The Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959
Administered Ministry: Ministry of Home Affairs / Department of States
Section
Section 21 Interpretation.
For the purposes of sections 18 and 19,—
(a) proceedings shall be deemed to be pending in the High Court of Andhra Pradesh or the High Court at Madras until that Court has disposed of all issues between the parties, including any issue 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;
(b) references to the High Court of Andhra Pradesh or the High Court at Madras 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.
(a) proceedings shall be deemed to be pending in the High Court of Andhra Pradesh or the High Court at Madras until that Court has disposed of all issues between the parties, including any issue 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;
(b) references to the High Court of Andhra Pradesh or the High Court at Madras 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.
Section 22 Appropriation of moneys for expenditure in transferred territories under existing appropriation Acts.
(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.
(2) The Governor of Andhra Pradesh or of Madras may, after the appointed day, authorise such expenditure from the Consolidated Fund of the State as he deems necessary for any purpose or service in the territories transferred to that State for a period of not more than three months beginning with the appointed day pending the sanction of such expenditure by the Legislature of the State.
(2) The Governor of Andhra Pradesh or of Madras may, after the appointed day, authorise such expenditure from the Consolidated Fund of the State as he deems necessary for any purpose or service in the territories transferred to that State for a period of not more than three months beginning with the appointed day pending the sanction of such expenditure by the Legislature of the State.
Section 23 Reports relating to the accounts of Andhra Pradesh and Madras.
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 24 Distribution of revenues.
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.
Section 25 Land and goods.
(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.
(2) In this section, the expression "land" includes immovable property of every kind and any rights in or over such property.
(2) In this section, the expression "land" includes immovable property of every kind and any rights in or over such property.
Section 26 Arrears of taxes.
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.
Section 27 Right to recover loans and advances.
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.
Section 28 Refund of taxes collected in excess.
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.
Section 29 Deposits.
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.
Section 30 Provident Funds.
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.
Section 31 Pensions.
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).
Section 32 Contracts.
(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,—
(a) if such purposes are, as from that day, purposes relatable exclusively to the transferred territories, of the State to which the territories are transferred; and
(b) in any other case, of the State which made the contract;
and all rights and liabilities which have accrued, or may accrue, under any such contract shall, to the extent to which they are rights or liabilities of the State which made the contract, be rights or liabilities of the State specified in clause (a) or clause (b) above.
(2) For the purposes of this section, there shall be deemed to be included in the liabilities which have accrued or may accrue under any contract—
(a) any liability to satisfy an order or award made by any court or other tribunal in proceedings relating to the contract; and
(b) any liability in respect of expenses incurred in or in connection with any such proceedings.
(3) This section shall have effect subject to the other provisions of this Part relating to the apportionment of liabilities in respect of loans, guarantees and other financial obligations; and bank balances and securities shall, notwithstanding that they partake of the nature of contractual rights, be dealt with under those provisions.
(a) if such purposes are, as from that day, purposes relatable exclusively to the transferred territories, of the State to which the territories are transferred; and
(b) in any other case, of the State which made the contract;
and all rights and liabilities which have accrued, or may accrue, under any such contract shall, to the extent to which they are rights or liabilities of the State which made the contract, be rights or liabilities of the State specified in clause (a) or clause (b) above.
(2) For the purposes of this section, there shall be deemed to be included in the liabilities which have accrued or may accrue under any contract—
(a) any liability to satisfy an order or award made by any court or other tribunal in proceedings relating to the contract; and
(b) any liability in respect of expenses incurred in or in connection with any such proceedings.
(3) This section shall have effect subject to the other provisions of this Part relating to the apportionment of liabilities in respect of loans, guarantees and other financial obligations; and bank balances and securities shall, notwithstanding that they partake of the nature of contractual rights, be dealt with under those provisions.
Section 33 Liability in respect of actionable wrong.
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,—
(a) if the cause of action arose wholly within the transferred territories, be a liability of the State to which they are transferred; and
(b) in any other case, continue to be a liability of the State which, immediately before that day, was subject to such liability.
(a) if the cause of action arose wholly within the transferred territories, be a liability of the State to which they are transferred; and
(b) in any other case, continue to be a liability of the State which, immediately before that day, was subject to such liability.
Section 34 Liability as guarantor of co-operative societies.
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,—
(a) if the area of the society's operations is limited to the transferred territories, be a liability of the State to which the territories are transferred; and
(b) in any other case, continue to be a liability of the State which, immediately before that day, was subject to such liability.
(a) if the area of the society's operations is limited to the transferred territories, be a liability of the State to which the territories are transferred; and
(b) in any other case, continue to be a liability of the State which, immediately before that day, was subject to such liability.
Section 35 Items in suspense.
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.
Section 36 Power of Central Government to order allocation or adjustment in certain cases.
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.
Section 37 Certain expenditure to be charged on the Consolidated Fund.
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.
Section 38 Provision as to certain financial Corporations.
(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.
(2) As from the appointed day, the Madras Industrial Investment Corporation constituted for the State of Madras shall be deemed to have been constituted for that State with its area as altered by the provisions of Part II of this Act.
(2) As from the appointed day, the Madras Industrial Investment Corporation constituted for the State of Madras shall be deemed to have been constituted for that State with its area as altered by the provisions of Part II of this Act.
Section 39 Amendment of Act 6 of 1942.
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.
Section 40 Provisions as to State Electricity Boards and apportionment of their assets and liabilities.
(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.
(2) The undertakings and assets of a State Electricity Board referred to in sub-section (1), situated in the territories specified in the First Schedule or, as the case may be, the Second Schedule shall, as from the appointed day, pass to the State to which the territories are transferred.
(3) Subject to the provisions of sub-section (2), the assets and liabilities of the State Electricity Boards referred to in sub-section (1) shall be apportioned between them in such manner as may be agreed upon between the Governments of Andhra Pradesh and Madras within one year from the appointed day, or in default of such agreement, as the Central Government may by order determine.
(4) Notwithstanding anything contained in sub-section (2), the arrangement which, immediately before the appointed day, was in force in regard to the generation or supply of electric power for the territories specified in the First Schedule or the Second Schedule shall continue to be in force after the appointed day on such terms and conditions and for such period as may be agreed upon between the Governments of Andhra Pradesh and Madras, or, in default of such agreement, as the Central Government may by order direct.
(2) The undertakings and assets of a State Electricity Board referred to in sub-section (1), situated in the territories specified in the First Schedule or, as the case may be, the Second Schedule shall, as from the appointed day, pass to the State to which the territories are transferred.
(3) Subject to the provisions of sub-section (2), the assets and liabilities of the State Electricity Boards referred to in sub-section (1) shall be apportioned between them in such manner as may be agreed upon between the Governments of Andhra Pradesh and Madras within one year from the appointed day, or in default of such agreement, as the Central Government may by order determine.
(4) Notwithstanding anything contained in sub-section (2), the arrangement which, immediately before the appointed day, was in force in regard to the generation or supply of electric power for the territories specified in the First Schedule or the Second Schedule shall continue to be in force after the appointed day on such terms and conditions and for such period as may be agreed upon between the Governments of Andhra Pradesh and Madras, or, in default of such agreement, as the Central Government may by order direct.