Telangana to Adapt 600 Acts of United AP

By Express News Service

Published: 04th June 2014 08:56 AM

Last Updated: 04th June 2014 08:57 AM

HYDERABAD: The Telangana State has to adapt as many as 600 Acts of Andhra Pradesh for regular functioning of the administration. Without these Acts, the government could not function. The Law Department has initiated measures to adapt the Acts. However, the Acts need not be referred to the Telangana Assembly for two years. The AP Reorganisation Act, 2014, provides an opportunity to Telangana Chief Minister to adapt the Acts with the consent of the Governor. The executive process is sufficient in this direction. If the Telangana government wanted to amend a particular Act, then the government may refer it the State Assembly. “It will take a lot of time, if all the 600 Acts are referred to the Assembly,” sources in the Law Department told Express. The Reorganisation Act gave leverage to the Chief Minister for two years. The officials also issued an internal circular to this effect to all the district collectors and senior officials about the position of the existing Acts and laws for the new states. Section 101 of the Reorganisation Act stated that: “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 such adaptations 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and thereupon every such law shall have effect subject to the adaptations and modifications so made until altered, repealed or amended by a competent Legislature or other competent authority.” The Law Department officials are also looking into the past judgments given by the Supreme Court. “In the State of Punjab and others Vs Balbir Singh and others case, the Supreme Court inter alia held that when there is no change of sovereignty and it is merely an adjustment of territories by reorganisation of a particular State, the administrative orders made by the Governor of erstwhile State continue to be in force and effective and binding on the successor States until and unless they are modified, changed or repudiated by the Governments of the successor States. It has also been observed that no other view is possible to be taken, as that will merely bring about chaos in the administration of new States,” the officials recalled in this connection. “The Supreme Court, while interpreting sections 84 and 85 of the Bihar Reorganisation Act, 2000, held that the sections provide that the laws which were applicable to the undivided Bihar would continue to apply to the new States created by the Act.” In view of these two cases and sections 100, 101 and 101 of the AP Reorganisation Act, officials clarified: “All the laws applicable to the undivided AP will continue to apply to the new States of Telangana and AP. To facilitate their application in respect of Telangana and AP States, the appropriate government may, before the expiration of two years from June 2, by order, make such adaptations and modifications of the law, whether by way of repeal or amendment, and thereupon. Every such law adapted or modified will continue till it is altered, repealed or amended by Legislature or other competent authority, in the respective States.


Points to ponder
■ If the Telangana government wants to amend a particular Act, then the government may refer it the State Assembly. ■ The Reorganisation Act gave leverage to the Chief Minister for two years