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ANDHRA PRADESH AND MYSORE (TRANSFER OF TERRITORY) ACT, 1968
36 of 1968
22nd August, 1968
STATEMENT OF OBJECTS AND REASONS. A part (Survey No. 19) of Abakavaripalli village (about 5 acres in area) in Bagepalli Taluka of Kolar District of the State of Mysore forms an enclave in the Anantpur district of the State of Andhra Pradesh. This enclavewas lost sight of when the exchange of such enclaves was effected by the Provinces and States (Absorption of Enclaves) Order, 1950, dated the 25th January, 1950. When the existence of the enclave came to notice, the matter was discussed at a meeting of the Southern Zonal Council and the Governments of Mysores and Andhra Pradesh agreed that on grounds of admini- strative convenience, it should be transferred from the State of Mysore to the State of Andhra Pradesh. The bill seeks to give effect to this transfer. The Bill also makes the necessary supplemental, incidental and consequential provisions relating to representation in Parliament and the concerned State Legislatures, transfer of jurisdic- tion to the High Court of Andhra Pradesh, authorisation of expenditure, apportionment of assets and liabilities, and certain other matters. As required by the proviso to article 3 of the Constitution, this Bill was referred by the President to the Legislatures of the States ofAndhra Pradesh and Mysore and has been considered by those State Legislatures. -Gaz. Ind., 19-6-1967, Pt.II. S.2, Ext., p. 494.
An Act to provide for the transfer of certain territory from the State of Mysore to the State of Andhra Pradesh and for matters connected therewith. BE it enacted by Parliament in the Nineteenth Year of the Republic of India as follows:-
SECTION 01: SHORT TITLE
This Act may be called The Andhra Pradesh and Mysore (Transfer of Territory) Act, 1968.
SECTION 02: DEFINITIONS
In this Act, unless the context otherwise requires,-
(a) "appointed day" means the 1st day of October, 1968;
(b) "assembly constituency," "council constituency" and "parliamentary constituency" have the same meaning as in the Representation of the People Act, 1950-;
(c) "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;
(d) "transferred territory" means the territory specified in the Schedule and transferred from the State of Mysore to the State of Andhra Pradesh by section 3-.
SECTION 03: TRANSFER OF TERRITORY FROM MYSORE TO ANDHRA PRADESH
(1) As from the appointed day, there shall be added to the State of Andhra Pradesh the territory specified in the Schedule which shall thereupon cease to form part of the State of Mysore.
(2) The transferred territory shall be included in, and form part of, the Hindupur taluk of Anantpur district in the State of Andhra Pradesh.
(3) Nothing in sub-section (2) shall be deemed to affect the power of the State Government to alter, after the appointed day, the name, extent or boundaries of any district or taluk in the State of Andhra Pradesh.
SECTION 04: AMENDMENT OF FIRST SCHEDULE TO THE CONSTITUTION
As from the appointed day, in the First Schedule to the Constitution-, under the heading "1. THE STATES,"-
(a) for the entry against " I. Andhra Pradesh", the following shall be substituted, namely:- "The territories specified in sub-section (1) ofSection 3 of the Andhra State Act, 1953-, sub-section (1) ofSection 3 of the States Reorganisation Act, 1956, the First Schedule to theAndhra Pradesh and Madras (Alteration of Boundaries) Act, 1959-, and the Schedule to the Andhra Pradesh and Mysore (Transfer of Territory) Act, 1968, but excluding the territories specified in the Second Schedule to theAndhra Pradesh and Madras (Alteration of Boundaries) Act, 1959-"; and
(b) in the entry against "9. Mysore", after the words and figures "States Reorganisation Act, 1956", the words, brackets and figures "but excluding the territory specified in the Schedule to the Andhra Pradesh and Mysore (Transfer of Territory) Act, 1968" shall be inserted.
SECTION 05: EXTENT OF PARLIAMENTARY AND ASSEMBLY CONSTITUENCIES
As from the appointed day, the transferred territory shall cease to be part of Madhugiri parliamentary constituency and Bagepalli assembly constituency in the State of Mysore as delimited in Order No. 11 of the Delimitation Commission made undersection 10 of the Delimitation Commission Act, 1962, and shall form part of Hindupur parliamentary constituency and Hindupur assembly constituency in the State of Andhra Pradesh as delimited in Order No. 3 of the Delimitation Commission made under the said section.
SECTION 06: PROVISION AS TO SITTING MEMBERS OF PARLIAMENT AND LEGISLATIVE ASSEMBLIES
(1) The sitting members of the House of the People representing Hindupur parliamentary constituency in the State of Andhra Pradesh and Madhugiri parliamentary constituency in the State of Mysore shall, notwithstanding the alteration in the extent of those constituencies by virtue of the provisions of this Act continue to be members of the House of the People.
(2) The sitting members of the Legislative Assemblies of Andhra Pradesh and Mysore representing Hindupur assembly constituency and Bagepalli assembly constituency respectively shall, notwithstanding the alteration in the extent of those constituencies by virtue of the provisions of this Act, continue to be members of the said Assemblies.
SECTION 07: EXTENT OF COUNCIL CONSTITUENCIES
(1) Any reference in the Delimitation ofCouncil Constituencies (Andhra Pradesh) Order, 1957to Anantapur district shall be construed as including the territory transferred to that district from the State of Mysore.
(2) Any reference in the Delimitation ofCouncil Constituencies (Mysore) Order, 1951, to Kolar district shall be construed as excluding the territory transferred from that district to the State of Andhra Pradesh.
SECTION 08: SITTING MEMBERS OF LEGISLATIVE COUNCILS
Every sitting member of the Legislative Council of Andhra Pradesh or of Mysore representing a council constituency the extent of which is altered by virtue ofsection 7-shall, as from the appointed day, be deemed to have been elected to the said Council by that constituency as so altered.
SECTION 09: EXTENSION OF JURISDICTION OF ANDHRA PRADESH HIGH COURT
(1) As from the appointed day,-
(a) the jurisdiction of the High Court of Andhra Pradesh shall extend to the transferred territory; and
(b) the High Court of Mysore shall have no jurisdiction in respect of the said territory.
(2) If, immediately before the appointed day there is any proceeding relatable to the transferred territory pending in the High Court of Mysore, then, notwithstanding anything contained in subsection (1), such proceeding shall be heard and disposed of by that High Court.
(3) Any order made by the High Court of Mysore in any proceeding with respect to which that High Court exercises jurisdiction by virtue of sub-section (2) shall, for all purposes, have effect, not only as an order of the High Court of Mysore but also as an order made by the High Court of Andhra Pradesh,
(4) For the purposes of this section,-
(a) proceedings shall be deemed to be pending in the High Court of Mysore until that Court has disposed of all issues between the parties, including any issues 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 a High Court 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 10: APPROPRIATION OF MONEYS FOR EXPENDITURE IN TRANSFERRED TERRITORY UNDER EXISTING APPROPRIATION ACTS
As from the appointed day, any Act passed by the Legislature of Andhra Pradesh before that day for the appropriation of any money out of the Consolidated Fund of the State to meet any expenditure in respect of any part of the financial year 1968-69 shall have effect also in relation to the transferred territory, and it shall be lawful for the State Government to spend any amount for that territory out of the amount authorised by such Act to be expended for any services in that State.
SECTION 11: ASSETS AND LIABILITIES
(1) All land and all stores, articles and other goods in the transferred territory belonging to the State of Mysore shall, as from the appointed day, pass to the State of Andhra Pradesh. Explanation.- In this sub-section, the expression "land" includes immovable property of every kind and any rights in or over such property and the expression "goods" does not include coins, bank notes and currency notes.
(2) All rights, liabilities and obligations, whether arising out of a contract or otherwise, of the State of Mysore in relation to the transferred territory shall, as from the appointed day, be the rights, liabilities and obligations respectively, of the State of Andhra Pradesh.
SECTION 12: STATE FINANCIAL CORPORATIONS AND STATE ELECTRICITY BOARDS
As from the appointed day,-
(a) the Financial Corporations constituted under theState Financial Corporations Act, 1951, for the States of Mysore and Andhra Pradesh, and
(b) the State Electricity Boards constituted under theElectricity (Supply) Act, 1948-, for the said States, shall be deemed to have been constituted for those States with their areas as altered by the provisions ofSection 3-.
SECTION 13: EXTENSION OF LAWS
All laws which immediately before the appointed day, extend to, or are in force in, the Hindupur taluk of Anantapur district in the State of Andhra Pradesh but do not extend to, or are not in force in, the transferred territory, shall, as from that day, extend to, or as the case may be, come into force in, the transferred territory; and all laws which, immediately before the appointed day, are in force in the transferred territory but not in the Hindupur taluk of Anantapur district in the State of Andhra Pradesh shall on that day, cease to be in force in the transferred territory except as respects things done or omitted to be done before that day.
Explanation.- In this, section, "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 the State of Andhra Pradesh, or Mysore.
SECTION 14: POWER TO CONSTRUE LAWS
Any court, tribunal or authority required or empowered to enforce any law extended to the transferred territory by section 13-may, for the purpose of facilitating its application in relation to the transferred territory, 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 15: LEGAL PROCEEDINGS
Where, immediately before the appointed day, the State of Mysore is a party to any legal proceedings with respect to any property, rights or liabilities transferred to the State of Andhra Pradesh under this Act, the State of Andhra Pradesh shall be deemed to be substituted for the State of Mysore as a party to those proceedings, or added as a party thereto, as the case may be, and the proceedings may continue accordingly.
SECTION 16: TRANSFER OF PENDING PROCEEDINGS
(1) Every proceeding pending immediately before the appointed day before any court (other than a High Court), tribunal, authority or officer in any area which on that day falls within the State of Mysore shall, if it is a proceeding relating exclusively to any part of the transferred territory, stand transferred to the corresponding court, tribunal, authority or officer in the State of Andhra Pradesh.
(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 of Mysore 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 the State of Andhra Pradesh 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 Andhra Pradesh, or before the appointed day by the Government of Mysore, to be the corresponding court, tribunal, authority or officer.
SECTION 17: 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 18: POWER TO REMOVE DIFFICULTIES
If any difficulty arises in giving effect to the provisions of this Act (including any difficulty in relation to the transition under section 13-from one law to another law), the President may by order to anything not inconsistent with any such provision which appears to him to be necessary for the purpose of removing the difficulty.
SECTION 19: POWER TO MAKE RULES
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