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ANDHRA STATE ACT, 1953

Ministry of Law and Justice

Act nº 30 of 1953


  • Part I
  • Part II
  • Part III
  • Part IV
  • Part V
  • Part VI
  • Part VII
  • Schedules
  • Act nº 30 of 1953

Preamble

THE ANDHRA STATE Act, 1953

[Act, No. 30 Of 1953]

[14th September, 1953]

PREAMBLEAn Act to provide for the formation of the State of Andhra, the increasing of the area 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 fallows :--

Part I

Section 1. 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 and 69 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 2. 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 in the 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 whole 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) of section 4.

Part II

Section 3. Formation of Andhra State

(1) As from the appointed day, there shall be formed a Part A State to be known 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, Anantapur, Cuddapah and Chittora districts 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, Anantapur district.

Section 4. 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 than Alur, Adoni and Rayadrug in the State of Madras, and the said territory 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 transferred territory shall form a separate district to be known as Bellary district.

Section 5. 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 the 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 end of the last paragraph, the following shall be added, namely :--

"but in the case of the State of Madras shall not include the territoties specified in subsection (1) of section 3 and sub-section (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 III

Section 6. Representation in the Council of States

The number of seats allotted 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 7. 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 8. 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 9. 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 off ice-

(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 (b) 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 1 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 BStates, for the entry in column 2 against Mysore, the entry "12" shall be substituted.