Notes On AP Reorganisation Act – 2014
SECTION - 46 of THE ANDHRA PRADESH
REORGANISATION ACT, 2014
46.
(1). The award made by the
Thirteenth Finance Commission to the existing State of Andhra Pradesh shall be
apportioned between the successor States by the Central Government on the basis
of population ratio and other parameters:
Provided
that on the appointed day, the President shall make a reference to the
Fourteenth Finance Commission to take into account the resources available to
the successor States and make separate awards for each of the successor States.
46.
(2) Notwithstanding anything in
sub-section (1), the Central Government may, having regard to the resources
available to the successor State of Andhra Pradesh, make appropriate grants and
also ensure that adequate benefits and incentives in the form of special
development package are given to the backward areas of that State.
46.
(3) The Central Government shall,
while considering the special development package for the successor State of
Andhra Pradesh, provide adequate incentives, in particular for Rayalaseema and
north coastal regions of that State.
SECTION - 90 of THE ANDHRA PRADESH
REORGANISATION ACT, 2014
90.
(1) The Polavaram Irrigation
Project is hereby declared to be a national project.
90.
(2) It is hereby declared that it
is expedient in the public interest that the Union should take under its
control the regulation and development of the Polavaram Irrigation Project for
the purposes of irrigation.
90.
(3) The consent for Polavaram
Irrigation Project shall be deemed to have been given by the successor State of
Telangana.
90.
(4) The Central Government shall
execute the project and obtain all requisite clearances including
environmental, forests, and rehabilitation and resettlement norms.
SECTION - 94 of THE ANDHRA PRADESH
REORGANISATION ACT, 2014
94.
(1) The Central Government shall
take appropriate fiscal measures, including offer of tax incentives, to the
successor States, to promote industrialisation and economic growth in both the
States.
94.
(2) The Central Government shall
support the programmes for the development of backward areas in the successor
States, including expansion of physical and social infrastructure.
94.
(3) The Central Government shall
provide special financial support for the creation of essential facilities in
the new capital of the successor State of Andhra Pradesh including the Raj
Bhawan, High Court, Government Secretariat, Legislative Assembly, Legislative
Council, and such other essential infrastructure.
94.
(4) The Central Government shall
facilitate the creation of a new capital for the successor State of Andhra
Pradesh, if considered necessary, by denotifying degraded forest land.
Former Prime Minister Manmohan Singhs’s six point
commitment to Seemandhra in the Rajyasabha on 21st February 2014
1. For purposes of Central assistance, Special Category Status will be extended to the successor state of Andhra Pradesh comprising 13 districts, including the four districts of Rayalaseema and the three districts of North-Coastal Andhra for a period of five years. This will put the state's finances on a firmer footing.
.
2. The Bill already stipulates that the Central Government shall take appropriate fiscal measures, including offer of tax incentives to the successor states in order to promote industrialization and economic growth in both the states. These incentives will be along the lines
extended to some other states.
3. The Bill
already provides for a special development package for the backward regions of
the successor state of Andhra Pradesh, in particular for the districts of Rayalaseema
and North Coastal Andhra Pradesh.
This development package will be on the lines of the K-B-K
(Koraput-Bolangir-Kalahandi) Special Plan in Odisha and the Bundelkhand special package in Madhya Pradesh and Uttar Pradesh.
This development package will be on the lines of the K-B-K
(Koraput-Bolangir-Kalahandi) Special Plan in Odisha and the Bundelkhand special package in Madhya Pradesh and Uttar Pradesh.
4. If any further
amendments are needed to facilitate smooth and full Rehabilitation &
Resettlement (R&R) for the Polavaram project, they will be given effect to
at the earliest. The government will execute the Polavaram project.
5. The appointed
day for the formation of the new State will be so fixed in relation to the notified
date so as to enable preparatory work relating to personnel, finance and distribution
of assets and liabilities to be complete satisfactorily.
6. The resource
gap that may arise in the successor state of Andhra Pradesh in the very first
year, especially during the period between the appointed day and the acceptance
of the 14th Finance Commission
recommendations by the Government of India, will be compensated in the Regular Union Budget for 2014-15.
recommendations by the Government of India, will be compensated in the Regular Union Budget for 2014-15.
Special Category status and
centre-state finances
The Special Status to States
What additional benefits does a state
get with a special status?
Arpita
Yadav, Feminist, Sapiosexual
A
special status is given to a state based on following parameters -
a.
Hilly and difficult terrain.
b.
Low population density.
c.
Strategic locations along the borders of the country.
d.
Economic and infra backwardness.
e.
Non-viable nature for state finances.
Currently,
11 states have been given the 'special state status' –
Assam,
Arunachal Pradesh, Meghalaya, Manipur, Mizoram, Nagaland, Sikkim, Tripura,
Uttarakhand, Himachal Pradesh, Jammu and Kashmir
The
benefits that a state gets under the provision of being a 'special state' are -
a. Preferential
treatment in getting Central funds assistance.
b. Concession
on excise duty, this attracts industries to the state.
c. Significant
30% of the Centre’s gross budget goes to the Special category states.
d. These
states avail themselves of the benefit of debt swapping and debt relief schemes.
e. In centrally sponsored schemes and external
aid special category states get it in the ratio of 90% grants and 10% loans,
while other states get 30% of their funds as grants.
Edit
as suggested by Zafar ul Haq:
Grant
is an amount which need not be payed back, however loans should be paid back
with interests.
What
are the political or social benefits for giving Indian states special status?
What
is the meaning of a special status to an Indian state?
What
are the criteria to get it, and how does it help a state to grow well?
What
is the economic effects of special status to a geographic region?
Why
do states in India seek special status?
Does
Bihar deserve special status, as demanded by Nitish Kumar(CM) and his party
JD(U)?
Venkaiahreddy
Kota
First
let me clear the air between the terms ‘Special Status’ and ‘Special Category
Status’. There is a huge difference between them.
Special
status is guaranteed by the Constitution of India through an Act passed by the
two-third majority in both houses of the Parliament, as in the case of Jammu
and Kashmir, whereas Special Category Status is granted by the National
Development Council, an administrative body of the government. While Special
Status empowers legislative and political rights, Special Category Status deals
only with economic, administrative and financial aspects.
At
present there are 11 States that enjoy Special Status and Special Category
Status: Arunachal Pradesh, Assam, Himachal Pradesh, Jammu and Kashmir, Manipur,
Meghalaya, Mizoram, Nagaland, Sikkim, Tripura and Uttarakhand.
What are the political or social
benefits for giving Indian states special status?
Prithvi
Pavan Vetsa
The
special status is in the context of Centre-state finances. A special category
state gets preferential treatment in federal assistance and tax breaks. There
were only three such states in 1969, when the Gadgil formula for sharing
central Plan assistance among states was devised. Now, there are 11-the seven
north-eastern states, Sikkim, Uttarakhand, Jammu and Kashmir and Himachal
Pradesh. Now the newly formed of Andhra Pradesh is given a special status for
five years time. They are given a higher share of the Union government's
resource allocation because of harsh terrain, backwardness and other social
problems.
The
special-category states get significant excise duty concessions, persuading
industry to relocate / locate manufacturing within their territory. This has
been a sore point with neighbouring general-category states. Apart from that,
30% of the Centre's gross budgetary support for Plan expenditure goes to
special-category states. Earlier, 70% of the Plan assistance given to the
states were loans and the balance 30%, grants. In the case of special-category
states, 90% of Plan assistance was given as grants, and only 10% as loans.
The
12th Finance Commission recommended that the Centre give only grants, and leave
it to the states to raise loans as they wanted. Since then, the 90% grants: 10%
loans formula for special-category states is restricted to centrally-sponsored
schemes and external aid. For general category states, external aid is passed
on in the exact mixture of loan and grants in which it is received at the
Centre. And for them, in the case of centrally-sponsored schemes, only 70% of
the central funding is given as grant.
No special category status for
Seemandhra: plan panel
In
this March 5, 2014 file photo, Deputy Chairman of Planning Commission, Montek
Singh Ahluwalia is seen with with Rajya Sabha member T Subbarami Reddy who gave
a representation for special package to Seemandhra, in New Delhi.
Former
PM Manmohan Singh had announced in the Rajya Sabha on February 21 that special
category status would be extended to Seemandhra for five years.
The
residual Andhra Pradesh, known as Seemandhra, can’t be accorded the status of
special category State to provide extra Central aid under the current norms,
the Planning Commission has said.
“Andhra
Pradesh (Seemandhra) does not meet National Development Council criteria (for
special category state),” the Commission said in its presentation to Planning
Minister Inderjit Singh Rao.
This
point is significant because the Union Cabinet headed by former Prime Minister
Manmohan Singh on March 2 had directed the Commission to accord special
category status to the successor of Andhra Pradesh (Seemandhra) for five years.
Singh
had even announced in the Rajya Sabha on February 21 that special category
status would be extended to Seemandhra for five years.
Andhra
Pradesh has been recently bifurcated into two States - Telangana and Andhra
Pradesh. There are demands for according special category status (SCS) from
States including Bihar, Rajasthan, Odisha and Jharkhand.
In
case of Bihar, an inter ministerial group has said that the State is not eligible
to get SCS based on existing criteria. However government is yet to take a
decision on Bihar’s demand.
The
Commission, however, has intimated to Rajasthan, Odisha and Jharkhand that they
are eligible for getting SCS as per the criteria.
About
according SCS to Seemandhra, the Commission pointed out to the Minister that
any such proposal would have to be endorsed by the country’s apex planning body
National Development Council (NDC) headed by the Prime Minister with Cabinet
Ministers and all Chief Ministers on its board.
As
per the Gadgil—Mukherjee formula for devolution of Central assistance for state
plans, 30 per cent of the total funds is earmarked for Special Category States.
As
against the composition of Central assistance of 30 per cent grant and 70 per
cent loan for major States, special category states receive 90 per cent plan
assistance as grant and just 10 per cent as loan.
The
special category status to various States in accorded by the NDC based on
consideration of a set criteria.
The
criteria include hilly and difficult terrain; low population density and or
sizeable share of tribal population; strategic location along borders with
neighbouring countries; economic and infrastructure backwardness and non—viable
nature of state finances.
At
present, the existing 11 special category status States are Arunachal Pradesh,
Assam, Manipur, Meghalaya, Mizoram, Uttarakhand, Nagaland, Tripura, Himachal
Pradesh, Jammu and Kashmir and Sikkim.
Andhra Pradesh's Endless Wait for
Special Status
By
Express News Service
Published:
28th August 2014
HYDERABAD:
Special Category Status (SCS) for Andhra Pradesh has so far remained a pie in
the sky. This is causing some degree of disquiet among the AP leaders though
they have not lost hope yet because it was the BJP which had fought for it in
both Houses of Parliament during the fag-end of UPA-II.
Though
then Prime Minister Manmohan Singh made an announcement in Parliament on
according SCS for five years, it remained a promise only, causing discomfiture
to the leaders of Andhra Pradesh. The Manmohan Singh cabinet in March this year
also took a decision to this effect and asked the Planning Commission to do it
but that is where the things stand as of now.
In
his Independence Day message, Prime Minister Narendra Modi announced that
Planning Commission would be disbanded and a new institution would be ushered
in to cater to the aspirations of 21st century India and strengthen
participation of states, the ruling Telugu Desam Party is wondering how and in
what shape SCS would come for Andhra Pradesh.
“When
Chandrababu Naidu met the Prime Minister recently, at no stage was there any room for doubt. He was very
much in favour of according SCS,” a senior TDP functionary said.
The
delay in according SCS is on account of the proposal to disband the Planning
Commission. “But a brain-storming session is going on as to how to keep the
promise of according SCS to AP since it was promised by a Prime Minister on the
floor of Parliament at the time of the debate on the bifurcation Act. We are
sure of getting the status since it was the BJP which fought for SCS,” the TDP
leader said.
The
AP government hopes that Narendra Modi would hold ground even if Telangana
state wants similar status or for that matter if Tamil Nadu demands that such a
status should not be given to AP. “The Centre is not politically weak to
acquiesce to the demands of other states on conferring SCS to AP. It has made a
commitment and it will honour it,” the functionary said.
Though
the Planning Commission will be disbanded and an alternative institution is
brought in, according SCS is likely to be entrusted to another institution. The
debate at present is which organ of the government should do it - whether it is
the Finance Ministry or Planning and Programme Implementation Department.
The
AP government is also hopeful that endorsement of National Development Council
(NDC) would be done away with since Planning Commission would not be there
anymore. If NDC’s endorsement is not required, the work becomes simpler.
Also
the government hopes that the eligibility criteria would undergo a sea-change.
At present, the Planning Commission clears SCS proposal for states if a State
has hilly and difficult terrain, significant tribal population, backward in
infrastructure, proximity to borders and low population density.
Who
is special
SCS
to a State is Granted if it has:
Hilly
and difficult terrain
Significant
tribal population
Backward
in infrastructure
Proximity to borders with neigbouring countries
Low
population density
90%
in the Form of Grant
SCS
entails a State to get 90 per cent of the Centre’s devolutions in the form of
grant and only 10 per cent as loan. For other states, 30 per cent comes as a
grant and the rest as loan. Of the total funds meant for states, 30 per cent is
reserved for SCS states.
Though
delay in according SCS is disquieting, AP feels it would soon be through though
Planning Commission is being disbanded
AP
leaders have reason to believe that SCS would be delinked from the alternative
institution proposed in place of plan panel
The
task likely to be entrusted either to finance ministry or department of
planning and programme implementation
11
states like Arunachal Pradesh, Manipur, Mizoram, Meghalaya, Assam, Uttarakhand
presently enjoy SCS
PART VIII
PROVISIONS AS TO SERVICES
76. (1). In
this section, the expression “State cadre”––
(a) in relation to the Indian
Administrative Service, has the meaning assigned to it in the Indian
Administrative Service (Cadre) Rules, 1954;
(b) in relation to the Indian Police
Service, has the meaning assigned to it in the Indian Police Service (Cadre)
Rules, 1954; and
(c) in relation to the Indian Forest
Service, has the meaning assigned to it in the Indian Forest Service (Cadre)
Rules, 1966.
76. (2) In
place of the cadres of the Indian Administrative Service, Indian Police Service
and Indian Forest Service for the existing State of Andhra Pradesh, there
shall, on and from the appointed day, be two separate cadres, one for the State
of Andhra Pradesh and the other for the State of Telangana in respect of each
of these services.
76.(3) The
provisional strength, composition and allocation of officers to the State
cadres referred to in sub-section (2) shall be such as the Central Government
may, by order, determine on or after the appointed day.
76.(4) The
members of each of the said services borne on the Andhra Pradesh cadre
immediately before the appointed day shall be allocated to the successor State
cadres of the same service constituted under sub-section (2) in such manner and
with effect from such date or dates as the Central Government may, by order,
specify.
76. (5) Nothing
in this section shall be deemed to affect the operation, on or after the
appointed day, of the All-India Services Act, 1951, or the rules made
thereunder.
77. (1) Every
person who immediately before the appointed day is serving on substantive basis
in connection with the affairs of the existing State of Andhra Pradesh shall,
on and from that day provisionally continue to serve in connection with the
affairs of the State of Andhra Pradesh unless he is required, by general or
special order of the Central Government to serve provisionally in connection
with the affairs of the State of Telangana: Provided that every direction under
this sub-section issued after the expiry of a period of one year from the appointed
day shall be issued with the consultation of the Governments of the successor
States.
77. (2) As
soon as may be after the appointed day, the Central Government shall, by
general or special order, determine the successor State to which every person
referred to in sub-section (1) shall be finally allotted for service, after
consideration of option received by seeking option from the employees, and the
date with effect from which such allotment shall take effect or be deemed to
have taken effect:
Provided that even after the allocation
has been made, the Central Government may, in order to meet any deficiency in
the service, depute officers of other State services from one successor State
to the other:
Provided further that as far as local,
district, zonal and multi-zonal cadres are concerned, the employees shall
continue to serve, on or after the appointed day, in that cadre:
Provided also that the employees of
local, district, zonal and multi-zonal cadres which fall entirely in one of the
successor States, shall be deemed to be allotted to that successor State:
Provided also that if a particular zone
or multi-zone falls in both the successor States, then the employees of such
zonal or multi-zonal cadre shall be finally allotted to one or the other
successor States in terms of the provisions of this sub-section.
77(3) Every
person who is finally allotted under the provisions of sub-section (2) to a
successor State shall, if he is not already serving therein, be made available
for serving in the successor State from such date as may be agreed upon between
the Governments of the successor States or, in default of such agreement, as
may be determined by the Central Government:
Provided that the Central Government
shall have the power to review any of its orders issued under this section.
78. (1) Nothing
in this section or in section 77 shall be deemed to affect, on or after the
appointed day, the operation of the provisions of Chapter I of Part XIV of the
Constitution in relation to determination of the conditions of service of
persons serving in connection with the affairs of the Union or any State:
Provided that the conditions of service
applicable immediately before the appointed day in the case of any person
deemed to have been allocated to the State of Andhra Pradesh or to the State of
Telangana under section 77 shall not be varied to his disadvantage except with
the previous approval of the Central Government.
78. (2) All
services prior to the appointed day rendered by a person,—
(a) if he is deemed to have been allocated
to any State under section 77, shall be deemed to have been rendered in
connection with the affairs of that State;
(b) if he is deemed to have been
allocated to the Union in connection with the administration of the successor
State of Telangana, shall be deemed to have been rendered in connection with
the affairs of the Union, for the purposes of the rules regulating his
conditions of service.
78. (3) The
provisions of section 77 shall not apply in relation to members of any
All-India Service. Provisions relating to other services.
79. 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 the existing
State of Andhra Pradesh in any area which on that day falls within one of the
successor States shall continue to hold the same post or office in that
successor State, and shall be deemed, on and from that day, to have been duly appointed
to the post or office by the Government of, or other appropriate authority in,
that successor State:
Provided that nothing in this section
shall be deemed to prevent a competent authority, on and from the appointed
day, from passing in relation to such person any order affecting the
continuance in such post or office.
80. (1) The
Central Government may, by order, establish one or more Advisory Committees,
within a period of thirty days from the date of enactment of the Andhra Pradesh
Reorganisation Act, 2014, for the purpose of assisting it in regard to––
(a) the discharge of any of its functions
under this Part; and
(b) the ensuring of fair and equitable
treatment to all persons affected by the provisions of this Part and the proper
consideration of any representations made by such persons.
80. (2) The
allocation guidelines shall be issued by the Central Government on or after the
date of enactment of the Andhra Pradesh Reorganisation Act, 2014 and the actual
allocation of individual employees shall be made by the Central Government on
the recommendations of the Advisory Committee:
Provided that in case of disagreement or
conflict of opinion, the decision of the Central Government shall be final:
Provided further that necessary
guidelines as and when required shall be framed by the Central Government or as
the case may be, by the State Advisory Committee which shall be approved by the
Central Government before such guidelines are issued.
81. The
Central Government may give such directions to the State Government of Andhra
Pradesh and the State Government of Telangana as may appear to it to be
necessary for the purpose of giving effect to the foregoing provisions of this
Part and the State Governments shall comply with such directions.
82. On
and from the appointed day, the employees of State Public Sector Undertakings,
corporations and other autonomous bodies shall continue to function in such
undertaking, corporation or autonomous bodies for a period of one year and
during this period the corporate body concerned shall determine the modalities
for distributing the personnel between the two successor States.
83. (1) The
Public Service Commission for the existing State of Andhra Pradesh shall, on
and from the appointed day, be the Public Service Commission for the State of
Andhra Pradesh.
83,(2) There
shall be constituted a Public Service Commission in accordance with article 315
of the Constitution by the successor State of Telangana, and until such
Commission is constituted, the Union Public Service Commission may, with the
approval of the President, agree to serve the needs of the State of Telangana
in terms clause (4) of that article.
83. (3) The
persons holding office immediately before the appointed day as the Chairman or
other member of the Public Service Commission for the existing State of Andhra
Pradesh shall, as from the appointed day, be the Chairman or, as the case may
be, the other member of the Public Service Commission for the State of Andhra
Pradesh.
83. (4) Every
person who becomes the Chairman or other member of the Public Service
Commission for the State of Andhra Pradesh on the appointed day under
sub-section (3) shall––
(a) be entitled to receive from the
Government of the State of Andhra Pradesh conditions of service not less
favourable than those to which he was entitled under the provisions applicable
to him;
(b) subject to the proviso to clause (2)
of article 316, hold office or continue to hold office until the expiration of
his term of office as determined under the provisions applicable to him immediately
before the appointed day.
83. (5) The
report of the Andhra Pradesh Public Service Commission as to the work done by
the Commission in respect of any period prior to the appointed day shall be
presented under clause (2) of article 323 to the Governors of the States of
Andhra Pradesh and Telangana and the Governor of the State of Andhra Pradesh
shall, on receipt of such report, cause a copy thereof together with a
memorandum explaining as far as possible, as respects the cases, if any, where
the advice of the Commission was not accepted, the reasons for such
non-acceptance to be laid before the Legislature of the State of Andhra Pradesh
and it shall not be necessary to cause such report or any such memorandum to be
laid before the Legislative Assembly of the State of Telangana.
