Bare Acts

PART XII LEGAL ANDMISCELLANEOUS PROVISIONS


96. Amendment of article 168 of the Constitution.––In sub-clause (a) of clause (1) of article 168 of
the Constitution, for the word “Tamil Nadu”, the words “Tamil Nadu, Telangana” shall be substituted.
97. Amendment of article 371D of the Constitution.––On and from the appointed day, in article
371D of the Constitution,––
(a) in the marginal heading, for the words “the State of Andhra Pradesh”, the words “the State of
Andhra Pradesh or the State of Telangana” shall be substituted;
(b) for clause (1), the following clause shall be substituted, namely:––
“(1) The President may by order made with respect to the State of Andhra Pradesh or the
State of Telangana, provide, having regard to the requirement of each State, for equitable
opportunities and facilities for the people belonging to different parts of such State, in the matter
of public employment and in thematter of education, and different provisions may be made for
various parts of the States.”;
(c) in clause (3), for the words “the State of Andhra Pradesh”, the words “the State of Andhra
Pradesh and for the State of Telangana” shall be substituted.
98. Amendment of section 15A of Act 43 of 1951.––In section 15A of the Representation of the
People Act, 1951, after the words and figures “under the Tamil Nadu Legislative Council Act, 2010
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(16 of 2010)”, the words and figures “and constituting the Legislative Council of the State of Telangana
under the Andhra Pradesh Reorganisation Act, 2014” shall be inserted.
99. Amendment of section 15 of Act 37 of 1956.––On and from the appointed day, in section 15 of
the States Reorganisation Act,1956, in clause (e), for the words “Andhra Pradesh”, the words “Andhra
Pradesh and Telangana” shall be substituted.
100. Territorial extent of laws.––The provisions of Part II shall not be deemed to have affected any
change in the territories to which the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings)
Act, 1973 (Andhra Pradesh Act No. 1 of 1973) and any other law in force immediately before the
appointed day extends orapplies, and territorial references in any such law to the State of Andhra Pradesh
shall, until otherwise provided by a competent Legislature or other competent authority be construedas
meaning the territories within the existing State of Andhra Pradesh before the appointedday.
101. Power to adapt laws.––For the purpose of facilitating the application in relation to the State of
Andhra Pradesh or the State of Telangana of any law made before the appointed day, the appropriate
Government may, before the expiration of two years from that day, by order, make suchadaptations 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 Legislature or other competent authority.
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
in its application to a State, the State Government.
102. Power to construe laws.––Notwithstanding that no provision or insufficient provision has been
madeunder section 102 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 offacilitating its application in
relation to the State of Andhra Pradesh or the State of Telangana, 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.
103. Power to name authorities, etc., for exercising statutory functions.––The Government of the
State of Telangana, as respects the transferred territory may, by notification in the Official Gazette,
specify the authority, officer or person who, onor after the appointed day, shall be competent to exercise
such functions exercisable underany law in force on that day as may be mentioned in that notification and
such law shall have effect accordingly.
104. Legal proceedings.––Where, immediately before the appointed day, the existing State of
Andhra Pradesh is a party to any legal proceedings with respect to any property, rights or liabilities
subject to apportionment between the States of Andhra Pradesh and Telangana under this Act, the State of
Andhra Pradesh or the State of Telangana which succeeds to, or acquires a share in, that property or those
rights or liabilities by virtue of any provision of this Act shall be deemed to be substituted for the existing
State of Andhra Pradesh or added as a party to those proceedings, and the proceedings may continue
accordingly.
105. Transfer of pending proceedings.––(1) Every proceeding pending immediately before the
appointed day before acourt (other than High Court), tribunal, authority or officer in any area which on
that day falls within the State of Andhra Pradesh shall, if it is aproceeding relating exclusively to the
territory, which as from that day are the territories of the State of Telangana, stand transferred to the
corresponding court, tribunal, authority or officer of that 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 at Hyderabad and the decision of that High Court shall be final.
(3) In this section––
(a) “proceeding” includes any suit, case or appeal; and
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(b) “corresponding court, tribunal authority or officer” in the State of Telanganameans––
(i) the court, tribunal, authority or officer in which, or before whom, the proceeding would
have laid if it 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 the Central Government, as
the case may be, or before the appointed day by the Government of the existing State of Andhra
Pradesh to be the corresponding court, tribunal, authority or officer.
106. Right of pleaders to practise in certain cases.––Any person who, immediately before the
appointed day, is enrolled as a pleader entitled to practise in any subordinate court in the existing State of
Andhra Pradesh shall, for a period of one year 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 the State of Telangana.
107. Effect of provisions of the Act inconsistent with other laws.––The provisions of this Act shall
have effect notwithstanding anything inconsistent there with contained in any other law.
108. Power to remove difficulties.––(1) 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:
Provided that no such order shall be made after the expiry of a period of three years from the
appointed day.
(2) Every order made under this section shall be laid before each House of Parliament.

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