(1) This Act may be called the Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959.
In this Act, unless the context otherwise requires,—
As from the appointed day, there shall be added—
(1) The territories specified in Part I of the First Schedule shall be included in, and form part of, Chittoor district; and the said territories, together with the territories comprised in the villages of Puttur taluk specified in the Third Schedule and the territories which immediately before the appointed day were comprised in Kanakammachatram and Tiruttani firkas of Tiruttani taluk but are not transferred by virtue of section 3 of the State of Madras, shall form a taluk to be known as Sathyavedu taluk in Chittoor district.
(1) The territories which immediately before the appointed day were comprised in Sathyavedu firka of Ponneri taluk and Uttukkottai firka of Tiruvallur taluk but are not transferred by virtue of section 3 to the State of Andhra Pradesh shall be included in, and form part of, Gummidipundi firka of Ponneri taluk.
As from the appointed day, in the First Schedule to the Constitution, under the heading "I. THE STATES",—
Nothing in the foregoing provisions of this Part shall be deemed to affect the power of the State Government of Andhra Pradesh or Madras to alter after the appointed day the name, extent or boundaries of any district, taluk, firka or village in the State.
As from the appointed day, in the Fourth Schedule to the Constitution, in the second column of the Table,—
(1) As soon as may be after the appointed day, a bye-election shall be held to fill the additional seat allotted to the State of Madras in the Council of States by virtue of section 8.
The First Schedule to the Delimitation of Parliamentary and Assembly Constituencies Order, 1956, shall have effect subject to the modifications specified in the Fourth Schedule to this Act.
Every sitting member of the House of the People representing a constituency the extent of which is altered by virtue of section 10 shall be deemed to have been elected to the said House by that constituency as so altered.
The total number of seats in the Legislative Assembly of Andhra Pradesh to be filled by persons chosen by direct election shall be reduced from 301 to 300 and that in the Legislative Assembly of Madras shall be increased from 205 to 206; and, accordingly, in the Second Schedule to the Representation of the People Act, 1950 (43 of 1950), for the figures "301" against "Andhra Pradesh", the figures "300" shall be substituted, and for the figures "205" against "Madras", the figures 206 shall be substituted.
The Second Schedule to the Delimitation of Parliamentary and Assembly Constituencies Order, 1956, shall have effect subject to the modifications specified in the Fifth Schedule to this Act.
The Delimitation Commission's Final Order No. 19, dated the 4th October, 1954, shall have effect subject to the modifications specified in the Sixth Schedule.
(1) The sitting members of the Legislative Assembly of Andhra Pradesh representing the Vadamalpet, Vepanjeri, Chittoor and Kuppam constituencies shall, notwithstanding the alteration in the extent thereof by the provisions of this Act, be deemed to have been respectively elected to the said Assembly by the said constituencies as so altered.
(1) Any reference in the Delimitation of Council Constituencies (Andhra Pradesh) Order, 1957, to the State of Andhra Pradesh or to Chittoor district shall be construed as excluding the territories transferred from that State or district, as the case may be, to the State of Madras and as including the territories transferred to that State or district, as the case may be, from the State of Madras.
Every sitting member of the Legislative Council of Andhra Pradesh or of Madras representing a Council constituency the extent of which is altered by virtue of section 16 shall, as from the appointed day, be deemed to have been elected to the said Council by that constituency as so altered.
(1) Except as hereinafter provided,—
(1) Except as hereinafter provided,—
Any person who immediately before the appointed day is an advocate entitled to practise, or an attorney entitled to act, in the High Court of Andhra Pradesh or the High Court at Madras and was authorised to appear or to act in any proceedings transferred under section 18 or section 19 shall have the right to appear, or to act, as the case may be, in the High Court to which the proceedings have been transferred, in relation to those proceedings.
For the purposes of sections 18 and 19,—
(1) As from the appointed day, any Act passed by the Legislature of the State of Andhra Pradesh or Madras before that day for the appropriation of any moneys out of the Consolidated Fund of the State to meet any expenditure in respect of any part of the financial year 1959-60 shall have effect also in relation to the territories transferred to that State by the provisions of Part II and it shall be lawful for the State Government to spend any amount in those territories out of the amount authorised by such Act to be expended for any service in that State.
The reports of the Comptroller and Auditor-General of India referred to in clause (2) of article 151 of the Constitution relating to the accounts of the State of Andhra Pradesh or Madras in respect of any period prior to the appointed day shall be submitted to the Governor of each of the States of Andhra Pradesh and Madras who shall cause them to be laid before the Legislature of the State.
Section 3 of the Union Duties of Excise (Distribution) Act, 1957 (55 of 1957), sections 3 and 5 of the Estate Duty and Tax on Railway Passenger Fares (Distribution) Act, 1957 (57 of 1957), section 4 of and the Second Schedule to the Additional Duties of Excise (Goods of Special Importance) Act, 1957 (58 of 1957) and paragraphs 3 and 5 of the Constitution (Distribution of Revenues) No. 2 Order, 1957, shall, as from the appointed day, have effect subject to such modifications as the President may, by order published in the Official Gazette, specify having regard to the transfer of territories effected by the provisions of Part II of this Act.
(1) Subject to the other provisions of this Part, all land and all stores, articles and other goods, including cash balances in all treasuries in the territories specified in the First Schedule or the Second Schedule shall, as from the appointed day, pass to the State to which the territories are transferred.
The right of Andhra Pradesh or Madras to recover arrears of any tax or duty on property situate in the transferred territories, including land revenue, or to recover arrears of any other tax or duty in any case where the place of assessment of that tax or duty is in the transferred territories shall belong to the State to which the territories are transferred.
The right to recover any loans or advances made before the appointed day by Andhra Pradesh or Madras to any local body, society, agriculturist or other person in the transferred territories shall belong to the State to which the territories are transferred.
The liability of Andhra Pradesh or Madras to refund any tax or duty on property situate in the transferred territories, including land revenue, collected in excess shall be the liability of the State to which the territories are transferred, and the liability of Andhra Pradesh or Madras to refund any other tax or duty collected in excess in any case where the place of assessment of that tax or duty is in the transferred territories shall also be the liability of the State to which those territories are transferred.
The liability of Andhra Pradesh or Madras in respect of any civil deposit or local fund deposit made in the transferred territories shall, as from the appointed day, be the liability of the State to which the territories are transferred.
The liability of Andhra Pradesh or Madras 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 State to which the Government servant is permanently allotted.
The liability of Andhra Pradesh or Madras in respect of pensions shall be apportioned between those States in such manner as may be agreed upon between them or, in default of such agreement, in such manner as the President may, by notified order, specify having regard to the transfer of territories effected by this Act and the principles underlying the provisions of the Fifth Schedule to the States Reorganisation Act, 1956 (37 of 1956).
(1) Where, before the appointed day, the State of Andhra Pradesh or Madras has made any contract in the exercise of its executive power for any purposes of the State, that contract shall be deemed to have been made in the exercise of the executive power,—
Where, immediately before the appointed day, the State of Andhra Pradesh or Madras is subject to any liability in respect of an actionable wrong, other than breach of contract, that liability shall,—
Where, immediately before the appointed day, the State of Andhra Pradesh or Madras is liable as guarantor in respect of any liability of a registered co-operative society, that liability shall,—
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.
Where either Andhra Pradesh or Madras becomes entitled to any property or obtains any benefits or becomes subject to any liability, and the Central Government, on a reference made within a period of three years from the appointed day by either of the States, is of opinion that it is just and equitable that that property or those benefits should be transferred to, or shared with, the other State or that a contribution towards that liability should be made by the other 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 either Andhra Pradesh or Madras to the other State by virtue of the provisions of this Part shall be charged on the Consolidated Fund of the State by which such sums are payable.
(1) As from the appointed day, the Financial Corporation constituted under the State Financial Corporations Act, 1951 (63 of 1951), for the State of Andhra Pradesh shall be deemed to have been constituted for that State with its area as altered by the provisions of Part II of this Act.
In the Multi-Unit Co-operative Societies Act, 1942, in section 5A, in sub-section (1), for the words and figures "any co-operative society which, immediately before the 1st day of November, 1956", the words "or any other enactment relating to reorganisation of States, any co-operative society which, immediately before the day on which the reorganisation takes place" shall be substituted.
(1) As from the appointed day, the State Electricity Boards constituted under the Electricity (Supply) Act, 1948 (54 of 1948), for the States of Andhra Pradesh and Madras shall be deemed to have been constituted for those States with their areas as altered by the provisions of Part II of this Act.
(1) Notwithstanding anything contained in this Act, all rights and liabilities of the State of Madras in relation to the Araniar Project or the administration thereof shall, on the appointed day, be the rights and liabilities of the States of Andhra Pradesh and Madras, subject to such adjustments as may be made by agreement entered into by the said States or, if no such agreement is entered into within a period of one year from the appointed day, as the Central Government may by order determine having regard to the purposes of the Project, and any such order may provide for the management of the Project jointly by the said States or otherwise:
Notwithstanding anything contained in section 63 of the Motor Vehicles Act, 1939 (4 of 1939), a permit granted by the State Transport Authority of Andhra Pradesh or Madras or by any Regional Transport Authority in such State shall, if such permit was immediately before the appointed day valid and effective in any area within the transferred territories, be deemed to continue to be valid and effective in that area after that day 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 or any Regional Transport Authority in the State to which the territories are transferred for the purpose of validating it for use in such area:
(1) Every person who, immediately before the appointed day, is serving in connection with the affairs of Andhra Pradesh or Madras shall, as from that day, continue so to serve, unless he is required by general or special order of the Central Government to serve provisionally in connection with the affairs of the other State.
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 Andhra Pradesh or Madras in any area which on that day falls within the other State shall continue to hold the same post or office in the State in which such area is included on that day and shall be deemed as from that day to have been duly appointed to that post or office by the Government of, or other appropriate authority in, such State:
The provisions of section 3 shall not be deemed to have effected any change in the territories to which any law in force immediately before the appointed day extends or applies, and territorial references in any such law to Andhra Pradesh or Madras shall, until otherwise provided by a competent legislature or other competent authority, be construed as meaning the territories within that State immediately before the appointed day.
For the purpose of facilitating the application of any law in relation to Andhra Pradesh or Madras, the appropriate Government may, before the expiration of one year from the appointed 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 authority or competent legislature.
Notwithstanding that no provision or insufficient provision has been made 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 Andhra Pradesh or Madras, 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 Andhra Pradesh or Madras, as respects any territory transferred to that State by the provisions of Part II, may, by notification in the Official Gazette, specify the authority, officer or person who, as from the appointed day, shall be competent to exercise such functions exercisable under any law in force on that day as may be mentioned in that notification, and such law shall have effect accordingly.
Where, immediately before the appointed day, the State of Andhra Pradesh or Madras is a party to any legal proceedings with respect to any property, rights or liabilities transferred to the other State under this Act, the other State shall be deemed to be substituted for the State from which such property, rights or liabilities are transferred as a party to those proceedings, or added as a party thereto, as the case may be, and the proceedings may continue accordingly.
(1) Every proceeding pending immediately before the appointed day before a court (other than a High Court), tribunal, authority or officer in any area which on that day falls within the State of Andhra Pradesh or Madras shall, if it is a proceeding relatable exclusively to any part of the territories which as from that day are the territories of the other State, stand transferred to the corresponding court, tribunal, authority or officer in the other State.
Any person who, immediately before the appointed day, is enrolled as a pleader entitled to practise in any subordinate courts in the transferred territories shall, for a period of six months 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 another State.
The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law.
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.
(1) The Central Government may, by notification in the Official Gazette, make rules to give effect to the provisions of this Act.