59. Provisions for detention in and power to commit to, certain jails and other
institutions.—(1) The Government of Madras and the Government of Mysore shall, for a period of
five years from the appointed day, make available to the Government of Andhra the jails and other
institutions specified in Part I and Part II respectively of the Eighth Schedule for the reception and
detention of persons committed to, or ordered to be detained in, such jails or institutions by any court,
tribunal or other authority in the State of Andhra.
18
(2) It shall be competent for a court, tribunal or other authority in the State of Andhra to order the
commitment to, or detention in, any of the jails and other institutions specified in the Eighth Schedule
during the period referred to in sub-section (1) of persons convicted and sentenced, or ordered to be
detained therein, by such court, tribunal or other authority notwithstanding that such jail or institution
is outside the State.
(3) The terms and conditions subject to which the jails and other institutions specified in the
Eighth Schedule shall be used by the Government of Andhra for the purposes referred to in subsection (1) shall be such as may be agreed upon between the Governments concerned by the 1st day
of January, 1954, or, if no agreement is reached by the said date, as may be fixed by order of the
President.
60. Continuance of facilities in certain State institutions.—The Government of Madras and the
Government of Mysore, in respect of the institutions specified in Part I and Part II, respectively, of the
Ninth Schedule shall provide for the Government and the people of the State of Andhra such facilities,
for such period and upon such terms and conditions as may be agreed upon between the Governments
concerned by the 1st day of January, 1954, or, if no agreement is reached by the said date, as may be
fixed by order of the President.
61. Provisions relating to the Indian Administrative Service and the Indian Police Service.—
(1) In place of the cadres of the Indian Administrative Service and the Indian Police Service existing
in the State of Madras immediately before the appointed day, there shall, as from that day, be two
separate cadres, one for the State of Andhra and the other for the State of Madras, in respect of each
of the Services.
(2) The President shall, by order, determine the strength and composition of, and the allocation of
individual officers, to the said cadres for each of the States of Andhra and Madras.
(3) Every officer allocated under sub-section (2) to the cadre for the State of Andhra who
immediately before the appointed day is serving in connection with the affairs of the State of
Madras shall,—
(a) if immediately before the appointed day he is holding any post in any area which on that
day falls in the State of Andhra, be as from that day, deemed to have been duly appointed to that
post by the Government of Andhra; and
(b) if immediately before the appointed day he is not holding any post in any such area, be
appointed by the Government of Andhra to a post in connection with the affairs of that State.
62. Provisions relating to the Indian Civil Service, the Indian Police, the Indian Service of
Engineers and the Indian Forest Service.—(1) In respect of the members borne on the Madras
cadre of the Services known as the Indian Civil Service, the Indian Police, the Indian Service of
Engineers and the Indian Forest Service, the President shall, by order, determine the allocation of
individual officers to the States of Andhra and Madras.
(2) Every officer allocated under sub-section (1) to the State of Andhra, who immediately before
the appointed day, is serving in connection with the affairs of the State of Madras shall—
(a) if, immediately before the appointed day, he is holding any post in any area which on that
day falls in the State of Andhra, be deemed, as from that day, to have been duly appointed to that
post by the Government of Andhra; and
(b) if, immediately before the appointed day, he is not holding any post in any such area, be
appointed by the Government of Andhra to a post in connection with the affairs of that State.
19
63. Provisions relating to other Services.—(1) The President may by general order require all
persons who immediately before the appointed day are serving in connection with the affairs of the
State of Madras in the territories specified in sub-section (1) of section 3 or in the transferred territory
and who under the terms of their appointments or their conditions of service are not normally liable to
be transferred outside the said territories or territory in which they are serving, to serve as from the
appointed day in connection with the affairs of the State of Andhra or the State of Mysore, as the case
may be, and all allocations so made by the President shall be final.
(2) The President may by special order require any person who is serving immediately before the
appointed day in connection with the affairs of the State of Madras and to whom the provisions of
sub-section (1) do not apply, to serve in connection with the affairs of the State of Andhra.
(3) Every person who is required to serve under sub-section (1) or sub-section (2) in connection
with the affairs of the State of Andhra or the State of Mysore shall,—
(a) if immediately before the appointed day he is holding any post in connection with the
affairs of the State of Madras in any area which on that day falls in the State in which he is so
required to serve, be deemed as from that day to have been duly appointed to that post by the
Government of, or by other appropriate authority in the State concerned in connection with the
affairs of that State; and
(b) if immediately before the appointed day he is not holding any post in any such area, be
appointed by the Government of, or by other appropriate authority in, the State concerned, to a
post in connection with the affairs of that State.
(4) All persons who are required by the President under sub-section (2) to serve in connection
with the affairs of the State of Andhra shall be classified by him into the following two categories,
namely:—
(i) officers whose allocation to the State of Andhra is final (hereinafter referred to in this
section as “allotted officers”), and
(ii) officers required by the President to serve in connection with the affairs of the State of
Andhra for a limited period as provided in sub-section (5) (hereinafter referred to in this section as
“transferred officers”).
(5) The period for which a transferred officer may be required to serve in connection with the
affairs of the State of Andhra shall be two years:
Provided that the Government of Andhra may return any such officer to the State of Madras at
any time before the expiration of the said period after giving three months' notice to him and to the
Government of Madras.
(6) An officer shall be classified under sub-section (4) as an allotted officer or a transferred officer
according as he is, or is not, in the opinion of the President, suitable for final allotment to the State of
Andhra.
(7) A transferred officer shall, during the period he is required to serve in connection with the
affairs of the State of Andhra,—
(a) continue to be in the service of the State of Madras and be deemed to be on deputation to
the State of Andhra, and
(b) be entitled in addition to the remuneration which he would have drawn if he had continued
during such period to serve in connection with the affairs of the State of Madras, to such
allowances as the President may by general or special order determine.
(8) A transferred officer shall not be dismissed, removed or reduced in rank except with the
previous concurrence of the Government of Madras, and if the Government of Madras does not
concur in any such proposal of the Government of Andhra, then the Government of Andhra shall
notwithstanding anything contained in sub-section (5) return the officer concerned to the State of
Madras.
20
(9) Subject to the provisions of sub-sections (7) and (8), the conditions of service of a transferred
officer shall be the same as they would have been if he had continued to serve in connection with the
affairs of the State of Madras during the period he is required to serve in connection with the affairs of
the State of Andhra.
(10) The foregoing provisions of this section shall not apply in relation to any person to whom the
provisions of section 61 or section 62 apply.
64. Power of President to give directions.—The President may give such directions to the States
of Madras, Andhra and Mysore as may appear to him to be necessary for the purpose of giving effect
to the provisions of sections 61, 62 and 63 and ensuring the proper division of services among those
States.
65. Report of the Madras Public Service Commission.—The report of the Madras 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 Andhra and
Madras, and the Governor of Madras 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 Madras 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 Andhra.
66. Special provisions with regard to Tungabhadra Project.—(1) Notwithstanding anything
contained in this Act but subject to the provisions of paragraph 12 of the Seventh Schedule, all rights
and liabilities of the State of Madras in relation to Tungabhadra Project or the administration thereof
shall, on the appointed day, be the rights and liabilities of the States of Andhra and Mysore subject to
such adjustments as may be made by agreement entered into by the said States after consultation with
the President or if no such agreement is entered into within two years from the appointed day, as the
President may by order determine having due regard to the purposes of the Project, and any such
order may provide for the management of the Project jointly by the said States or otherwise:
Provided that the order so made by the President may be varied by any subsequent agreement
entered into by the States of Andhra and Mysore.
(2)An agreement or order referred to in sub-section (1) shall, if there has been an extension or
further development of the Project after the appointed day, provide also for the rights and liabilities of
the States of Andhra and Mysore in relation to such extension or further development.
(3)The rights and liabilities referred to in sub-sections (1) and (2) shall include—
(a) the rights to receive and to utilise water which may be available for distribution as a result
of the Project,
(b) the rights to receive and to utilise the power generated as a result of the Project.
(c) the rights and liabilities in respect of the administration of the Project and the construction,
maintenance and operation thereof,
but shall not include the rights and liabilities under any contract entered into before the appointed
day by the Government of Madras with any person other than Government.
(4) The President may from time to time give such directions as may appear to him to be
necessary generally in regard to any of the matters specified in the foregoing provisions of this section
and, in particular, for the completion of the Project and its operation and maintenance thereafter:
21
Provided that no such direction shall be issued or have effect after an agreement has been entered
into by the States of Andhra and Mysore under sub-section (1) or after an order has been made by the
President under that sub-section, whichever is earlier.
(5) In this section, the expression “Tungabhadra Project” or “the Project” means the project
agreed to between the Government of Madras and the Government of Hyderabad before the appointed
day and, so far as the State of Madras is concerned, intended for the supply and distribution of water
from the Tungabhadra river by means of high-level and low level canals to the districts of Bellary,
Anantapur, Cuddapah and Kurnool, and for the generation of electric energy, both hydro-electric and
thermal, and its transmission and distribution to the said districts and includes any extension or further
development after that day of that Project for the said purposes.
67. Allowances and privileges of the Governor of Andnra.—The allowances and privileges of
the Governor of Andhra shall, until provision in that behalf is made by Parliament by law under
clause (3) of article 158, be such as the President may, by order, determine.
68. Effect of provisions of the Act inconsistent with other laws.—The provisions of this Act
shall have effect notwithstanding anything inconsistent therewith contained in any other law.
69. Power to remove difficulties.—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 appear
to him to be necessary or expedient for the purpose of removing the difficulty.