ANDHRA PRADESH REORGANISATION ACT, 2014
This Act may be called the Andhra Pradesh Reorganisation Act, 2014.
In this Act, unless the context otherwise requires,-
(a) "appointed day" means the day 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;
(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, o
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, Khammam (but excluding the revenue villages in the Mandals specified in G.O.Ms. No. 111 Irrigation & CAD (LA IV R&R-I) Department, dated the 27th June, 2005 and the revenue villages of Bhurgampadu, Seetharamanagaram and Kondreka in Bhurgampadu Mandal) and Hyderabad districts, and thereupon the said territories shall cease to form part of the existing State of Andhra Pradesh.
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.
(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 Hyderabad the Greater Hyderabad Municipal Corporation under the Hyderabad Municipal Corporation Act, 1955.
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 Reorganisation Act, 2014.
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.
(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
(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 appointedday, 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 S
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", 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.".
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.
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".
(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.
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 shall be deemed to be amended accordingly.
(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 Peopleand 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.
(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.
(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, 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
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.
(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 t
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.
(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 b
(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.
(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,--
(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
"7A. Telangana 40 14 3 3 14 6";
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(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.
(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
(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 theScheduled 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
(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 anysuch 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 belaid, as soon as may be after it is issued, before the concerned Legislative Assembly.
On and from the appointed day, the Constitution (Scheduled Castes) Order, 1950, shall stand amended as directed in the Fifth Schedule to this Act.
On and from the appointed day, the Constitution (Scheduled Tribes) Order, 1950, shall stand amended as directed in the Sixth Schedule to this Act.
(1) On and from the appointed day,--
(a) the High Court of Judicature at Hyderabad shall be the common High Court for the State of Telangana and the State of Andhra Pradesh till a separate High Court for the State of Andhra Pradesh is constituted under article 214 of the Constitution read with section 31 of this Act;
(b) the Judges of the High Court at Hyderabad for the existing State of Andhra Pradesh holding office immediately before the appointed day shall become on that day the Judges of the common High Court.
(2) The expenditure in respect of salaries and allowances of the Judges of the common High Court shall be allocated amongst the States of Andhra Pradesh and Telangana on the basis of population ratio.
(1) Subject to the provisions of section 30, there shall be a separate High Court for the State of Andhra Pradesh (hereinafter referred to as the High Court of Andhra Pradesh) and the High Court of Judicature at Hyderabad shall become the High Court for the State of Telangana (hereinafter referred to as the High Court at Hyderabad).
(2) The principal seat of the High Court of Andhra Pradesh shall be at such place as the President may, by notified order, appoint.
(3) Notwithstanding anything contained in sub-section (2), the Judges and division courts of the High Court of Andhra Pradesh may sit at such other place or places in the State of Andhra Pradesh other than its principal seat as the Chief Justice may, with the approval of the Governor of Andhra Pradesh, appoint.
(1) Such of the Judges of the High Court at Hyderabad holding office immediately before the date of establishment of the High Court of Andhra Pradesh as may be determined by the President, shall, from that date cease to be Judges of the High Court at Hyderabad and become, Judges of the High Court of Andhra Pradesh.
(2) The persons who by virtue of sub-section (1) become Judges of the High Court of Andhra Pradesh 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 Hyderabad.
The High Court of Andhra Pradesh shall have, in respect of any part of the territories included in the State of Andhra Pradesh, all such jurisdiction, powers and authority as, under the law in force immediately before the date referred to in sub-section (1) of section 30, are exercisable in respect of that part of the said territories by the High Court at Hyderabad.
(1) On and from the date referred to in sub-section (1) of section 30, in the Advocates Act, 1961, in section 3, in sub-section (1), in clause (a), for the words "Rajasthan, Uttar Pradesh", the words "Rajasthan, Telangana, Uttar Pradesh" shall be substituted.
(2) Any person who immediately before the date referred to in sub-section (1) of section 30 is an advocate on the roll of the Bar Council of the existing State of Andhra Pradesh and practising as an advocate in the High Court at Hyderabad, may give his option in writing, within one year from that date to the Bar Council of such existing State, to transfer his name on the roll of the Bar Council of Telangana and notwithstanding anything contained in the Advocates Act, 1961 and the rules made thereunder, on such option so given his name shall be deemed to have been transferred on the roll of the Bar Council of Telangana with ef
Subject to the provisions of this Part, the law in force immediately before the date referred to in sub-section (1) of section 30 with respect to practice and procedure in the High Court at Hyderabad shall, with the necessary modifications, apply in relation to the High Court of Andhra Pradesh, and accordingly, the High Court of Andhra Pradesh shall have all such powers to make rules and orders with respect to practice and procedure as are immediately before that date exercisable by the High Court at Hyderabad:
Provided that any rules or orders which are in force immediately before the date referred to in sub-section (1) of section 30 with respect to practice and procedure in the High Court at Hyderabad shall, until varied or revoked by rules or orders made by the High Court of Andhra Pradesh, apply with the necessary modifications in relation to practice and procedure in the High
The law in force immediately before the date referred to in sub-section (1) of section 30 with respect to the custody of the seal of the High Court at Hyderabad shall, with the necessary modifications, apply with respect to the custody of the seal of the High Court of Andhra Pradesh.
The law in force immediately before the date referred to in sub-section (1) of section 30 with respect to the form of writs and other processes used, issued or awarded by the High Court at Hyderabad shall, with the necessary modifications, apply with respect to the form of writs and other processes used, issued or awarded by the High Court of Andhra Pradesh.
The law in force immediately before the date referred to in sub-section (1) of section 30 relating to the powers of the Chief Justice, single Judges and division courts of the High Court at Hyderabad 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 Pradesh.
The law in force immediately before the date referred to in sub-section (1) of section 30 relating to appeals to the Supreme Court from the High Court at Hyderabad and the Judges and division courts thereof shall, with the necessary modifications, apply in relation to the High Court of Andhra Pradesh.
(1) Except as hereinafter provided, the High Court at Hyderabad shall, as from the date referred to in sub-section (1) of section 30, have no jurisdiction in respect of the State of Andhra Pradesh.
(2) Such proceedings pending in the High Court at Hyderabad immediately before the date referred to in sub-section (1) of section 30 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 Pradesh shall, as soon as may be after such certification, be transferred to the High Court of Andhra Pradesh.
(3) Notwithstanding anything contained in sub-sections (1) and (2) of this section or in section 33, but save as hereinafter provided, the High
Any person who, immediately before the date referred to in sub-section (1) of section 30, is an advocate entitled to practise or any other persons entitled to practise in the High Court at Hyderabad and was authorised to appear in any proceedings transferred from that High Court to the High Court of Andhra Pradesh under section 40, shall have the right to appear in the High Court of Andhra Pradesh in relation to those proceedings.
For the purposes of section 40,--
(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; and
(b) references to a High Court shall be construed as including references to a Judge or division court thereof, and references to an order made by a court or a Judge shall be construed as including references to a sentence, judgment or decree passed or made by that court or Judge.
Nothing in this Part shall affect the application to the High Court of Andhra Pradesh of any provisions of the Constitution, and this Part shall have effect subject to any provision that may be made on or after the date referred to in sub-section (1) of section 30 with respect to that High Court by any Legislature or other authority having power to make such provision.
The Governor of existing State of Andhra Pradesh may, at any time before the appointed day, authorise such expenditure from the Consolidated Fund of the State of Telangana as he deems necessary for any period not more than six months beginning with the appointed day pending the sanction of such expenditure by the Legislative Assembly of the State of Telangana:
Provided that the Governor of Telangana may, after the appointed day, authorise such further expenditure as he deems necessary from the Consolidated Fund of the State of Telangana for any period not extending beyond the said period of six months.
(1) The reports of the Comptroller and Auditor-General of India referred to in clause (2) of article 151 relating to the accounts of the existing State of Andhra Pradesh in respect of any period prior to the appointed day shall be submitted to the Governor of each of the successor States of Andhra Pradesh and Telangana who shall cause them to be laid before the Legislature of that State.
(2) The President may by order--
(a) declare any expenditure incurred out of the Consolidated Fund of Andhra Pradesh on any service in respect of any period prior to the appointed day during the financial year or in respect of any earlier financial year in excess of the amount granted for that service and for that year as disclosed in the reports referred to in sub-section (1) to have been duly authorised; and
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(1) The award made by the Thirteenth Finance Commission to the existing State of Andhra Pradesh shall be apportioned between the successor States by the Central Government on the basis of population ratio and other parameters:
Provided that on the appointed day, the President shall make a reference to the Fourteenth Finance Commission to take into account the resources available to the successor States and make separate awards for each of the successor States.
(2) Notwithstanding anything in sub-section (1), the Central Government may, having regard to the resources available to the successor State of Andhra Pradesh, make appropriate grants and also ensure that adequate benefits and incentives in the form of special development package are given to the backward areas of that State.
(3) The
(1) The provisions of this Part shall apply in relation to the apportionment of the assets and liabilities of the existing State of Andhra Pradesh immediately before the appointed day.
(2) The successor States shall be entitled to receive benefits arising out of the decisions taken by the existing State of Andhra Pradesh and the successor States shall be liable to bear the financial liabilities arising out of the decisions taken by the existing State of Andhra Pradesh.
(3) The apportionment of assets and liabilities shall be subject to such financial adjustment as may be necessary to secure just, reasonable and equitable apportionment of the assets and liabilities amongst the successor States.
(4) Any dispute regarding the amount of financial assets and liabilities shall be settled through
(1) Subject to the other provisions of this Part, all land and all stores, articles and other goods belonging to the existing State of Andhra Pradesh shall,-
(a) if within the transferred territory, pass to the State of Telangana; or
(b) in any other case, remain the property of the State of Andhra Pradesh:
Provided that in case of properties situated outside the existing State of Andhra Pradesh, such properties shall be apportioned between the successor States on the basis of population ratio:
Provided further that where the Central Government is of opinion that any goods or class of goods should be distributed among the States of Andhra Pradesh and Telangana, otherwise than according to the situation of the goods, the Central Government may is
The total of the cash balances in all treasuries of the existing State of Andhra Pradesh and the credit balances of the existing State of Andhra Pradesh with the Reserve Bank of India, the State Bank of India or any other bank immediately before the appointed day shall be divided between the States of Andhra Pradesh and Telangana on the basis of population ratio:
Provided that for the purposes of such division, there shall be no transfer of cash balances from any treasury to any other treasury and the apportionment shall be effected by adjusting the credit balances of the two States in the books of the Reserve Bank of India on the appointed day:
Provided further that if the State of Telangana has no account on the appointed day with the Reserve Bank of India, the adjustment shall be made in such manner as the Central Government may, by
The right to recover arrears of the tax or duty on property, including arrears of land revenue, shall belong to the successor State in which the property is situated, and the right to recover arrears of any other tax or duty shall belong to the successor State in whose territories the place of assessment of that tax or duty is included on the appointed day.
(1) The right of the existing State of Andhra Pradesh to recover any loans or advances made before the appointed day to any local body, society, agriculturist or other person in an area within that State shall belong to the successor State in which that area is included on that day.
(2) The right of the existing State of Andhra Pradesh to recover any loans or advances made before the appointed day to any person or institution outside that State shall belong to the State of Andhra Pradesh:
Provided that any sum recovered in respect of any such loan or advance shall be divided between the States of Andhra Pradesh and Telangana on the basis of population ratio.
(1) The securities held in respect of the investments made from Cash Balances Investment Account or from any Fund in the Public Account of the existing State of Andhra Pradesh as specified in the Seventh Schedule shall be apportioned on the basis of population ratio of the successor States:
Provided that the securities held in investments made from the Calamity Relief Fund of the existing State of Andhra Pradesh shall be divided in the ratio of the area of the territories occupied by the successor States.
(2) The investments of the existing State of Andhra Pradesh immediately before the appointed day in any special fund, the objects of which are confined to a local area, shall belong to the State in which that area is included on the appointed day:
Provided that the investments in such speci
(1) The assets and liabilities relating to any commercial or industrial undertaking of the existing State of Andhra Pradesh, where such undertaking or part thereof is exclusively located in, or its operations are confined to, a local area, shall pass to the State in which that area is included on the appointed day, irrespective of the location of its headquarters:
Provided that where the operation of such undertaking becomes inter-State by virtue of the provisions of Part II, the assets and liabilities of--
(a) the operational units of the undertaking shall be apportioned between thetwo successor States on location basis; and
(b) the headquarters of such undertaking shall be apportioned between the twosuccessor States on the basis of population ratio.
(1) All liabilities on account of Public Debt and Public Account of the existing State of Andhra Pradesh outstanding immediately before the appointed day shall be apportioned on the basis of population ratio of the successor States unless a different mode of apportionment is provided under the provisions of this Act.
(2) The individual items of liabilities to be allocated to the successor States and the amount of contribution required to be made by one successor State to another shall be such as may be ordered by the Central Government on the advice of the Comptroller and Auditor-General of India:
Provided that till such orders are issued, the liabilities on account of Public Debt and Public Account of the existing State of Andhra Pradesh shall continue to be the liabilities of the successor State of Andhra Pradesh.
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All liabilities of the existing State of Andhra Pradesh in respect of any floating loan to provide short term finance to any local body, body corporate or other institution, shall be determined on the following basis, namely:--
(a) if, the purposes of the floating loan are, on and from the appointed day, exclusive purposes of either of the successor States, then, of that State;
(b) in any other case, it shall be divided on the basis of population ratio.
(1) The liability of the existing State of Andhra Pradesh to refund any tax or duty on property, including land revenue, collected in excess shall be the liability of the successor State in whose territories the property is situated, and the liability of the existing State of Andhra Pradesh to refund any other tax or duty collected in excess shall be apportioned between the Successor States of Andhra Pradesh and Telangana on the basis of population ratio and the State discharging the liability shall be entitled to receive from the other State its share of the liability, if any.
(2) The liability of the existing State of Andhra Pradesh to refund any other tax or duty collected in excess on the appointed day shall be the liability of the successor State in whose territories the place of assessment of such tax or duty is included, and the liability of the existing State of Andhra Pra
(1) The liability of the existing State of Andhra Pradesh in respect of any civil deposit or local fund deposit shall, as from the appointed day, be the liability of the successor State in whose area the deposit has been made.
(2) The liability of the existing State of Andhra Pradesh in respect of any charitable or other endowment shall, as from the appointed day, be the liability of the successor State in whose area the institution entitled to the benefit of the endowment is located or of the successor State to which the objects of the endowment, under the terms thereof, are confined:
Provided that any civil deposits or loan funds or charitable or other endowment fund maintained by the existing State of Andhra Pradesh before the appointed day having jurisdiction over the entire State shall be apportioned between the successor States o
The liability of the existing State of Andhra Pradesh in respect of the Provident Fund account of a Government servant in service on the appointed day shall, as from that day, be the liability of the successor State to which that Government servant is permanently allotted.
The liability of the existing State of Andhra Pradesh in respect of pensions shall pass to, or be apportioned between, the successor States of Andhra Pradesh and Telangana in accordance with the provisions contained in the Eighth Schedule to this Act.
(1) Where, before the appointed day, the existing State of Andhra Pradesh has made any contract in the exercise of its executive power for any purposes of the State, that contract shall,--
(a) if the purposes of the contract are, on and from the appointed day, exclusive purposes of either of the successor States of Andhra Pradesh and Telangana, then it shall be deemed to have been made in exercise of the executive power of that State and the liability shall be discharged by that State; and
(b) in any other case, all rights and liabilities which have accrued or may accrue under any such contract shall be apportioned between the successor States on the basis of population ratio or in any other manner as may be agreed to by the successor States.
(2) For the purposes of this section, there shall
Where, immediately before the appointed day, the existing State of Andhra Pradesh is subject to any liability in respect of any actionable wrong other than breach of contract, that liability shall,--
(a) if the cause of action arose wholly within the territories which, as from that day, are the territories of either of the successor States of Andhra Pradesh or Telangana, be the liability of that State; and
(b) in any other case, be apportioned between the successor States on the basis of population ratio or in any other manner as may be agreed to by the successor States.
Where, immediately before the appointed day, the existing State of Andhra Pradesh is liable as guarantor in respect of any liability of a registered co-operative society or other person, that liability shall,-
(a) if the area of operations of such society or persons is confined to the territories which, as from that day, are the territories of either of the States of Andhra Pradesh or Telangana, be a liability of that State; and
(b) in any other case, be apportioned between the successor States on the basis of population ratio or in any other manner as may be agreed to by the successor States.
If any item in suspense is ultimately found to affect an asset or liability of the nature referred to in any of the foregoing provisions of this Part, it shall be dealt with in accordance with that provision.
The benefit or burden of any asset or liability of the existing State of Andhra Pradesh not dealt with in the foregoing provisions of this Part shall pass to the State of Andhra Pradesh in the first instance, subject to such financial adjustment as may be agreed upon between the States of Andhra Pradesh and Telangana or, in default of such agreement, as the Central Government may, by order, direct.
Where the successor States of Andhra Pradesh and Telangana agree that the benefit or burden of any particular asset or liability should be apportioned between them in a manner other than that provided for in the foregoing provisions of this Part, notwithstanding anything contained therein, the benefit or burden of that asset or liability shall be apportioned in the manner agreed upon.
Where, by virtue of any of the provisions of this Part, either of the successor States of Andhra Pradesh and Telangana becomes entitled to any property or obtains any benefits or becomes subject to any liability, and the Central Government is of opinion, on a reference made within a period of three years from the appointed day by either of the States, that it is just and equitable that such property or those benefits should be transferred to, or shared with, the other successor State, or that a contribution towards that liability should be made by the other successor State, the said property or benefits shall be allocated in such manner between the two States, or the other State shall make to the State subject to the liability such contribution in respect thereof, as the Central Government may, after consultation with the two State Governments, by order, determine.
All sums payable by the State of Andhra Pradesh or by the State of Telangana, as the case may be, to the other State, or by the Central Government to the successor States, by virtue of the provisions of this Act, shall be charged on the Consolidated Fund of the State by which such sums are payable or, as the case may be, the Consolidated Fund of
India.
(1) The companies and corporations specified in the Ninth Schedule constituted for the existing State of Andhra Pradesh shall, on and from the appointed day, continue to function in those areas in respect of which they were functioning immediately before that day, subject to the provisions of this section.
(2) The assets, rights and liabilities of the companies and corporations referred to in sub-section (1) shall be apportioned between the successor States in the manner provided in section 53.
If it appears to the Central Government that the arrangement in regard to the generation or supply of electric power or the supply of water for any area or in regard to the execution of any project for such generation or supply has been or is likely to be modified to the disadvantage of that area by reason of the fact that it is, by virtue of the provisions of Part II, outside the State in which the power stations and other installations for the generation and supply of such power, or the catchment area, reservoirs and other works for the supply of water, as the case may be, are located, the Central Government may, after consultation with the Governments of the successor States wherever necessary, give such directions as it deems proper to the State Government or other authority concerned for the maintenance, so far as practicable, of the previous arrangement and the State to which such directions are given shall comply with them.
(1) The Andhra Pradesh State Financial Corporation established under the State Financial Corporations Act, 1951 shall, on and from the appointed day, continue to function in those areas in respect of which it was functioning immediately before that day, subject to the provisions of this section and to such directions as may, from time to time, be issued by the Central Government.
(2) Any directions issued by the Central Government under sub-section (1) in respect of the Corporation may include a direction that the said Act, in its application to the Corporation, shall have effect subject to such exceptions and modifications as may be specified in the direction.
(3) Notwithstanding anything contained in sub-section (1) or sub-section (2), the Board of Directors of the Corporation may, with the previous approval of the Central Government
Notwithstanding anything in this Part, the Central Government may, for each of the companies specified in the Ninth Schedule to this Act, issue directions--
(a) regarding the division of the interests and shares of the existing State of Andhra Pradesh in the Company between the successor States;
(b) requiring the reconstitution of the Board of Directors of the Company so asto give adequate representation to the successor States.
(1) Notwithstanding anything contained in section 88 of the Motor Vehicles Act, 1988, a permit granted by the State Transport Authority of the existing State of Andhra Pradesh or any Regional Transport Authority in that State shall, if such permit was, immediately before the appointed day, valid and effective in any area in the transferred territory, be deemed to continue to be valid and effective in that area after that day till its period of validity subject to the provisions of that Act as for the time being in force in that area; and it shall not be necessary for any such permit to be countersigned by the State Transport Authority of Telangana or any Regional Transport Authority therein for the purpose of validating it for use in such area:
Provided that the Central Government may, after consultation with the successor State Government or Governments concerned add to amend or
Where on account of the reorganisation of the existing State of Andhra Pradesh under this Act, any body corporate constituted under a Central Act, State Act or Provincial Act, any co-operative society registered under any law relating to co-operative societies or any commercial or industrial undertaking of that State is reconstituted or reorganised in any manner whatsoever or is amalgamated with any other body corporate, co-operative society or undertaking, or is dissolved, and in consequence of such reconstitution, reorganisation, amalgamation or dissolution, any workman employed by such body corporate or in any such co-operative society or undertaking, is transferred to, or re-employed by, any other body corporate, or in any other co-operative society or undertaking, then, notwithstanding anything contained in section 25F or section 25FF or section 25FFF of the Industrial Disputes Act, 1947, such transfer or re-employment s
Where the assets, rights and liabilities of any body corporate carrying on business are, under the provisions of this Part, transferred to any other bodies corporate which after the transfer carry on the same business, the losses or profits or gains sustained by the body corporate first-mentioned which, but for such transfer, would have been allowed to be carried forward and set off in accordance with the provisions of Chapter VI of the Income-tax Act, 1961, shall be apportioned amongst the transferee bodies corporate in accordance with the rules to be made by the Central Government in this behalf and, upon such apportionment, the share of loss allotted to each transferee body corporate shall be dealt with in accordance with the provisions of Chapter VI of the said Act, as if the transferee body corporate had itself sustained such loss in a business carried on by it in the years in which those losses were sustained.
(1) The Government of the State of Andhra Pradesh or the State of Telangana, as the case may be, shall, in respect of the institutions specified in the Tenth Schedule to this Act, located in that State, continue to provide facilities to the people of the other State which shall not, in any respect, be less favourable to such people than what were being provided to them before the appointed day, for such period and upon such terms and conditions as may be agreed upon between the two State Governments within a period of one year from the appointed day or, if no agreement is reached within the said period, as may be fixed by order of the Central Government.
(2) The Central Government may, at any time within one year from the appointed day, by notification in the Official Gazette, specify in the Tenth Schedule referred to in subsection (1) any other institution existing on the appoint
(1) In this section, the expression "State cadre"--
(a) in relation to the Indian Administrative Service, has the meaning assigned to it in the Indian Administrative Service (Cadre) Rules, 1954;
(b) in relation to the Indian Police Service, has the meaning assigned to it in the Indian Police Service (Cadre) Rules, 1954; and
(c) in relation to the Indian Forest Service, has the meaning assigned to it in the Indian Forest Service (Cadre) Rules, 1966.
(2) In place of the cadres of the Indian Administrative Service, Indian Police Service and Indian Forest Service for the existing State of Andhra Pradesh, there shall, on and from the appointed day, be two separate cadres, one for the State of Andhra Pradesh and the other for the State of Telangana in
(1) Every person who immediately before the appointed day is serving on substantive basis in connection with the affairs of the existing State of Andhra Pradesh shall, on and from that day provisionally continue to serve in connection with the affairs of the State of Andhra Pradesh unless he is required, by general or special order of the Central Government to serve provisionally in connection with the affairs of the State of Telangana:
Provided that every direction under this sub-section issued after the expiry of a period of one year from the appointed day shall be issued with the consultation of the Governments of the successor States.
(2) As soon as may be after the appointed day, the Central Government shall, by general or special order, determine the successor State to which every person referred to in sub-section (1) shall be fi
(1) Nothing in this section or in section 77 shall be deemed to affect, on or after the appointed day, the operation of the provisions of Chapter I of Part XIV of the Constitution in relation to determination of the conditions of service of persons serving in connection with the affairs of the Union or any State:
Provided that the conditions of service applicable immediately before the appointed day in the case of any person deemed to have been allocated to the State of Andhra Pradesh or to the State of Telangana under section 77 shall not be varied to his disadvantage except with the previous approval of the Central Government.
(2) All services prior to the appointed day rendered by a person,-
(a) if he is deemed to have been allocated to any State under section 77, shall be deemed to have
Every person who, immediately before the appointed day, is holding or discharging the duties of any post or office in connection with the affairs of the existing State of Andhra Pradesh in any area which on that day falls within one of the successor States shall continue to hold the same post or office in that successor State, and shall be deemed, on and from that day, to have been duly appointed to the post or office by the Government of, or other appropriate authority in, that successor State:
Provided that nothing in this section shall be deemed to prevent a competent authority, on and from the appointed day, from passing in relation to such person any order affecting the continuance in such post or office.
(1) The Central Government may, by order, establish one or more Advisory Committees, within a period of thirty days from the date of enactment of the Andhra Pradesh Reorganisation Act, 2014, for the purpose of assisting it in regard to--
(a) the discharge of any of its functions under this Part; and
(b) the ensuring of fair and equitable treatment to all persons affected by the provisions of this Part and the proper consideration of any representations made by such persons.
(2) The allocation guidelines shall be issued by the Central Government on or after the date of enactment of the Andhra Pradesh Reorganisation Act, 2014 and the actual allocation of individual employees shall be made by the Central Government on the recommendations of the Advisory Committee:
&nb
The Central Government may give such directions to the State Government of Andhra Pradesh and the State Government of Telangana as may appear to it to be necessary for the purpose of giving effect to the foregoing provisions of this Part and the State Governments shall comply with such directions.
On and from the appointed day, the employees of State Public Sector Undertakings, corporations and other autonomous bodies shall continue to function in such undertaking, corporation or autonomous bodies for a period of one year and during this period the corporate body concerned shall determine the modalities for distributing the personnel between the two successor States.
(1) The Public Service Commission for the existing State of Andhra Pradesh shall, on and from the appointed day, be the Public Service Commission for the State of Andhra Pradesh.
(2) There shall be constituted a Public Service Commission in accordance with article 315 of the Constitution by the successor State of Telangana, and until such Commission is constituted, the Union Public Service Commission may, with the approval of the President, agree to serve the needs of the State of Telangana in terms clause (4) of that article.
(3) The persons holding office immediately before the appointed day as the Chairman or other member of the Public Service Commission for the existing State of Andhra Pradesh shall, as from the appointed day, be the Chairman or, as the case may be, the other member of the Public Service Commission for the State of
(1) The Central Government shall, on and from the appointed day, constitute an Apex Council for the supervision of the functioning of the Godavari River Management Board and Krishna River Management Board.
(2) The Apex Council shall consist of---
(a) Minister of Water Resources, Government of India-Chairperson;
(b) Chief Minister of State of Andhra Pradesh-Member;
(c) Chief Minister of State of Telangana-Member.
(3) The functions of the Apex Council shall include--
(i) supervision of the functioning of the Godavari River Management Boardand Krishna River Management Board;
(ii) planning and approval of proposal
(1) The Central Government shall constitute two separate Boards to be called the Godavari River Management Board and Krishna River Management Board (to be known as the Board), within a period of sixty days from the appointed day, for the administration, regulation, maintenance and operation of such projects, as may be notified by the Central Government from time to time.
(2) The headquarters of Godavari River Management Board shall be located in the successor State of Telangana and of the Krishna River Management Board shall be located in the successor State of Andhra Pradesh.
(3) The Godavari River Management Board and Krishna River Management Board shall be autonomous bodies under the administrative control of the Central Government, and shall comply with such directions as may, from time to time, be given to them by the Central Gove
(1) The Board shall employ such staff as it may consider necessary for the efficient discharge of its functions under this Act and such staff shall, at the first instance, be appointed on deputation from the successor States in equal proportion and absorbed permanently in the Board.
(2) The Government of the successor States shall at all times provide the necessaryfunds to the Board to meet all expenses (including the salaries and allowances of the staff) required for the discharge of its functions and such amounts shall be apportioned between the States concerned in such proportion as the Central Government may, having regard to the benefits to each of the said States, specify.
(3) The Board may delegate such of its powers, functions and duties as it may deem fit to the Chairman of the said Board or to any officer subordinate to the B
(1) The Board shall ordinarily exercise jurisdiction on Godavari and Krishna rivers in regard to any of the projects over headworks (barrages, dams, reservoirs, regulating structures), part of canal network and transmission lines necessary to deliver water or power to the States concerned, as may be notified by the Central Government, having regard to the awards, if any, made by the Tribunals constituted under the Inter-State River Water Disputes Act, 1956.
(2) If any question arises as to whether the Board has jurisdiction undersub-section (1) over any project referred thereto, the same shall be referred to the Central Government for decision thereon.
The Board may make regulations consistent with the Act and the rules made thereunder, to provide for-
(a) regulating the time and place of meetings of the Board and the procedure tobe followed for the transaction of business at such meetings;
(b) delegation of powers and duties of the Chairman or any officer of the Board;
(c) the appointment and regulation of the conditions of service of the officersand other staff of the Board;
(d) any other matter for which regulations are considered necessary by theBoard.
The term of the Krishna Water Disputes Tribunal shall be extended with the following terms of reference, namely:--
(a) shall make project-wise specific allocation, if such allocation have not beenmade by a Tribunal constituted under the Inter-State River Water Disputes Act, 1956;
(b) shall determine an operational protocol for project-wise release of water inthe event of deficit flows.
Explanation.-- For the purposes of this section, it is clarified that the project specific awards already made by the Tribunal on or before the appointed day shall be binding on the successor States.
(1) The Polavaram Irrigation Project is hereby declared to be a national project.
(2) It is hereby declared that it is expedient in the public interest that the Union should take under its control the regulation and development of the Polavaram Irrigation Project for the purposes of irrigation.
(3) The consent for Polavaram Irrigation Project shall be deemed to have been given by the successor State of Telangana.
(4) The Central Government shall execute the project and obtain all requisite clearances including environmental, forests, and rehabilitation and resettlement norms.
(1) The Governments of the successor States of Andhra Pradesh and Telangana shall replace the existing State of Andhra Pradesh on the Tungabhadra Board.
(2) The Tungabhadra Board shall continue to monitor the release of water to High Level Canal, Low Level Canal and Rajolibanda Diversion Scheme.
The principles, guidelines, directions and orders issued by the Central Government, on and from the appointed day, on matters relating to coal, oil and natural gas, and power generation, transmission and distribution as enumerated in the Twelfth Schedule shall be implemented by the successor States.
The Central Government shall take all necessary measures as enumerated in the Thirteenth Schedule for the progress and sustainable development of the successor States within a period of ten years from the oppointed day.
(1) The Central Government shall take appropriate fiscal measures, including offer of tax incentives, to the successor States, to promote industrialisation and economic growth in both the States.
(2) The Central Government shall support the programmes for the development of backward areas in the successor States, including expansion of physical and social infrastructure.
(3) The Central Government shall provide special financial support for the creation of essential facilities in the new capital of the successor State of Andhra Pradesh including the Raj Bhawan, High Court, Government Secretariat, Legislative Assembly, Legislative Council, and such other essential infrastructure.
(4) The Central Government shall facilitate the creation of a new capital for the successor State of Andhra Prade
In order to ensure equal opportunities for quality higher education to all students in the successor States, the existing admission quotas in all government or private, aided or unaided, institutions of higher, technical and medical education in so far as it is provided under article 371D of the Constitution, shall continue as such for a period of ten years during which the existing common admission process shall continue.
Legal Comments - Andhra Pradesh Reorganisation Act, 2014 - Section 95
Introduction - Section 95 addresses continuation of existing admission quotas in higher education for ten years post-bifurcation; aims to ensure equal opportunities across successor states Telangana and Andhra Pradesh. [Kalluri Naga Narasimha Abhiram VS State of Telangana, Rep. by its Principal Secretary, Medical and Health Department]
What Section 95 Says - Concrete text: existing admission quotas in all government/private aided/unaided institutions for higher/technical/medical education under Article 371D shall continue for ten years with a continuing common admission process. [Kalluri Naga Narasimha Abhiram VS State of Telangana, Rep. by its Principal Secretary, Medical and Health Department] [Sanikommu Venkata Sai Bharath Reddy VS Union of India]
Essential purpose - Preserve the Presidential Order-based quota framework (as amended by Section 95) to prevent disruption of admissions after bifurcation; ensures continuity of local-area quotas and overall admission process. [04300003465], [Kalluri Naga Narasimha Abhiram VS State of Telangana, Rep. by its Principal Secretary, Medical and Health Department]
Scope of Section - Applies to institutions existing as on 02.06.2014 and under Article 371D arrangements; does not automatically apply to seats/institutions created after appointed day unless expressly covered by continuation or specific amendments. See discussions in Sanikommu Venkata Sai Bharath Reddy VS Union of India and Kalluri Naga Narasimha Abhiram VS State of Telangana, Rep. by its Principal Secretary, Medical and Health Department. [Sanikommu Venkata Sai Bharath Reddy VS Union of India] [Kalluri Naga Narasimha Abhiram VS State of Telangana, Rep. by its Principal Secretary, Medical and Health Department]
Interaction with Presidential Order - Section 95 interacts with the Andhra Pradesh Educational Institutions (Regulation of Admissions) Order, 1974 (Presidential Order) and its local-area definitions; Section 95 preserves the existing quota framework while allowing the Presidential Order to continue in force for the period. [Kalluri Naga Narasimha Abhiram VS State of Telangana, Rep. by its Principal Secretary, Medical and Health Department]
Local area provisions - The Presidential Order divides the state into local areas (OU, AU, SVU) and prescribes 85% reservations for local candidates with specified distributions; Section 95 contemplates preserving these quotas for ten years. [Sanikommu Venkata Sai Bharath Reddy VS Union of India]
In relation to post-2014 institutions - The 2017 amendment to Rules ( Telangana/ AP admissions) is scrutinized against Section 95; courts have held that Section 95 does not automatically cover seats created after 02.06.2014, thus amendments may be permissible only to the extent they respect the ten-year continuity for pre-2014 institutions. See detailed analysis in Kalluri Naga Narasimha Abhiram VS State of Telangana, Rep. by its Principal Secretary, Medical and Health Department and Sanikommu Venkata Sai Bharath Reddy VS Union of India. [Kalluri Naga Narasimha Abhiram VS State of Telangana, Rep. by its Principal Secretary, Medical and Health Department] [Sanikommu Venkata Sai Bharath Reddy VS Union of India]
Constitutional backdrop - Article 371D provides President-made orders for local reservation and admissions; Section 95 is read alongside Article 371D to ensure compatibility of state actions post-bifurcation. [Kalluri Naga Narasimha Abhiram VS State of Telangana, Rep. by its Principal Secretary, Medical and Health Department]
Legitimacy of amendments - Courts have generally upheld amendments that align with the Presidential Order and Section 95, clarifying that changes must still respect the ten-year continuity mandate and not undermine equal opportunities. See Kalluri Naga Narasimha Abhiram VS State of Telangana, Rep. by its Principal Secretary, Medical and Health Department (analysis of 2017 Rules and amendments). [Kalluri Naga Narasimha Abhiram VS State of Telangana, Rep. by its Principal Secretary, Medical and Health Department]
Legislative intent - The Act reflects Parliament’s intent to stabilize admissions and avoid sudden policy shifts impacting tens of thousands of students and institutions across two states; emphasis on predictable quotas and process continuity. [Kalluri Naga Narasimha Abhiram VS State of Telangana, Rep. by its Principal Secretary, Medical and Health Department]
Application to domicile/residence challenges - Several cases discuss domicile/residence-based eligibility under the Presidential Order; Section 95 does not create an independent right to seats post-2024 for new institutions, but reinforces continuity for pre-bifurcation quotas. See Kalluri Naga Narasimha Abhiram VS State of Telangana, Rep. by its Principal Secretary, Medical and Health Department, Sanikommu Venkata Sai Bharath Reddy VS Union of India. [Kalluri Naga Narasimha Abhiram VS State of Telangana, Rep. by its Principal Secretary, Medical and Health Department] [Sanikommu Venkata Sai Bharath Reddy VS Union of India]
Interaction with local cadres and education policy - Section 95 must be read with Article 371D’s local-area reservations; the combined framework governs admissions across both successor states for the ten-year window. [Kalluri Naga Narasimha Abhiram VS State of Telangana, Rep. by its Principal Secretary, Medical and Health Department] [Sanikommu Venkata Sai Bharath Reddy VS Union of India]
Judicial approach to ambiguity - Courts emphasize giving effect to every word of the statute; when interpreting Section 95, the focus is on maintaining the existing quota (existing admission quotas) rather than creating new post-bifurcation entitlements. [Kalluri Naga Narasimha Abhiram VS State of Telangana, Rep. by its Principal Secretary, Medical and Health Department]
Appointed day and successor states - Appointed day (02.06.2014) anchors eligibility for continuity under Section 95; decisions regarding institutions created after appointed day require careful statutory interpretation to determine applicability. [Union of India, through the Secretary, Department of Personnel & Training VS Somesh Kumar], [Kalluri Naga Narasimha Abhiram VS State of Telangana, Rep. by its Principal Secretary, Medical and Health Department]
Delimitation and elections context - While Section 95 concerns education admissions, related provisions in the Act (e.g., Schedule IX/X institutions) interact with asset/personnel allocations; case law illustrates broader reorganization jurisprudence. [Polineni Pavani Venkata Harika vs The State of Telangana], [J. Nagabhushana Reddy S/o J. Busi Reddy VS High Court of Judicature at Hyderabad for the State of Telangana]
Right to representation and competition - Writ petitions challenge changes to admission rules; courts typically permit sympathetic consideration within law, stressing adherence to the ten-year continuity framework and preservation of existing quotas. [Sireesha Simhadri, W/o. S. Venkat Krishna Kishore VS State of Andhra Pradesh, rep. by its Principal Secretary, Department of Health, Medical & Family Welfare], [Sanikommu Venkata Sai Bharath Reddy VS Union of India]
Key precedents cited - Notable references include Bathina Rajya Shilpa, Pradeep Jain, Meenakshi Malik, Sandeep and others; these inform treatment of domicile/residence claims and legitimate expectations under post-bifurcation rules. [Sanikommu Venkata Sai Bharath Reddy VS Union of India], [Kalluri Naga Narasimha Abhiram VS State of Telangana, Rep. by its Principal Secretary, Medical and Health Department]
Asset and liability apportionment context - Section 53/68 interplay in cases involving distribution of assets and appointments; while not directly Section 95, these rulings illustrate how reorganization provisions are applied in practice alongside Section 95. [ITC Ltd. VS State of Andhra Pradesh], [P. Sunitha Bai VS State of Telangana]
Practical takeaway for administrators - Institutions and admissions authorities must plan for a ten-year regime, maintain transparency in seat matrices, and align amendments with the Presidential Order and Section 95; avoid mid-course deviations that could undermine the ten-year continuity. [Kalluri Naga Narasimha Abhiram VS State of Telangana, Rep. by its Principal Secretary, Medical and Health Department], [Sanikommu Venkata Sai Bharath Reddy VS Union of India]
Critical caveat on post-2024 seats - For institutions established after 02.06.2014, the 85% local reservation framework may not automatically apply via Section 95; any reservation beyond the existing quota must be carefully justified under constitutional and statutory provisions. [Kalluri Naga Narasimha Abhiram VS State of Telangana, Rep. by its Principal Secretary, Medical and Health Department], [Sanikommu Venkata Sai Bharath Reddy VS Union of India]
Conclusion - Section 95 acts as a stabilizing, transitional provision ensuring continuity of pre-bifurcation admissions quotas for ten years, harmonizing with Article 371D and the Presidential Order; its correct application requires consistent reading with the Presidential Order and relevant amendments, preventing disruption to students’ academic opportunities. [Kalluri Naga Narasimha Abhiram VS State of Telangana, Rep. by its Principal Secretary, Medical and Health Department], [Sanikommu Venkata Sai Bharath Reddy VS Union of India]
Source references for the points above are drawn from: - Kalluri Naga Narasimha Abhiram VS State of Telangana, Rep. by its Principal Secretary, Medical and Health Department- Sanikommu Venkata Sai Bharath Reddy VS Union of India- 04300003465- Union of India, through the Secretary, Department of Personnel & Training VS Somesh Kumar- Polineni Pavani Venkata Harika vs The State of Telangana- J. Nagabhushana Reddy S/o J. Busi Reddy VS High Court of Judicature at Hyderabad for the State of Telangana- 0420000000 series entries as context where cited in the provided materials.
In sub-clause (a) of clause (1) of article 168 of the Constitution, for the word "Tamil Nadu", the words "Tamil Nadu, Telangana" shall be substituted.
On and from the appointed day, in article 371D of the Constitution,--
(a) in the marginal heading, for the words "the State of Andhra Pradesh", the words "the State of Andhra Pradesh or the State of Telangana" shall be substituted;
(b) for clause (1), the following clause shall be substituted, namely:-- "(1) The President may by order made with respect to the State of Andhra Pradesh or the State of Telangana, provide, having regard to the requirement of each State, for equitable opportunities and facilities for the people belonging to different parts of such State, in the matter of public employment and in the matter of education, and different provisions may be made for various parts of the States.";
(c) in clause (3), for the words "the State of Andhra Pradesh", the words "the State of An
In section 15A of the Representation of the People Act, 1951, after the words and figures "under the Tamil Nadu Legislative Council Act, 2010", the words and figures "and constituting the Legislative Council of the State of Telangana under the Andhra Pradesh Reorganisation Act, 2014" shall be inserted.
On and from the appointed day, in section 15 of the States Reorganisation Act, 1956, in clause (e), for the words "Andhra Pradesh", the words "Andhra Pradesh and Telangana" shall be substituted.
The provisions of Part II shall not be deemed to have affected any change in the territories to which the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 and any other law in force immediately before the appointed day extends or applies, and territorial references in any such law to the State of Andhra Pradesh shall, until otherwise provided by a competent Legislature or other competent authority be construed as meaning the territories within the existing State of Andhra Pradesh before the appointed day.
For the purpose of facilitating the application in relation to the State of Andhra Pradesh or the State of Telangana of any law made before the appointed day, the appropriate Government may, before the expiration of two years from that day, by order, make such adaptations and modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient, and thereupon every such law shall have effect subject to the adaptations and modifications so made until altered, repealed or amended by a competent Legislature or other competent authority.
Explanation.-- In this section, the expression "appropriate Government" means as respects any law relating to a matter enumerated in the Union List, the Central Government, and as respects any other law in its application to a State, the State Government.
Notwithstanding that no provision or insufficient provision has been made under section 102 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 Pradesh or the State of Telangana, construe the law in such manner, without affecting the substance, as may be necessary or proper in regard to the matter before the court, tribunal or authority.
The Government of the State of Telangana, as respects the transferred territory may, by notification in the Official Gazette, specify the authority, officer or person who, on or after the appointed day, shall be competent to exercise such functions exercisable under any law in force on that day as may be mentioned in that notification and such law shall have effect accordingly.
Where, immediately before the appointed day, the existing State of Andhra Pradesh is a party to any legal proceedings with respect to any property, rights or liabilities subject to apportionment between the States of Andhra Pradesh and Telangana under this Act, the State of Andhra Pradesh or the State of Telangana 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 existing State of Andhra Pradesh or added as a party to those proceedings, and the proceedings may continue accordingly.
(1) Every proceeding pending immediately before the appointed day before a court (other than High Court), tribunal, authority or officer in any area which on that day falls within the State of Andhra Pradesh shall, if it is a proceeding relating exclusively to the territory, which as from that day are the territories of the State of Telangana, stand transferred to the corresponding court, tribunal, authority or officer of that State.
(2) If any question arises as to whether any proceeding should stand transferred under sub-section (1) it shall be referred to the High Court at Hyderabad and the decision of that High Court shall be final.
(3) In this section--
(a) "proceeding" includes any suit, case or appeal; and
(b) "corresponding court, tribunal
Any person who, immediately before the appointed day, is enrolled as a pleader entitled to practise in any subordinate court in the existing State of Andhra Pradesh shall, for a period of one year from that day, continue to be entitled to practise in those courts, notwithstanding that the whole or any part of the territories within the jurisdiction of those courts has been transferred to the State of Telangana.
The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law.
(1) 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:
Provided that no such order shall be made after the expiry of a period of three years from the appointed day.
(2) Every order made under this section shall be laid before each House of Parliament.
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