The Andhra Pradesh Reorganization Act, 2014, is divided into 12 parts, 108 sections, and 13 schedules. The act primarily focuses on the bifurcation of Andhra Pradesh and the formation of Telangana.
The 12 Parts of the Act:
- Preliminary
- Reorganization of Andhra Pradesh
- Representation in the Legislature
- High Court
- Authorization of Expenditure and Distribution of Revenue
- Distribution of Assets and Liabilities
- Provisions Related to Certain Corporations
- Provisions Related to All India Services
- Maintenance and Development of Water Resources
- Infrastructure and Special Economic Measures
- Higher Education Opportunities
- Legal Provisions
Part – I: Preliminary
1. Title and Definitions
- The Act is also known as the Andhra Pradesh Separation Act – 2014.
- It includes definitions for key terms such as Appointed Day, Articles, Assembly, Election Commission, Successor State, Transferred Territory, Treasury, and Population Ratio.
Part – II: Andhra Pradesh State Reorganization
2. Formation of Telangana State
- The Act was amended in June 2014 to facilitate the construction of the Polavaram Project.
- As part of this amendment, 7 Mandals from Khammam district, covering 136 villages and 211 hamlets, were transferred from Telangana to Andhra Pradesh.
- Telangana was formed with 10 districts: Adilabad, Nizamabad, Karimnagar, Medak, Warangal, Nalgonda, Rangareddy, Mahabubnagar, Khammam, and Hyderabad.
3. Territorial Division of Andhra Pradesh
- Andhra Pradesh was formed with the remaining districts of the erstwhile united Andhra Pradesh.
4. Hyderabad as the Common Capital
- Greater Hyderabad was designated as the common capital for both Andhra Pradesh and Telangana under the Hyderabad Municipal Corporation Act, 1955.
5. Expert Committee for New Capital
- An expert committee was constituted to identify a new capital for Andhra Pradesh.
6. Common Governor
- The Governor of the united Andhra Pradesh was appointed as the Governor of both states until further notice by the President of India.
7. Governor’s Responsibility in the Common Capital
- The Governor was given special responsibility for ensuring the security, life, liberty, and property of residents in the common capital.
- Two advisors were appointed to assist the Governor.
8. Police Assistance for Both States
- The Central Government was tasked with providing additional police forces to both states.
9. Amendment of State Headings and Boundaries
- The Act authorized both Andhra Pradesh and Telangana to change district boundaries after the appointed day.
Part – III: Representation in the Legislature
Lok Sabha Representation
- From the appointed day, out of the 42 Lok Sabha seats of the united Andhra Pradesh:
- 17 seats were allotted to Telangana.
- 25 seats were allotted to Andhra Pradesh.
- The Delimitation Order – 2008 was amended to reflect the new state boundaries.
- Existing Lok Sabha and Assembly members continued as representatives of their respective states without any change in their term.
Rajya Sabha Representation
- The Fourth Schedule of the Constitution was amended:
- Andhra Pradesh was allocated 11 seats (previously 18).
- Telangana was allocated 7 seats.
- Existing Rajya Sabha members were reallocated to their respective states.
Legislative Assembly Representation
- From the appointed day:
- Andhra Pradesh was given 175 Assembly seats.
- Telangana was given 119 Assembly seats.
- The Representation of the People Act was amended accordingly.
- Anglo-Indian Representation: As per Article 333, one Anglo-Indian member could be nominated by the Governor in each state.
Allocation of Sitting Members
- Existing Assembly members were reassigned to Andhra Pradesh and Telangana based on their respective constituencies.
- The five-year tenure of both legislative assemblies was calculated from the formation date of the original Andhra Pradesh Assembly.
Speaker and Deputy Speaker
- The existing Speaker of Andhra Pradesh continued as the Speaker of the new Andhra Pradesh Assembly.
- Telangana Assembly elected its own Deputy Speaker.
- Until Telangana’s Assembly rules were formulated, the rules of united Andhra Pradesh Assembly were followed.
Legislative Councils
- Andhra Pradesh Legislative Council was allotted 50 seats.
- Telangana Legislative Council was allotted 40 seats.
- Existing Legislative Council members were reallocated to both states.
- Chairman and Deputy Chairman:
- The Chairman of the united Andhra Pradesh Council continued as Chairman of Andhra Pradesh Council.
- The Deputy Chairman of the united Andhra Pradesh Council became Deputy Chairman of Telangana Council until a new Chairman was elected.
Delimitation of Constituencies
- As per Article 170 and Section 15 of the Act:
- Andhra Pradesh’s Legislative Assembly seats increased from 175 to 225.
- Telangana’s Legislative Assembly seats increased from 119 to 158.
- The Election Commission was given the authority to update the Delimitation Order.
Part – IV: Scheduled Castes and Scheduled Tribes
- The Scheduled Castes Order – 1950 was amended as per the Fifth Schedule of the Act.
- The Scheduled Tribes Order – 1950 was amended as per the Sixth Schedule of the Act.
15.5.5 High Court
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Hyderabad High Court shall be the common High court for both the states till the Andhra Pradesh court is constituted. The expenditure of salaries and allowances of the Judges of the common High Court shall be shared by both the states on the basis of population ratio.
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A separate High Court shall be constituted for Andhra Pradesh. This court will be called “High Court of Andhra Pradesh”. The present court in Telangana shall become the High Court for the state of Telangana. The president may notify the place of the High Court of Andhra Pradesh.
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The president may determine the number of Judges to be appointed to the Telangana High Court and Andhra Pradesh High Court.
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The High Court of Andhra Pradesh shall have Jurisdiction on any part of the territories included in the state of Andhra Pradesh before the date referred in section 3(1) under the law in force on the said – territories. The Telangana High Court shall exercise the power of Jurisdiction and authority.
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Any person who is an advocate on the roll of the bar council and practicing as an advocate in the High Court Telangana may give his option to transfer his name to the bar council of Telangana within one year.
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Practice provisions in the Andhra Pradesh High Court.
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Custody of seal of Andhra Pradesh High Court.
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Writ forms and other process.
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Powers of judges.
Part – V
44. The Governor of the existing state of Andhra Pradesh may authorize reasonable expenditure to Telangana Government from the consolidated Fund before the appointed day within a period of six months. Later the governor may also authorize Telangana governments expenditure for some more time but not more than six months from the consolidated fund till the sanction of such expenditure by the Legislative Assembly of the state of Telangana.
45. For any period before the appointed day the reports of accounts of the existing Andhra Pradesh state shall be submitted by the Comptroller and Auditor General to the governors of the new states. The reports shall be laid in the concerned assemblies by the governor.
46. Distribution of Revenue: The allotted award to the existing Andhra Pradesh state by the 13th finance commission shall be between the two states by the union government on the basis of population ratio and other parameters. The government may grant funds for the development of backward areas in the two states taking into consideration the available resources. While providing special package for the state of Andhra Pradesh the union should consider the needs to Rayalaseema and north coastal areas.
Part – VI
47. On the benefits of the decisions taken by the existing Andhra Pradesh, both states have a right. In the same way both the states shall bear the financial liabilities which resulted from the decisions taken by the existing Andhra Pradesh. In case of disputes the central government shall settle the matter by an order after counseling the CAG.
48. Land, Goods: If within the transferred territory they belong to Telangana state. In other contexts remain the property of Andhra Pradesh. If the properties exist outside the existing state of Andhra Pradesh they shall be allotted between the two states on the basis of population ratio. Stores of the secretariat and the offices of heads of departments shall be divided between the two states on the basis of population ratio.
49. The cash balance in the treasury and credit balance of the banks of the existing Andhra Pradesh shall be divided between the two states on the basis of population ratio.
50. The right to recover the taxes on the land and other sources belong to the state in which the property is situated. The tax shall belong to the state in the territory of which the assessment of the tax or duty is included on the appointed day.
51. Any person or any society outside the territory of the existing Andhra Pradesh that takes loans before the appointed day, the state of Andhra Pradesh has the right to collect such loan. But the amount collected so, should be divided between the two states on the population ratio.
52.
The securities on investments from the cash balances of the existing Andhra Pradesh shall be divided between the two states on the basis of population ratio.
53.
The assets and liabilities of commercial and industrial undertakings of the existing state of Andhra Pradesh shall belong to the location of such undertaking and the state in which they are located on the appointed day irrespective of the location of their headquarters.
54.
All liabilities on public debt of the existing state of Andhra Pradesh before the appointed day shall be divided on the basis of population ratio of the two states.
55. Short-term debts.
56. Refund of excess in collected taxes.
57. Regarding the civil deposit or local fund deposit, the state in which the deposits are made shall be responsible.
58. Provident Fund: The liability of the Provident Fund account of a government employee who is in service on the appointed day shall be the liability of the state to which the government employee is permanently allotted from the appointed day.
59. Pension: The liability of the existing state of Andhra Pradesh shall be divided between the two states according to the provisions of the 8th schedule of this act.
60. Before the appointed day, if the existing state of Andhra Pradesh had made any contracts using its executive power, from the appointed day, the state to which the contract benefits shall be deemed to have made the contracts using its executive powers.
61.Before the appointed day, if the existing state of Andhra Pradesh has any liability in respect of any case, the territory of such case (either state: Andhra Pradesh, Telangana) is liable.
62.If the existing state of Andhra Pradesh is liable as a guarantor in respect of a registered co-operative society or other person before the appointed day, that liability shall be the liability of the state in which the co-operative society or other person operates.
63.Items in schedules, assets, and liabilities in schedules should be divided as per the principles of division of assets and liabilities mentioned above.
Part – VII
68. The companies and corporations constituted for the existing state of Andhra Pradesh shall continue to function in the same area. Assets, rights and liabilities shall be divided between two states.
69. Regarding the projects for the generation of power or distribution or the supply of water if any disadvantage occurs as they are outside the territory of the state, the center shall give the directions after consulting the two concerned state governments.
70. The Andhra Pradesh state Finance Corporation shall function according to the directions of the central government after the appointed day. Corporation directors should meet with the permission of the central government for considering the dissolution of the corporation, transfer of assets, liabilities and rights, and if such a scheme is approved by the majority of shareholders, it should be reported to the central government. The central government refers it to the Andhra Pradesh High Court Chief Justice or the Chief Justice of the Telangana High Court. The corporation shall have to implement the decision of the…
Part – VIII
76. The cadres of Indian Administrative Service, Indian Police Service of the existing Andhra Pradesh shall be called from the day of appointed day as two separate cadres, one for the state of Andhra Pradesh and another for the Telangana state. The central government determines the cadre strength for both the states. The central government employees working in Andhra Pradesh shall continue in the new state of Andhra Pradesh. In case of employees who are in the Telangana state before the appointed day, they will continue with the special orders issued by the central government.
77. Provisions related to other services.
78. Service Rules: The central government shall appoint an advisory committee within 30 days after the appointed day to investigate and make suitable recommendations in service matters, requisitions, and disputes.
79. Provisions for continuing the officers in the same post.
80. Advisory committees.
81. Powers of the central government.
82. Division of the employees of public undertakings.
83. Public Service Commission: The present existing public service commission continues for Andhra Pradesh. The UPSC shall discharge duties in Telangana with the permission of the President till a separate public service commission for Telangana is constituted.
Part – IX
84. Water Resources: The central government shall constitute within 60 days from the appointed day Godavari River Management Board and Krishna River Board to resolve the problems that may arise in sharing the river water. Godavari board shall be in Telangana. Krishna board in Andhra Pradesh. The central government shall appoint an apex council under the chairmanship of the central water resources minister to supervise the function of these two boards. The chief minister of Andhra Pradesh and the chief minister of Telangana shall be the members of this council.
85. Functions of water board.
86. Staff of water board.
87. Jurisdiction of the board.
88. Regulatory powers of the water board.
89. Allocation of water resources.
90. Polavaram Project: The Polavaram Project is declared as a national project. The union takes the responsibility for the construction of Polavaram. It is deemed that the state of Telangana accepted the Polavaram irrigation project.
91. The place of existing Andhra Pradesh shall be replaced by the two states—Andhra Pradesh and Telangana—on this Tungabhadra board.
Part – X
- The two states shall implement the principles, guidelines, directions, and orders issued by the central government on matters related to Coal, Oil natural gas, power, generation transmission, and distribution in the 10th schedule from the appointed day.
- For the progress and development of the two states, the central government as mentioned in the 13th schedule shall take all the necessary measures within a period of 10 years from the appointed day.
- The central government shall take suitable measures for industrial development in both states by providing tax exemptions. The central government shall support the two states in developing the backward areas in the states.
The central government shall give special financial support for the construction of the new capital for the state of Andhra Pradesh, including the Rajbhavan, High Court government secretariat, council, and other essential infrastructure.
Part – XI
- Higher Education Opportunities: For providing equal opportunities to the students of the two states under Article 371 in the admission quota in all government, private, aided higher education, technical education, and medical education, the present system of higher education shall be continued for a period of ten years.
Part – XII
- Legal Provisions: In Article 168(1)(a), for the word “Tamilnadu,” the words “Tamilnadu, Telangana” shall be substituted.
- The amendment of Article 168. For Article 371-D, the following changes shall be made from the appointed day:
- For the words ‘Andhra Pradesh State’, the words ‘the state of Andhra Pradesh and the state of Telangana’ shall be substituted.
- In Article 371-D, for Clause 1, the following clause shall be added: Keeping in view the needs of the two states for the people of various regions, in respect of government service and educational matters, equal opportunities and facilities shall be created in the state of Andhra Pradesh and the state of Telangana by orders issued by the President.
- In the ‘3rd’ clause of 371-D, the words ‘the state of Andhra Pradesh’ shall be substituted by ‘For the state of Telangana’.
- Amendment to Section 15 of the People’s Representation Act, 1951:
- In Section 15(a) of the People’s Representation Act, 1951, after the words ‘under 2010 Tamilnadu – Legislative Council Act,’ the words ‘under 2014, Andhra Pradesh Re-organization Act, the Legislative Council of the state of Telangana’ shall be inserted.
- Amendment to Section 15 of the States Reorganization Act, 1956:
- From the appointed day, in Section (B) of the States Reorganization Act, for the words ‘Andhra Pradesh,’ the words ‘Andhra Pradesh and Telangana’ shall be inserted.
Part – XIII
- The provisions of Part-II of the Andhra Pradesh Land Reforms Act (1973) or any other act in force before the appointed day shall not be deemed to have changed.
- If Andhra Pradesh and Telangana want to implement any law made before the appointed day, the respective state may, by order, make essential changes or additions to such laws before their expiration within two years.
- For implementing laws made before the appointed day, though they were not made under Section 101, the court/tribunal/authority may apply them to disputes in trial and construe the law without affecting its substance in respect of the state of Andhra Pradesh and the state of Telangana.
- The powers of the transferred territories to Telangana state shall be exercised by the authorities of that territory as mentioned in the Gazette released by the state of Telangana.
- In the legal proceedings of dividing the assets and liabilities, the name of the existing Andhra Pradesh state shall be changed to ‘the state of Andhra Pradesh and the state of Telangana.’
- Every proceeding pending before the appointed day in a court, tribunal, authority, or officer related to the territory of the state of Telangana shall be transferred to the corresponding court/tribunal/authority of the state of Telangana.
- Any advocate enrolled as an advocate in the existing Andhra Pradesh in any subordinate court/courts before the appointed day may practice in those courts for a period of one year from the appointed day, even if the jurisdiction of that court has been transferred to the state of Telangana.
- If the provisions of this act contradict other provisions of existing laws, the provisions of this act shall take effect.
- If difficulties arise in implementing this act, the President shall pass orders to overcome such difficulties.
Part – X
- The two states shall implement the principles, guidelines, directions, and orders issued by the central government on matters related to Coal, Oil natural gas, power, generation transmission, and distribution in the 10th schedule from the appointed day.
- For the progress and development of the two states, the central government as mentioned in the 13th schedule shall take all the necessary measures within a period of 10 years from the appointed day.
- The central government shall take suitable measures for industrial development in both states by providing tax exemptions. The central government shall support the two states in developing the backward areas in the states.
The central government shall give special financial support for the construction of the new capital for the state of Andhra Pradesh, including the Rajbhavan, High Court government secretariat, council, and other essential infrastructure.
Part – XI
- Higher Education Opportunities: For providing equal opportunities to the students of the two states under Article 371 in the admission quota in all government, private, aided higher education, technical education, and medical education, the present system of higher education shall be continued for a period of ten years.
Part – XII
- Legal Provisions: In Article 168(1)(a), for the word “Tamilnadu,” the words “Tamilnadu, Telangana” shall be substituted.
- The amendment of Article 168. For Article 371-D, the following changes shall be made from the appointed day:
- For the words ‘Andhra Pradesh State’, the words ‘the state of Andhra Pradesh and the state of Telangana’ shall be substituted.
- In Article 371-D, for Clause 1, the following clause shall be added: Keeping in view the needs of the two states for the people of various regions, in respect of government service and educational matters, equal opportunities and facilities shall be created in the state of Andhra Pradesh and the state of Telangana by orders issued by the President.
- In the ‘3rd’ clause of 371-D, the words ‘the state of Andhra Pradesh’ shall be substituted by ‘For the state of Telangana’.
- Amendment to Section 15 of the People’s Representation Act, 1951:
- In Section 15(a) of the People’s Representation Act, 1951, after the words ‘under 2010 Tamilnadu – Legislative Council Act,’ the words ‘under 2014, Andhra Pradesh Re-organization Act, the Legislative Council of the state of Telangana’ shall be inserted.
- Amendment to Section 15 of the States Reorganization Act, 1956:
- From the appointed day, in Section (B) of the States Reorganization Act, for the words ‘Andhra Pradesh,’ the words ‘Andhra Pradesh and Telangana’ shall be inserted.
Part – XIII
- The provisions of Part-II of the Andhra Pradesh Land Reforms Act (1973) or any other act in force before the appointed day shall not be deemed to have changed.
- If Andhra Pradesh and Telangana want to implement any law made before the appointed day, the respective state may, by order, make essential changes or additions to such laws before their expiration within two years.
- For implementing laws made before the appointed day, though they were not made under Section 101, the court/tribunal/authority may apply them to disputes in trial and construe the law without affecting its substance in respect of the state of Andhra Pradesh and the state of Telangana.
- The powers of the transferred territories to Telangana state shall be exercised by the authorities of that territory as mentioned in the Gazette released by the state of Telangana.
- In the legal proceedings of dividing the assets and liabilities, the name of the existing Andhra Pradesh state shall be changed to ‘the state of Andhra Pradesh and the state of Telangana.’
- Every proceeding pending before the appointed day in a court, tribunal, authority, or officer related to the territory of the state of Telangana shall be transferred to the corresponding court/tribunal/authority of the state of Telangana.
- Any advocate enrolled as an advocate in the existing Andhra Pradesh in any subordinate court/courts before the appointed day may practice in those courts for a period of one year from the appointed day, even if the jurisdiction of that court has been transferred to the state of Telangana.
- If the provisions of this act contradict other provisions of existing laws, the provisions of this act shall take effect.
- If difficulties arise in implementing this act, the President shall pass orders to overcome such difficulties.