The Andhra Pradesh and Madras (Alteration of Boundaries) Act, 1959
Administered Ministry: Ministry of Home Affairs / Department of States
Section
Section 41 Special provisions with regard to Araniar Project.
(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:
Provided that the order so made by the Central Government may be varied by any subsequent agreement entered into by the States of Andhra Pradesh and Madras.
(2) An agreement or order referred to in sub-section (1) shall provide also for the rights and liabilities of the States of Andhra Pradesh and Madras in relation to any extension or further development of the Project after the appointed day.
(3) The rights and liabilities referred to in sub-sections (1) and (2) shall include—
(a) the rights to receive and to utilise water which may be available for distribution as a result of the Project; and
(b) the rights and liabilities in respect of the administration of the Project and the construction, maintenance and operation thereof,
but shall not include the rights and liabilities under any contract entered into before the appointed day by the Government of Madras.
(4) The Central Government may, from time to time, give such directions as may appear to it necessary generally in regard to any of the matters specified in the foregoing provisions of this section and, in particular, for the completion of the Project and its operation and maintenance thereafter:
Provided that no such direction shall be issued or have effect after an agreement has been entered into by the States of Andhra Pradesh and Madras under sub-section (1) or after an order has been made by the Central Government under that sub-section, whichever is earlier.
Provided that the order so made by the Central Government may be varied by any subsequent agreement entered into by the States of Andhra Pradesh and Madras.
(2) An agreement or order referred to in sub-section (1) shall provide also for the rights and liabilities of the States of Andhra Pradesh and Madras in relation to any extension or further development of the Project after the appointed day.
(3) The rights and liabilities referred to in sub-sections (1) and (2) shall include—
(a) the rights to receive and to utilise water which may be available for distribution as a result of the Project; and
(b) the rights and liabilities in respect of the administration of the Project and the construction, maintenance and operation thereof,
but shall not include the rights and liabilities under any contract entered into before the appointed day by the Government of Madras.
(4) The Central Government may, from time to time, give such directions as may appear to it necessary generally in regard to any of the matters specified in the foregoing provisions of this section and, in particular, for the completion of the Project and its operation and maintenance thereafter:
Provided that no such direction shall be issued or have effect after an agreement has been entered into by the States of Andhra Pradesh and Madras under sub-section (1) or after an order has been made by the Central Government under that sub-section, whichever is earlier.
Section 42 Temporary provisions as to the continuance of certain existing road transport permits.
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:
Provided that the Central Government may, after consultation with the State Government, add to, amend or vary the conditions attached to the permit by the authority by which the permit was granted.
Provided that the Central Government may, after consultation with the State Government, add to, amend or vary the conditions attached to the permit by the authority by which the permit was granted.
Section 43 Provisions relating to services.
(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.
(2) As soon as may be after the appointed day, the Central Government shall, by general or special order, determine the State to which every person provisionally allotted to Andhra Pradesh or Madras shall be finally allotted for service and the date from which such allotment shall take effect or be deemed to have taken effect.
(3) Every person who is finally allotted under the provisions of sub-section (2) to Andhra Pradesh or Madras shall, if he is not already serving therein, be made available for serving in that State from such date as may be agreed upon between the two State Governments or in default of such agreement, as may be determined by the Central Government.
(4) Nothing in this section shall be deemed to affect, after the appointed day, the operation of the provisions of Chapter I of Part XIV of the Constitution in relation to the determination of the conditions of service of persons serving in connection with the affairs of Andhra Pradesh or Madras:
Provided that the conditions of service applicable immediately before the appointed day to the case of any person provisionally or finally allotted to Andhra Pradesh or Madras under this section shall not be varied to his disadvantage except with the previous approval of the Central Government.
(5) The Central Government may at any time before or after the appointed day give such directions to either State Government as may appear to it to be necessary for the purpose of giving effect to the foregoing provisions of this section and the State Government shall comply with such directions.
(2) As soon as may be after the appointed day, the Central Government shall, by general or special order, determine the State to which every person provisionally allotted to Andhra Pradesh or Madras shall be finally allotted for service and the date from which such allotment shall take effect or be deemed to have taken effect.
(3) Every person who is finally allotted under the provisions of sub-section (2) to Andhra Pradesh or Madras shall, if he is not already serving therein, be made available for serving in that State from such date as may be agreed upon between the two State Governments or in default of such agreement, as may be determined by the Central Government.
(4) Nothing in this section shall be deemed to affect, after the appointed day, the operation of the provisions of Chapter I of Part XIV of the Constitution in relation to the determination of the conditions of service of persons serving in connection with the affairs of Andhra Pradesh or Madras:
Provided that the conditions of service applicable immediately before the appointed day to the case of any person provisionally or finally allotted to Andhra Pradesh or Madras under this section shall not be varied to his disadvantage except with the previous approval of the Central Government.
(5) The Central Government may at any time before or after the appointed day give such directions to either State Government as may appear to it to be necessary for the purpose of giving effect to the foregoing provisions of this section and the State Government shall comply with such directions.
Section 44 Provisions as to the continuance of officers in the same posts.
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:
Provided that nothing in this section shall be deemed to prevent the competent authority, after the appointed day, from passing in relation to such person any order affecting his continuance in such post or office.
Provided that nothing in this section shall be deemed to prevent the competent authority, after the appointed day, from passing in relation to such person any order affecting his continuance in such post or office.
Section 45 Territorial extent of laws.
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.
Section 46 Power to adapt laws.
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.
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, the State Government.
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, the State Government.
Section 47 Power to construe laws.
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.
Section 48 Power to name authorities, etc., for exercising statutory functions.
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.
Section 49 Legal proceedings.
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.
Section 50 Transfer of pending proceedings.
(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.
(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 having jurisdiction in respect of the area in which the court, tribunal, authority or officer before which, or before whom, such proceeding is pending on the appointed day, is functioning 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, authority or officer" in a State means—
(i) the court, tribunal, authority or officer in which, or before whom, the proceeding would have lain if the proceeding had been instituted after the appointed day, or
(ii) in case of doubt, such court, tribunal, authority or officer in that State as may be determined after the appointed day by the Government of that State, or before the appointed day by the Government of the other State, to be the corresponding court, tribunal, authority or officer.
(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 having jurisdiction in respect of the area in which the court, tribunal, authority or officer before which, or before whom, such proceeding is pending on the appointed day, is functioning 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, authority or officer" in a State means—
(i) the court, tribunal, authority or officer in which, or before whom, the proceeding would have lain if the proceeding had been instituted after the appointed day, or
(ii) in case of doubt, such court, tribunal, authority or officer in that State as may be determined after the appointed day by the Government of that State, or before the appointed day by the Government of the other State, to be the corresponding court, tribunal, authority or officer.
Section 51 Right of pleaders to practise in certain courts.
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.
Section 52 Effect of provisions inconsistent with other laws.
The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law.
Section 53 Power to remove difficulties.
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.
Section 54 Power to make rules.
(1) The Central Government may, by notification in the Official Gazette, make rules to give effect to the provisions of this Act.
(2) Every rule made under this section shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or 1 [in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid], both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
(2) Every rule made under this section shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or 1 [in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid], both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
1 Subs. by Act 4 of 1986, s. 2 and the Schedule, for "in two successive sessions, and if before the expiry of the session in which it is so laid or the session immediately following" (w.e.f. 15-5-1986).