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THE
ANDHRA PRADESH REORGANISATION BILL, 2013
PART
I
PRELIMINARY
1.
This Act may be called the Andhra Pradesh Reorganisation Act, 2013.
Short
title.
2.
In this Act, unless the context otherwise requires,-
Definitions.
(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;
43
of 1950.
(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, order, bye-law,
rule, scheme, notification or other instrument having, immediately before the
appointed day, the force of law in the whole or in any part of the existing
State of Andhra Pradesh;
(g)
"notified order" means an order published in the Official Gazette;
(h)
"population ratio", in relation to the States of Andhra Pradesh and
Telangana, means the ratio of 58.32 : 41.68 as per 2011
Census;
(i)
"sitting member", in relation to either House of Parliament or of the
Legislature of the existing State of Andhra Pradesh, means a person who
immediately before the appointed day, is a member of that House;
(j)
"successor State", in relation to the existing State of Andhra Pradesh,
means the State of Andhra Pradesh or the State of Telangana, as the case may
be;
(k)
"transferred territory" means the territory which on the appointed
day is transferred from the existing State of Andhra Pradesh to the State of
Telangana;
(l)
"treasury" includes a sub-treasury; and
(m)
any reference to a district, mandal, tehsil, taluk or other territorial
division of the existing State of Andhra Pradesh shall be construed as a
reference to the area comprised within that territorial division on the
appointed day.
PART
II
REORGANISATION
OF THE STATE OF ANDHRA PRADESH
3.
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:-
Formation
of Telangana State.
Adilabad,
Karimnagar, Medak, Nizamabad, Warangal, Rangareddi, Nalgonda, Mahbubnagar,
Khammam and Hyderabad districts, and thereupon the said territories shall cease
to formpart of the existing State of Andhra Pradesh.
4.
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.
State
of Andhra Pradesh and territorial divisions thereof.
5.
(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.
Hyderabad
to be common capital for States of Telangana and Andhra Pradesh.
(2)
After expiry of the period referred to in sub-section (1), Hyderabad shall be
the capital of the State of Telangana and there shall be a new capital for the
State of Andhra Pradesh. Explanation.–– In this Part, the common capital
includes the existing area notified as the Greater Hyderabad Municipal Corporation
under the Hyderabad Municipal Corporation Act, 1955.
6.
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 forty-five days from the date of enactment of the Andhra Pradesh
Reorganisation Act, 2013.
Expert
Committee for setting up of a capital for Andhra Pradesh.
7.
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 .
Governor
of existing State of Andhra Pradesh to be common Governor .
8.(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.
Responsibility
of Governor to protect residents of common capital of Hyderabad.
(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, exercisehis individual judgment as to
the action to be taken: Provided that if any question arises whether any matter
is or
is
not a matter as respects which the Governor is under this sub-section required
to act in the exercise of his individual judgment, the decision of the Governor
in his discretion shall be final, and the validity of anything done by the
Governor shall not be called
in
question on the ground that he ought or ought not to have acted in the exercise
of his individual judgment:
(4)
The Governor shall be assistedby two advisors to be appointed by the Central
Government.
8A
.
(1) The Central Government shall assist the successor States of Andhra Pradesh
and Telangana to raise additional police forces.
Assistance
of police forces from the Central Government to the successor States, etc
(2)
The Central Government shall, for a period of three years, on and from the
appointed day, maintain and administer the Greyhound Training Centre in
Hyderabad which shall function as a common training centre for the successor
States and, at the expiry of the said period, the existing Greyhound Training
Centre in Hyderabad shall become the training centre of the State of Telangana.
(3) The
Central Government shall assist the successor State of Andhra Pradesh to set up
a similar state-of the-art training centre at such place as the State
Government of Andhra Pradesh may by order notify.
(4) The Central Government shall provide
financial assistance to the successor States in setting up new operational hubs
for Greyhounds at such locations as the successor States may by order notify.
(5) The Greyhound and OCTOPUS forces
of the existing State of Andhra Pradesh shall be distributed between the
successor States after seeking options from the personnel and, each of these
forces, on or after the appointed day shall function under the respective Director
General of Police of the successor States.
9. On and from the appointed day, in
the First Schedule to the Constitution, under the heading "I. THE
STATES,––
Amendment of the First Schedule to the
Constitution.
(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, 2013";
(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, 2013.".
10. 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.
Saving powers of State Governments.
PART III
REPRESENTATION IN THE LEGISLATURES THE
COUNCIL OF STATES
11. On and from the appointed day,
in the Fourth Schedule to the Constitution, in the Table,-
Amendment of Fourth Schedule to Constitution.
(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".
12. (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.
Allocation of sitting members.
(2) The term of office of such
sitting members shall remain unaltered.
THE HOUSE OF THE PEOPLE
43 of 1950.
13. 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.
Representation
in House of the People.
14. 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.
Delimitation of Parliamentary and
Assembly Constituencies.
15. (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 13, 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.
Provision as to sitting members.
(2) The term of office of such sitting
members shall remain unaltered.
THE LEGISLATIVE ASSEMBLY
16. (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.
Provisions as to Legislative Assemblies.
(2) 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.
(3) In the Second Schedule to the
Representation of the People Act, 1950, under the heading "I.
STATES:"––
(a) in entry 1, for the figures
"294", the figures "175" shall be substituted;
(b) entries 25 to 28 shall be
renumbered as entries 26 and 29 respectively;
(c) after entry 24, the following entry
shall be inserted, namely:-
___1_________ ____5
"25. Telangana 119”.
17. (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 16 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
provisional Legislative Assembly of Telangana from that constituency as so
allotted.
Allocation of sitting members.
(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
16, shall be deemed to have been elected to the Legislative Assembly of Andhra
Pradesh by that constituency as so altered.
(3) Notwithstanding anything
contained in any other law for the time being in force, the Legislative
Assemblies of Andhra Pradesh and Telangana shall be deemed to be duly
constituted on the appointed day.
18.(1) On and from the appointed day
and until the Legislative Assembly of the successor State of Telangana has been
duly constituted and summoned to meet for the first session under the provisions
of the Constitution, there shall be constituted a
provisional Legislative Assemblyof
the State of Telangana, consisting of the 119 sitting memb
ers of the Legislative Assembly of
the existing State of Andhra Pradesh representing the Assembly constituencies
of the territories transferred by virtue of the provisions of section 3.
Composition of provisional Legislative
Assembly of Telangana.
(2) The sitting member of the
Legislative Assembly of the existing State of Andhra Pradesh nominated
to that Assembly under article 333
to represent the Anglo-Indian community shall be deemed to have been nominated
to represent the community in the provisional Legislative Assembly of Telangana
under that article.
(3) The provisional Legislative Assembly
of the State of Telangana shall exercise all the powers and perform all the
duties conferred by the provisions of the Constitutionon the Legislative
Assembly of that State.
(4) The term of office of the
members of the provisional Legislative Assembly of the State of Telangana
shall, unless the said Legislative Assembly is sooner dissolved, expire
immediately before the first meeting of the Legislative Assembly of the State
of Telangana.
19. The period of five years
referred to in clause (1) of article 172 sha1l, in the case of the Legislative
Assembly of the State of
Andhra Pradesh and of the
provisional 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.
Duration of Legislative Assemblies.
20. (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.
Speaker and Deputy Speaker.
(2) As soon as may be after the
appointed day, the provisional Legislative Assembly of the successor State of
Telangana shall
choose two members of that Assembly
to be respectively Speaker and Deputy Speaker thereof and until they are so
chosen, the duties of the office of Speaker shall be performed by such member
of the Assembly as the Governor may appoint for the purpose.
21. The rules of procedure and conduct
of business of the Legislative Assembly of Andhra Pradesh as in force
immediately before the appointed day shall, until rules are made under clause
(1) of article 208, be the rules of procedure and conduct of business of the
Legislative Assembly of Telangana, subject to such modifications and
adaptations asmay be made therein by the
speaker thereof.
Rules of procedure.
THE LEGISLATIVE COUNCILS
22. (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.
