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ANDHRA STATE ACT, 1953
30 of 1953
14th September, 1953
STATEMENTS OF OBJECTS AND REASON "On the 19th December, 1952, the PrimeMinister informed Parliament that the Government of India had decided to establish an Andhra State consisting of the Telugu speaking areas of the present Madras State, but not including the city of Madras. Mr. Justice Wanchoo was appointed to consider and report on the financial and other implications of this decision and the questions to be considered in implementing it. On the 25th of March 1953, the Prime Minister announced the decisions reached by Government after careful consideration of Mr. Justice Wanchoo's report and of the other matters connected with the establishment of the Andhra State. As regards the district of Bellary, it was then announced that three of the ten taluks should form part of the Andhra State and six Kannada speaking taluks should form part of the Mysore State; the decision regarding the tenth taluk was reserved for further consideration. 2. On the 20th May, 1953, the Government of India announced their decision regarding the Bellary taluk after consideration of the report of Mr. Justice Misra. 3. This Bill is designed to give effect to the aforesaid decisions of Government. The views of the Legislatures of the States of Madras and Mysore both with respect to the proposal to introduce the Bill and with respect to the provisions thereofthe been ascertained as required under the Proviso to Art. 3 of the Constitution........." - Gaz. of Ind., 10-8-1953, Pt. II-Sec. 2, Extra, page 417.
An Act to provide for the formation of the State of Andhra, the increasing of the of the State of Mysore and the diminishing of the area of the State of Madras and for matters connected therewith. BE it enacted by Parliament as follows:-
PART 01: PRELIMINARY
SECTION 01: SHORT TITLE AND COMMENCEMENT
- (1) This Act may be called The Andhra State Act, 1953.
(2) This Part and sections 43-,54-,58-,61-,62-,63-,64-,66-and69-shall come into force at once, and all other provisions of this Act shall come into force on the 1st day of October, 1953.
SECTION 02: DEFINITIONS
- In this Act, unless the context otherwise requires,-
(a) "appointed day" means the 1st day of October, 1953;
(b) "article" means an article of the Constitution.
(c) "Assembly constituency", "Council constituency" and "Parliamentary constituency" have the same meanings as inthe Representation of the People Act, 1950-;
(d) "law" includes any enactment, ordinance, regulation, order, bye-law, rule, scheme, notification or other instrument having the force of law in the wholel or in any part of the State of Madras or Mysore as constituted immediately before the appointed day;
(e) "Order" means an Order published in the Official Gazette;
(f) "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;
(g) "transferred territory" means the territory added to the State of Mysore by sub-section (1) ofsection 4-.
PART 02: FORMATION OF ANDHRA STATE AND TRANSFER OF TERRITORY FROM MADRAS TO MYSORE
SECTION 03: FORMATION OF ANDHRA STATE
- (1) As from the appointed day, there shall be formed a Part A State to beknown as the State of Andhra comprising the territories which immediately before that day were comprised in Srikakulam, Visakhapatnam, East Godavari, West Godavari, Krishna, Guntur, Nellore, Kurnool, Anantapuram, Cuddapahand Chittor1districts and Alur, Adoni and Rayadrug taluks of Bellary district in the State of Madras and the said territories shall thereupon cease to form part of the State of Madras.
(2) Without prejudice to the power of the State Government to alter hereafter the extent, boundaries and names of districts, the said taluks of Alur and Adoni shall be included in, and become part of, Kurnool district, and the said taluk of Rayadrug shall be included in, and become part of, Anantpur district.
SECTION 04: TRANSFER OF TERRITORY FROM MADRAS TO MYSORE
(1) As from the appointed day, there shall be added to the State of Mysore the territory which immediately before that day was comprised.in the taluks of Bellary district other thanAlut, Adoni and Rayadrug in the State of Madras, and the said territory shall thereupon cease to form part pf the State of Madras
(2) Without-prejudice to the power of the State Government to alter hereafter the extent, boundaries and names of districts, the transferred territory shall form a separate district to be known as Bellary district.
SECTION 05: AMENDMENT OF THE FIRST, SCHEDULE TO THE CONSTITUTION
- In the First Schedule to the Constitution. -
(a) in Part A, Entries 1 to 9 shall be renumbered as Entries 2 to 10 respectively and; before Entry 2, as so renumbered, the entry" 1. Andhra" shall be inserted
(b) in Part A in the description of territories of States -
(i) before the paragraph relating to the territory of the State of Assam, the following paragraph shall be inserted, namely:- "The territory of the State of Andhra shall comprise the territories specified in subsection (1) of section 3 of the Andhra State Act, 1953"; and
(ii) at the fend of the last paragraph, the following shall be added, namely :- "but-in the case of (the .State of Madras shall not include the territories specified in sub-section (1) ofsection 3-and subsection (1) of Section 4 of the Andhra State Act, 1953"; and
(c) in Part B, at the end of the paragraph containing the description of the Territories of States, the following shall be added, namely:- "and in the case of the State of Mysore shall also comprise the territory specified in sub-section(1) of section 4 of the Andhra State Act, 1953."
PART 03: REPRESENTATION IN THE LEGISLATURES
Council of States House of the People Legislative Assemblies Legislative Councils Miscellaneous
SECTION 06: REPRESENTATION IN THE COUNCIL OF STATES
- The number of seats alloted to the State of Madras in the Council of States shall be reduced from 27 to 18, and there shall be allotted 12 seats to the State of Andhra in the said Council.
SECTION 07: AMENDMENT OF THE FOURTH SCHEDULE TO THE CONSTITUTION
- In the Fourth Schedule to the Constitution-
(a) in the Table of Seats relating to the States specified in Part A of the First Schedule-
(i) entries 1 to 9 shall be renumbered as entries 2 to 10 respectively;
(ii) before entry 2 as so renumbered, the entry "I Andhra.............. 12" shall be inserted;
(iii) in column 2, for the figures "27" and "145" the figures "18" and "148' shall respectively be substituted;
(b) at the end of the Table of Seats, for the figures "204" the figures "207" shall be substituted.
SECTION 08: ALLOCATION OF SITTING MEMBERS
- The nine sitting members of the Council of States representing the State of Madras whose names are specified in Part I of the First Schedule shall be deemed to have been elected by the elected Members of the Legislative Assembly of Andhra to fill nine of the seats allotted to the State of Andhra in the Council of States; and the remaining eighteen sitting members whose names are specified in Part II of that Schedule shall continue to be members of the Council of States representing the State of Madras.
SECTION 09: BYE ELECTION TO FILL VACANCIES
- As soon as may be after the appointed day, there shall be held a bye-election to fill the vacancies existing on the appointed day in the seats allotted to the State of Andhra in the Council of States.
SECTION 10: TERM OF OFFICE
- (1) Except as provided in sub-section (2), the terms of office of the members specified in the First Schedule shall remain unaltered, that is to say, as indicated in that Schedule.
(2) The term of office-
(a) of one of the two members specified against serial numbers 4 and 5 in Part I of the First Schedule shall be increased so as to expire on the 2nd day of April, 1958, and
(b) of one of the seven members specified against serial numbers 7 to 13 in Part II of that Schedule shall be reduced so as to expire on the 2nd April, 1954.
(3) The member whose term of office is to be increased under clause (a) of sub-section (2) and the member whose term of office is to be reduced under clause(a) of that sub-section shall be determined as soon as may be after the appointed day by lot drawn in such manner as the
Chairman of the Council of States may direct,
(4) The term of office of each of the three-members to be elected by the elected members of the Legislative Assembly of Andhra under section 9-shall expire on the 2nd day of April, 1956.
SECTION 11: REPRESENTATION IN THE HOUSE OF THE PEOPLE
- (1) The number of seats allotted in the House of the People to the State of Madras shall be reduced from 75 to 46, the number of seats allotted to the State of Mysore shall be increased from 11 to 12, and there shall be allotted 28 seats to the State of Andhra in that House.
(2) In the First Schedule to the Representation of the People Act, 1950--
(a) in the Part relating to Part A States,-
(i) entries I to 9 shall be renumbered as entries 2 to 10 respectively, and before entry 2 as so renumbered, the following entry shall be inserted, namely :- "1. Andhra............ 28"; and
(ii) for the entry in column 2 against Madras, the entry "46" shall be substituted; and
(b) in the part relating to Part B States, for the entry in column 2 against Mysore, the entry "12" shall be substituted.
SECTION 12: DELIMITATION OF CONSTITUENCIES
- The Delimitation of Parliamentary and Assembly Constituencies (Madras) Order 19512and the Delimitation of Parliamentary and Assembly Constituencies (Mysore) Order 19513shall, until other provision is made by law, have effect subject to the modifications directed by the Second Schedule.
SECTION 13: PROVISION AS TO SITTING MEMBERS
- Every sitting member of the House of the People representing a constituency which on the appointed day by virtue of the provisions of section 12-stands transferred, whether with or without alteration of boundaries, to the State of Andhra or to the State of Mysore, shall be deemed to have been elected to the House of the People by that constituency as so transferred.
SECTION 14: ELECTORAL ROLLS FOR MODIFIED PARLIAMENTARY CONSTITUENCIES
- Where by; virtue of the provisions of section 12-, the extent of a Parliamentary constituency has altered, the electoral roll for that constituency as so altered shall as from the appointed day and until it is revised in accordance with law, be deemed to consist of so much of the electoral roll or rolls for any Parliamentary constituency or constituencies as relate to the areas comprised within the constituency as so altered.
SECTION 15: STRENGTH OF LEGISLATIVE ASSEMBLIES
- (1) The total number of seats to be filled by persons chosen by direct election-
(a) in the Legislative Assembly of Andhra, shall be 140,
(b) in the Legislative Assembly of Madras, shall be reduced from 375 to 230, and
(c) in the Legislative Assembly of Mysore, shall be increased from 99 to 104.
(2) In the Second Schedule to the Representation of the People Act, 1950--
(a) in the Part relating to Part A States,-
(i) entries I to 9 shall be renumbered as entries 2 to 10 respectively and before entry 2 as so renumbered, the following entry shall be inserted, namely:- "1.Andhra..........l40";and
(ii) for the entry in column 2 against Madras, the entry "230" shall be substituted; and
(b) in the Part relating to Part B States, for the entry in column 2 against Mysore, the entry "104" shall be substituted.
SECTION 16: ALLOCATION OF MEMBERS
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