability of the State of Madras.
50. Liability as guarantor.
50. Liability as guarantor.—If immediately before the appointed day, the State of Madras is liable as guarantor in respect of any liability of a Co-operative Society which is registered under the Madras Co-operative Societies Act, 1932 (Mad. 6 of 1932) and whose area of operations is limited to the whole or any part of the territories which on the appointed day become the territories of the State of Andhra, then as from that day the said liability of the State of Madras in respect of such guarantee shall be a liability of the State of Andhra.
51. Power of President to order allocation or adjustment in certain cases.
51. Power of President to order allocation or adjustment in certain cases.—Where by virtue of any of the provisions of Sections 47 to 50 or of the Seventh Schedule, any of the States of Madras, Andhra and Mysore becomes entitled to any property or obtains any other benefits or becomes subject to any liability, and the President is of opinion, on a reference made within a period of three years from the appointed day, by any State concerned, that it is just and equitable that that property or those benefits should be transferred to or shared with one or both of the other States, or a contribution towards that liability should be made by one or both of the other States, the said property or benefits shall be allocated in such manner, or the other State or States shall make to the State primary subject to the liability such contribution in respect thereof, as the President may, after consultation with the State Governments concerned, by order determine.
52. Certain expenditure to be charged on the Consolidated Fund of the State.
52. Certain expenditure to be charged on the Consolidated Fund of the State.—All sums payable by any of the States of Madras, Andhra and Mysore to any one of the other two States or to the Central Government by virtue of the provisions of paragraph 12 or paragraph 17 of the Seventh Schedule, shall be charged on the Consolidated fund of the State by which such sums are payable.
Part VI
LEGAL PROVISIONS
53. Territorial extent of laws.
53. Territorial extent of laws.—The provisions of Part II 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 the State of Madras or of Mysore shall, until otherwise provided by a competent Legislature or other competent authority, continue to have the same meaning.
54. Power to adapt laws.
54. Power to adapt laws.—For the purpose of facilitating the application in relation to the State of Andhra, Madras or Mysore of any law made before the appointed day, the appropriate Government may, before the 1st day of April, 1954, 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 Legislature or other competent authority.
Explanation.—In this section, the expression “appropriate Government” means as respects a law relating to a matter enumerated in List I of the Seventh Schedule to the Constitution, the Central Government, and as respects any other law, the State Government of Andhra, Madras or Mysore, as the case may be.
55. Power to construe laws.
55. Power to construe laws.—Notwithstanding that no provision or insufficient provision has been made under Section 54 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 the State of Andhra, Madras or Mysore, construe the law with such alterations not affecting the substance as may be necessary or proper to adapt it to the matter before the Court, tribunal or authority, as the case may be.
56. Power to name authorities, etc., for exercising statutory functions.
56. Power to name authorities, etc., for exercising statutory functions.—The Governor as respects the State of Andhra and the Rajpramukh as respects the transferred territory 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 an such law shall have effect accordingly.
57. Legal proceedings concerning the State of Madras.
57. Legal proceedings concerning the State of Madras.—Where immediately before the appointed day, the State of Madras is a party to any legal proceedings with respect to any property, rights or liabilities subject to apportionment between the State of Madras and the States of Andhra and Mysore under this Act, the State which succeeds to, or acquires a share in, that property or those rights or liabilities by virtue of any provision of this Act shall be deemed to be substituted for the State of Madras as a party to those proceedings or to be added as a party thereto, as the case may be, and the proceedings may continue accordingly.
58. Provisions as to certain pending proceedings.
58. Provisions as to certain pending proceedings.—(1) Every proceeding pending immediately before the appointed day before a Court (other than the High Court), tribunal, authority or officer—
(a) in any area which on that day falls within the State of Madras or the transferred territory shall, if it is a proceeding relating exclusively to any part of the territories which as from that day are the territories which as from that day are the territories of the State of Andhra, stand transferred to the corresponding Court, tribunal, authority or officer in the State of Andhra, or
(b) in any area which on that day falls within the State of Madras or the State of Andhra shall, if it is a proceeding relating exclusively to any part of the transferred territory, stand transferred to the corresponding Court, tribunal, authority or officer in the State of Mysore.
(2) If any question arises as to whether any proceeding should stand transferred under sub-section (1), it shall be referred for the decision of the Chief Justice of the High Court at Madras and his decision shall be final.
(3) In this section—
(a) “proceeding” includes any suit, case or appeal, and
(b) “corresponding Court tribunal authority or officer” in relation to a State means—
(i) the Court, tribunal, authority or officer in which 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 the State as may be determined, before the appointed day by the Government of Madras, and after the appointed day by the Governor or Rajpramukh of that State, to be the corresponding Court, tribunal, authority or officer.
Part VII
ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS
59. Provisions for detention in, and power to commit to, certain jails and other institutions.
59. Provisions for detention in, and power to commit to, certain jails and other institutions.—(1) The Government of Madras and the Government of Mysore shall, for a period of five years from the appointed day, make available to the Government of Andhra the jails and other institutions specified in Part I and Part II respectively of the Eighth Schedule for the reception and detention of persons committed to, or ordered to be detained in, such jails or institutions by any Court, tribunal or other authority in the State of Andhra.
(2) It shall be competent for a Court, tribunal or other authority in the State of Andhra to order the commitment to, or detention in, any of the jails and other institutions specified in the Eighth Schedule during the period referred to in sub-section (1) of persons convicted and sentenced, or ordered to be detained therein, by such Court, tribunal or other authority notwithstanding that such jail or institution is outside the State
(3) The terms and conditions subject to which the jails and other institution specified in the Eighth Schedule shall be used by the Government of Andhra for the purposes referred to in sub-section (1) shall be such as may be agreed upon between the Governments concerned by the 1st day of January, 1954, or, if no agreement is reached by the said date as may be fixed by order of the President.
60. Continuance of facilities in certain State institutions.
60. Continuance of facilities in certain State institutions.—The Government of Madras and the Government of Mysore, in respect of the institutions specified in Part I and Part II, respectively, of the Ninth Schedule shall provide for the Government and the people of the State of Andhra such facilities, for such period and upon such terms and conditions as may be agreed upon between the Governments concerned by the 1st day of January, 1954, or, if no agreement is reached by the said date, as may be fixed by order of the President.
61. Provisions relating to the Indian Administrative Service and the Indian Police Service.
61. Provisions relating to the Indian Administrative Service and the Indian Police Service.—(1) In place of the cadres of the Indian Administrative Service and the Indian Police Service existing in the State of Madras immediately before the appointed day, there shall, as from that day, be two separate cadres, one for the State of Andhra and the other for the State of Madras, in respect of each of these Services.
(2) The President shall, by order, determine the strength and composition of, and the allocation of individual officers to, the said cadres for each of the States of Andhra and Madras.
(3) Every officer allocated under sub-section (2) to the cadre for the State of Andhra who immediately before the appointed day is serving in connection with the affairs of the State of Madras shall,—
(a) if immediately before the appointed day he is holding any post in any area which on that day falls in the State of Andhra, be as from that day, deemed to have been duly appointed to that post by the Government of Andhra; and
(b) if immediately before the appointed day he is not holing any post in any such area, be appointed by the Governmetnt of Andhra to a post in connection with the affairs of that State.
62. Provisions relating to the Indian Civil Service, the Indian Police, the Indian Service of Engineers and the Indian Forest Service.
62. Provisions relating to the Indian Civil Service, the Indian Police, the Indian Service of Engineers and the Indian Forest Service.—(1) In respect of the members borne on the Madras cadre of the Services known as the Indian Civil Service, the Indian Police, the Indian Service of Engineers and the Indian Forest Service, the President shall, by order, determine the allocation of individual officers to the States of Andhra and Madras.
(2) Every officer allocated under sub-section (1) to the State of Andhra, who immediately before the appointed day, is serving in connection with the affairs of the State of Madras shall—
(a) if, immediately before the appointed day, he is holding any post in any area which on that day falls in the State of Andhra, be deemed, as from that day, to have been duly appointed to that post by the Government of Andhra; and
(b) if, immediately before the appointed day he is not holding any post in any such area, be appointed by the Government of Andhra to a post in connection with the affairs of that State.
63. Provisions relating to other Services.
63. Provisions relating to other Services.—(1) The President may by general order require all persons who immediately before the appointed day are serving in connection with the affairs of the State of Madras in the territories specified in sub-section (1) of Section 3 or in the transferred territory and who under the terms of their appointments or their conditions of service are not normally liable to be transferred outside the said territories or territory in which they are serving, to serve as from the appointed day in connection with the affairs of the State of Andhra or the State of Mysore, as the case may be, and all allocations so made by the President shall be final.
(2) The President may be special order require any person who is serving immediately before the appointed day in connection with the affairs of the State of Madras and to whom the provisions of sub-section (1) do not apply, to serve in connection with the affairs of the State of Andhra.
(3) Every person who is required to serve under sub-section (1) or sub-section (2) in connection with the affairs of the State of Andhra or the State of Mysore shall,—
(a) if immediately before the appointed day he is holding any post in connection with the affairs of the State of Madras in any area which on that day falls in the State in which he is so required to serve, be deemed as from that day to have been duly appointed to that post by the Government of, or by other appropriate authority in, the State concerned in connection with the affairs of that Sate; and
(b) if immediately before the appointed day he is not holding any post in any such area, be appointed by the Government of, or by other appropriate authority in, the State concerned, to a post in connection with the affairs of that State.
(4) All persons who are required by the President under sub-section (2) to serve in connection with the affairs of the State of Andhra shall be classified by him into the following two categories, namely:—
(i) officers whose allocation to the State of Andhra is final (hereinafter referred to in this section as “allotted officers”), and
(ii) officers required by the President to serve in connection with the affairs of the State of Andhra for a limited period as provided in sub-section (5) (hereinafter referred to in this section as “transferred officers”).
(5) The period for which a transferred officer may be required to serve in connection with the affairs of the State of Andhra shall be two years:
Provided that the Government of Andhra may return any such officer to the State of Madras at any time before the expiration of the said period after giving three months notice to him and to the Government of Madras.
(6) An officer shall be classified under sub-section (4) as an allotted officer or a transferred officer according as he is, or is not, in the opinion of the President, suitable for final allotment to the State of Andhra.
(7) A transferred officer shall, during the period he is required to serve in connection with the affairs of the State of Andhra,—
(a) continue to be in the service of the State of Madras and be deemed to be on deputation to the State of Andhra, and
(b) be entitled to the remuneration which he would have drawn if he had continued during such period to serve in connection with the affairs of the State of Madras, to such allowances as the President may by general or special order determine.
(8) A transferred officer shall not be dismissed, removed or reduced in rank except with the previous concurrence of the Government of Madras, and if the Government of Madras does not concur in any such proposal of the Government of Andhra, then the Government of Andhra shall notwithstanding anything contained in sub-section (5) return the officer concerned to the State of Madras.
(9) Subject to the provisions of sub-sections (7) and (8), the conditions of service of a transferred officer shall be the same as they would have been if he had continued to serve in connection with the affairs of the State of Madras during the period he is required to serve in connection with the affairs of the State of Andhra.
(10) The foregoing provisions of this section shall not apply in relation to any person to whom the provisions of Section 61 or Section 62 apply.
64. Power of President to give directions.
64. Power of President to give directions.—The President may give such directions to the States of Madras, Andhra and Mysore as may appear to him to be necessary for the purpose of giving effect to the provisions of Section 61, 62 and 63 and ensuring the proper divisions of services among those States.
65. Report of the Madras Public Service Commission.
65. Report of the Madras Public Service Commission.—The report of the Madras Public Service Commission as to the work done by the Commission in respect of any period to the appointed day shall be presented under clause (2) of Article 323 to the Governors of Andhra and Madras, and the Governor of Madras shall on receipt of such report cause a copy thereof together with a memorandum explaining, as far as possible, as respects the cases, if any, where the advice of the Commission was not accepted, the reasons for such non-acceptance to be laid before the Legislature of the State of Madras and it shall not be necessary to cause such report or any such memorandum to be laid before the Legislative Assembly of the State of Andhra.
66. Special provisions with regard to Tungabhadra Project.
66. Special provisions with regard to Tungabhadra Project.—(1) Notwithstanding anything contained in this Act but subject to the provisions of paragraph 12 of the Seventh Schedule, all rights and liabilities of the State of Madras in relation to the Tungabhadra Project or the administration thereof shall, on the appointed day, be the rights and liabilities of the States of Andhra and Mysore subject to such adjustments as may be made by agreement entered into by the said States after consultation with the President or, if no such agreement is entered into within two years from the appointed day, as the President may by order determine having due 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 President may be varied by any subsequent agreement entered into by the States of Andhra and Mysore.
(2) An agreement or order referred to in sub-section (1) shall, if there has been and extension or further development of the Project after the appointed day, provide also for the rights and liabilities of the States of Andhra and Mysore in relation to such extension or further development.
(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,
(b) the rights to receive and to utilise the power generated as a result of the Project,
(c) 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 with any person other than Government.
(4) The President may from time to time give such directions as may appear to him to be 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 and Mysore under sub-section (1) or after an order has been made by the President under that sub-section, whichever is earlier.
(5) In this section, the expression “Tungabhadra Project” or “the project” means the project agreed to between the Government of Madras and the Government of Hyderabad before the appointed day and, so far as the State of Madras is concerned, intended for the supply and distribution of water from the Tungabhadra river by means of high level and low level canals to the districts of Bellary, Anantapur, Cuddapah and Kurnool, and for the generation of electric energy, both hydro-electric and thermal, and its transmission and distribution to the said districts and includes any extension or further development after that day of that project for the said purposes.
67. Allowances and privileges of the Governor of Andhra.
67. Allowances and privileges of the Governor of Andhra.—The allowances and privileges of the Governor of Andhra shall, until provision in that behalf is made by Parliament by law under clause (3) of Article 158, be such as the President may, by order, determine.
68. Effect of provisions of the Act inconsistent with other laws.
68. Effect of provisions of the Act inconsistent with other laws.—The provision of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law.
69. Power to remove difficulties.
69. 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.
