The Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959
Administered Ministry: Ministry of Home Affairs / Department of States
Section
Section 1 Short title and commencement.
(1) This Act may be called the Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959.
(2) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint.
(2) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint.
1. 1st April, 1960, vide Notification No. S.O. 2863, dated 29th December, 1959, see Gazette of India, Extraordinary, Part II, sec. 3(ii).
Section 2 Definitions.
In this Act, unless the context otherwise requires,—
(a) "appointed day" means the date appointed under sub-section (2) of section 1 for the coming into force of this Act;
(b) "assembly constituency", "council constituency" and "parliamentary constituency" have the same meanings as in the Representation of the People Act, 1950 (43 of 1950);
(c) "law" includes any enactment, ordinance, regulation, order, bye-law, rule, scheme, notification or other instrument having the force of law in the whole or in any part of Andhra Pradesh or Madras;
(d) "notified order" means an order published in the Official Gazette;
(e) "sitting member", in relation to either House of Parliament or of the Legislature of a State, means a person who, immediately before the appointed day, is a member of that House;
(f) "transferred territories" means—
(i) in relation to the State of Andhra Pradesh, the territories specified in the Second Schedule and transferred from that State to Madras; and
(ii) in relation to the State of Madras, the territories specified in the First Schedule and transferred from that State to Andhra Pradesh;
(g) "treasury" includes a sub-treasury;
(h) any reference to a district, taluk, firka, village or other territorial division of a State shall be construed as a reference to the area comprised within that territorial division on the 1st day of July, 1957.
(a) "appointed day" means the date appointed under sub-section (2) of section 1 for the coming into force of this Act;
(b) "assembly constituency", "council constituency" and "parliamentary constituency" have the same meanings as in the Representation of the People Act, 1950 (43 of 1950);
(c) "law" includes any enactment, ordinance, regulation, order, bye-law, rule, scheme, notification or other instrument having the force of law in the whole or in any part of Andhra Pradesh or Madras;
(d) "notified order" means an order published in the Official Gazette;
(e) "sitting member", in relation to either House of Parliament or of the Legislature of a State, means a person who, immediately before the appointed day, is a member of that House;
(f) "transferred territories" means—
(i) in relation to the State of Andhra Pradesh, the territories specified in the Second Schedule and transferred from that State to Madras; and
(ii) in relation to the State of Madras, the territories specified in the First Schedule and transferred from that State to Andhra Pradesh;
(g) "treasury" includes a sub-treasury;
(h) any reference to a district, taluk, firka, village or other territorial division of a State shall be construed as a reference to the area comprised within that territorial division on the 1st day of July, 1957.
Section 3 Transfer of territories.
As from the appointed day, there shall be added—
(a) to the State of Andhra Pradesh, the territories specified in the First Schedule which shall thereupon cease to form part of the State of Madras; and
(b) to the State of Madras, the territories specified in the Second Schedule which shall thereupon cease to form part of the State of Andhra Pradesh.
(a) to the State of Andhra Pradesh, the territories specified in the First Schedule which shall thereupon cease to form part of the State of Madras; and
(b) to the State of Madras, the territories specified in the Second Schedule which shall thereupon cease to form part of the State of Andhra Pradesh.
Section 4 Changes of territorial divisions in Andhra Pradesh.
(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.
(2) The territories which immediately before the appointed day were comprised in Palliputtu and Erumbi firkas of Tiruttani taluk but are not transferred by virtue of section 3 to the State of Madras shall be included in, and form part of, Puttur taluk.
(3) The territories which immediately before the appointed day were comprised in Melpadi firka of Chittoor taluk but are not transferred by virtue of section 3 to the State of Madras shall be included in, and form part of, Chittoor firka of Chittoor taluk.
(4) The territories specified in Part II of the First Schedule shall be included in, and form part of, Kuppam West firka of Palmaner taluk in Chittoor district.
(2) The territories which immediately before the appointed day were comprised in Palliputtu and Erumbi firkas of Tiruttani taluk but are not transferred by virtue of section 3 to the State of Madras shall be included in, and form part of, Puttur taluk.
(3) The territories which immediately before the appointed day were comprised in Melpadi firka of Chittoor taluk but are not transferred by virtue of section 3 to the State of Madras shall be included in, and form part of, Chittoor firka of Chittoor taluk.
(4) The territories specified in Part II of the First Schedule shall be included in, and form part of, Kuppam West firka of Palmaner taluk in Chittoor district.
Section 5 Changes of territorial divisions in Madras.
(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.
(2) The territories specified in Parts I and II of the Second Schedule shall be included in and form a separate taluk to be known as Tiruttani taluk of Chingleput district; and in that taluk, the territories specified in Part II of that Schedule shall form a separate firka to be known as Kanakammachatram firka.
(3) The territories specified in Parts III, IV, V, VI, VII and VIII of the Second Schedule shall respectively be included in, and form part of,—
(a) Mappedu firka of Tiruvallur taluk of Chingleput district,
(b) Paranji firka of Arkonam taluk of North Arcot district,
(c) Arkonam firka of Arkonam taluk of North Arcot district,
(d) Ranipet firka of Walajapet taluk of North Arcot district,
(e) Gudiyattam East Firka of Gudiyattam taluk of North Arcot district, and
(f) Vaniyambadi firka of Tiruppattur taluk of North Arcot district.
(2) The territories specified in Parts I and II of the Second Schedule shall be included in and form a separate taluk to be known as Tiruttani taluk of Chingleput district; and in that taluk, the territories specified in Part II of that Schedule shall form a separate firka to be known as Kanakammachatram firka.
(3) The territories specified in Parts III, IV, V, VI, VII and VIII of the Second Schedule shall respectively be included in, and form part of,—
(a) Mappedu firka of Tiruvallur taluk of Chingleput district,
(b) Paranji firka of Arkonam taluk of North Arcot district,
(c) Arkonam firka of Arkonam taluk of North Arcot district,
(d) Ranipet firka of Walajapet taluk of North Arcot district,
(e) Gudiyattam East Firka of Gudiyattam taluk of North Arcot district, and
(f) Vaniyambadi firka of Tiruppattur taluk of North Arcot district.
Section 6 Amendment of First Schedule to the Constitution.
As from the appointed day, in the First Schedule to the Constitution, under the heading "I. THE STATES",—
(a) for the entry against "1. Andhra Pradesh", the following shall be substituted, namely:—
"The territories specified in sub-section (1) of section 3 of the Andhra State Act, 1953, sub-section (1) of section 3 of the States Reorganisation Act, 1956, and the First Schedule to the Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959, but excluding the territories specified in the Second Schedule to the last mentioned Act,"; and
(b) in the entry against "7. Madras",—
(i) after the words and figures "section 4 of the States Reorganisation Act, 1956", the words, brackets and figures "and the Second Schedule to the Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959," shall be inserted; and
(ii) for the words, brackets, letters and figures "and the territories specified in clause (b) of sub-section (1) of section 5, section 6 and clause (d) of sub-section (1) of section 7 of the States Reorganisation Act, 1956", the following shall be substituted, namely:—
"the territories specified in clause (b) of sub-section (1) of section 5, section 6 and clause (d) of sub-section (1) of section 7 of the States Reorganisation Act, 1956 and the territories specified in the First Schedule to the Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959".
(a) for the entry against "1. Andhra Pradesh", the following shall be substituted, namely:—
"The territories specified in sub-section (1) of section 3 of the Andhra State Act, 1953, sub-section (1) of section 3 of the States Reorganisation Act, 1956, and the First Schedule to the Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959, but excluding the territories specified in the Second Schedule to the last mentioned Act,"; and
(b) in the entry against "7. Madras",—
(i) after the words and figures "section 4 of the States Reorganisation Act, 1956", the words, brackets and figures "and the Second Schedule to the Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959," shall be inserted; and
(ii) for the words, brackets, letters and figures "and the territories specified in clause (b) of sub-section (1) of section 5, section 6 and clause (d) of sub-section (1) of section 7 of the States Reorganisation Act, 1956", the following shall be substituted, namely:—
"the territories specified in clause (b) of sub-section (1) of section 5, section 6 and clause (d) of sub-section (1) of section 7 of the States Reorganisation Act, 1956 and the territories specified in the First Schedule to the Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959".
Section 7 Saving powers of State Government.
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.
Section 8 Amendment of Fourth Schedule to the Constitution.
As from the appointed day, in the Fourth Schedule to the Constitution, in the second column of the Table,—
(a) for the figures "17" against Madras, the figures "18" shall be substituted; and
(b) for the figures "220", the figures "221" shall be substituted.
(a) for the figures "17" against Madras, the figures "18" shall be substituted; and
(b) for the figures "220", the figures "221" shall be substituted.
Section 9 Bye-election to fill the additional seat.
(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.
(2) The term of office of the member elected to the Council of States in pursuance of this section shall expire on the 2nd day of April, 1962.
(2) The term of office of the member elected to the Council of States in pursuance of this section shall expire on the 2nd day of April, 1962.
Section 10 Amendment of First Schedule to the Delimitation Order.
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.
Section 11 Provision as to sitting members.
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.
Section 12 Strength of Legislative Assemblies.
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.
Section 13 Amendment of Second Schedule to Delimitation Order.
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.
Section 14 Amendment of Delimitation Commission’s Final Order No. 19.
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.
Section 15 Provisions as to certain sitting member.
(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.
(2) The sitting members of the Legislative Assembly of Madras representing the Gummidipundi, Tiruvallur, Arkonam, Sholinghur, Ranipet, Gudiyattam, Vaniyambadi and Uddanapalli 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.
(3) The sitting members of the Legislative Assembly of Andhra Pradesh representing the Tiruttani constituency shall, as from the appointed day, be deemed to have been elected to that Assembly by the Sathyavedu constituency in the State of Andhra Pradesh.
(4) The sitting member of the Legislative Assembly of Andhra Pradesh representing the Ramakrishnarajupet constituency shall, as from the appointed day, cease to be a member of that Assembly and be deemed to have been elected to the Legislative Assembly of Madras from the Tiruttani constituency in the State of Madras.
(2) The sitting members of the Legislative Assembly of Madras representing the Gummidipundi, Tiruvallur, Arkonam, Sholinghur, Ranipet, Gudiyattam, Vaniyambadi and Uddanapalli 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.
(3) The sitting members of the Legislative Assembly of Andhra Pradesh representing the Tiruttani constituency shall, as from the appointed day, be deemed to have been elected to that Assembly by the Sathyavedu constituency in the State of Andhra Pradesh.
(4) The sitting member of the Legislative Assembly of Andhra Pradesh representing the Ramakrishnarajupet constituency shall, as from the appointed day, cease to be a member of that Assembly and be deemed to have been elected to the Legislative Assembly of Madras from the Tiruttani constituency in the State of Madras.
Section 16 Extent of Council constituencies.
(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.
(2) Any reference in the Delimitation of Council Constituencies (Madras) Order, 1951, to the State of Madras or to Chingleput, North Arcot or Salem district shall be construed as excluding the territories transferred from that State or district, as the case may be, to the State of Andhra Pradesh, and as including the territories transferred to that State or district, as the case may be, from the State of Andhra Pradesh.
(2) Any reference in the Delimitation of Council Constituencies (Madras) Order, 1951, to the State of Madras or to Chingleput, North Arcot or Salem district shall be construed as excluding the territories transferred from that State or district, as the case may be, to the State of Andhra Pradesh, and as including the territories transferred to that State or district, as the case may be, from the State of Andhra Pradesh.
Section 17 Sitting members.
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.
Section 18 Extension of jurisdiction of, and transfer of proceedings to, Andhra Pradesh High Court.
(1) Except as hereinafter provided,—
(a) the jurisdiction of the High Court of Andhra Pradesh shall, as from the appointed day, extend to the territories specified in the First Schedule; and
(b) the High Court at Madras shall, as from that day, have no jurisdiction in respect of the said territories.
(2) Such proceedings pending in the High Court at Madras immediately before the appointed day as are certified 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), but save as hereinafter provided, the High Court at Madras shall have, and the High Court of Andhra Pradesh shall not have, jurisdiction to entertain, hear or dispose of appeals, applications for leave to appeal to the Supreme Court, applications for review and other proceedings, where any such proceedings seek any relief in respect of any order passed by the High Court at Madras before the appointed day:
Provided that if, after such proceedings have been entertained by the High Court at Madras, it appears to the Chief Justice of that High Court that they ought to be transferred to the High Court of Andhra Pradesh, he shall order that they shall be so transferred, and such proceedings shall thereupon be transferred accordingly.
(4) Any order made by the High Court at Madras—
(a) before the appointed day in any proceedings transferred to the High Court of Andhra Pradesh by virtue of sub-section (2), or
(b) in any proceedings with respect to which the High Court at Madras retains jurisdiction by virtue of sub-section (3),
shall, for all purposes, have effect, not only as an order of the High Court at Madras, but also as an order made by the High Court of Andhra Pradesh.
(5) Subject to any rule made or direction given by the High Court of Andhra Pradesh, any such person who immediately before the appointed day is an advocate entitled to practise in the High Court at Madras as may be specified in this behalf by the Chief Justice of the High Court of Andhra Pradesh having regard to the transfer of territories from the State of Madras to the State of Andhra Pradesh, shall be recognised as an advocate entitled to practise in the High Court of Andhra Pradesh.
(a) the jurisdiction of the High Court of Andhra Pradesh shall, as from the appointed day, extend to the territories specified in the First Schedule; and
(b) the High Court at Madras shall, as from that day, have no jurisdiction in respect of the said territories.
(2) Such proceedings pending in the High Court at Madras immediately before the appointed day as are certified 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), but save as hereinafter provided, the High Court at Madras shall have, and the High Court of Andhra Pradesh shall not have, jurisdiction to entertain, hear or dispose of appeals, applications for leave to appeal to the Supreme Court, applications for review and other proceedings, where any such proceedings seek any relief in respect of any order passed by the High Court at Madras before the appointed day:
Provided that if, after such proceedings have been entertained by the High Court at Madras, it appears to the Chief Justice of that High Court that they ought to be transferred to the High Court of Andhra Pradesh, he shall order that they shall be so transferred, and such proceedings shall thereupon be transferred accordingly.
(4) Any order made by the High Court at Madras—
(a) before the appointed day in any proceedings transferred to the High Court of Andhra Pradesh by virtue of sub-section (2), or
(b) in any proceedings with respect to which the High Court at Madras retains jurisdiction by virtue of sub-section (3),
shall, for all purposes, have effect, not only as an order of the High Court at Madras, but also as an order made by the High Court of Andhra Pradesh.
(5) Subject to any rule made or direction given by the High Court of Andhra Pradesh, any such person who immediately before the appointed day is an advocate entitled to practise in the High Court at Madras as may be specified in this behalf by the Chief Justice of the High Court of Andhra Pradesh having regard to the transfer of territories from the State of Madras to the State of Andhra Pradesh, shall be recognised as an advocate entitled to practise in the High Court of Andhra Pradesh.
Section 19 Extension of jurisdiction of, and transfer of proceedings to, Madras High Court.
(1) Except as hereinafter provided,—
(a) the jurisdiction of the High Court at Madras shall, as from the appointed day, extend to the territories specified in the Second Schedule; and
(b) the High Court of Andhra Pradesh shall, as from that day, have no jurisdiction in respect of the said territories.
(2) Such proceedings pending in the High Court of Andhra Pradesh immediately before the appointed day as are certified by the Chief Justice of the 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 at Madras shall, as soon as may be after such certification, be transferred to the High Court at Madras.
(3) Notwithstanding anything contained in sub-sections (1) and (2). but save as hereinafter provided, the High Court of Andhra Pradesh shall have, and the High Court at Madras shall not have, jurisdiction to entertain, hear or dispose of appeals, applications for leave to appeal to the Supreme Court, applications for review and other proceedings, where any such proceedings seek any relief in respect of any order passed by the High Court of Andhra Pradesh before the appointed day:
Provided that if, after such proceedings have been entertained by the High Court of Andhra Pradesh, it appears to the Chief Justice of that High Court that they ought to be transferred to the High Court at Madras, he shall order that they shall be so transferred, and such proceedings shall thereupon be transferred accordingly.
(4) Any order made by the High Court of Andhra Pradesh—
(a) before the appointed day in any proceedings transferred to the High Court at Madras by virtue of sub-section (2), or
(b) in any proceedings with respect to which the High Court of Andhra Pradesh retains jurisdiction by virtue of sub-section (3),
shall, for all purposes, have effect, not only as an order of the High Court of Andhra Pradesh, but also as an order made by the High Court of Madras.
(5) Subject to any rule made or direction given by the High Court at Madras, any such person who immediately before the appointed day is an advocate entitled to practise in the High Court of Andhra Pradesh as may be specified in this behalf by the Chief Justice of the High Court at Madras having regard to the transfer of territories from the State of Andhra Pradesh to the State of Madras, shall be recognised as an advocate entitled to practise in the High Court at Madras.
(a) the jurisdiction of the High Court at Madras shall, as from the appointed day, extend to the territories specified in the Second Schedule; and
(b) the High Court of Andhra Pradesh shall, as from that day, have no jurisdiction in respect of the said territories.
(2) Such proceedings pending in the High Court of Andhra Pradesh immediately before the appointed day as are certified by the Chief Justice of the 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 at Madras shall, as soon as may be after such certification, be transferred to the High Court at Madras.
(3) Notwithstanding anything contained in sub-sections (1) and (2). but save as hereinafter provided, the High Court of Andhra Pradesh shall have, and the High Court at Madras shall not have, jurisdiction to entertain, hear or dispose of appeals, applications for leave to appeal to the Supreme Court, applications for review and other proceedings, where any such proceedings seek any relief in respect of any order passed by the High Court of Andhra Pradesh before the appointed day:
Provided that if, after such proceedings have been entertained by the High Court of Andhra Pradesh, it appears to the Chief Justice of that High Court that they ought to be transferred to the High Court at Madras, he shall order that they shall be so transferred, and such proceedings shall thereupon be transferred accordingly.
(4) Any order made by the High Court of Andhra Pradesh—
(a) before the appointed day in any proceedings transferred to the High Court at Madras by virtue of sub-section (2), or
(b) in any proceedings with respect to which the High Court of Andhra Pradesh retains jurisdiction by virtue of sub-section (3),
shall, for all purposes, have effect, not only as an order of the High Court of Andhra Pradesh, but also as an order made by the High Court of Madras.
(5) Subject to any rule made or direction given by the High Court at Madras, any such person who immediately before the appointed day is an advocate entitled to practise in the High Court of Andhra Pradesh as may be specified in this behalf by the Chief Justice of the High Court at Madras having regard to the transfer of territories from the State of Andhra Pradesh to the State of Madras, shall be recognised as an advocate entitled to practise in the High Court at Madras.
Section 20 Right to appear or act in any proceedings transferred under section 18 or section 19.
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.