Devil in the Detail: What the Final Telangana Note Says
Published: 07th December 2013 07:58 AM |
Determine the boundaries of the new State of Telangana and the residuary State of Andhra Pradesh with reference to the electoral constituencies, judicial and statutory bodies, and other administrative units.
1. The GoM has after due deliberations recommended that the boundaries would be as per the earlier Cabinet approval given on 01/10/13. This would imply that the successor state of Telangana will compromise of the existing 10 districts of the Telangana region (Adilabad, Karimnagar, Medak, Nizamabad , Warangal, Rangareddy, Nalgonda, Mahabubnagar, Khammam, Hyderabad) with 119 elected MLAs, 40 MLCs, 17 MPs of Lok Sabha and 7 MPs of Rajya Sabha. The successor state of Andhra Pradesh will then have 13 districts (Srikakulam, Vizianagaram, Viskhapatknam, East Godavari, West Godavari, Krishna, Guntur, Prakasham, YSR Kadapa, Potti Sriramulu Nellore, Chittoor, Kurnool and Ananthapur), 175 elected MLAs, 50 MLCs, 25 MPs of Lok Sabha and 11 MPs of Rajya Sabha.
2. The existing High Court of Andhra Pradesh shall be the common High Court for the two successor states until a separate High Court is established for the successor state of Andhra Pradesh under Article 214 of the Constitution of India.
3. The existing State Public Service Commission shall be deemed to be the Public Service Commission for the successor state of Andhra Pradesh and until a Public Service Commission is constituted in accordance with Article 315 of the Constitution by the successor State of Telangana, the Union Public Service Commission may, with the approval of the President, agree to serve the needs of the State of Telangana in accordance with Article 315 (4).
4. The existing Legislative Council in the state of Andhra Pradesh with a total membership of 90 shall be reconstituted. The Legislative Council for the successor state of Telangana shall have 40 members and that for the successor state of Andhra Pradesh shall have 50 members.
Look into the legal and administrative measure required to ensure that both the State Governments can function efficiently from Hyderabad as the common capital for 10 years.
1. The two successor states shall have a common Governor for such period not exceeding ten years.
2. Hyderabad shall function as a common capital for such period not exceeding ten years. The existing Greater Hyderabad Municipal Corporation (GHMC) area shall be the common capital area.
3. The Governor shall have special responsibility for the security of life, liberty and property of all those who reside in the common capital of Hyderabad. In particular, the Governor’s responsibility shall extend matters such as law and order, internal security of vital installations. In the discharge of these functions, the Governor shall, after consulting the Council of Ministers of the successor state of Telangana, exercise his/her individual judgement as to the action to be taken. The Governor’s decision shall be final. The Governor may be assisted by two advisers to be appointed by the Government of India. In addition, the Governor shall also be responsible for the management and allocation of government buildings in the common capital area. This transitory provision shall cease to have effect after such period not exceeding ten years.
Take into account the legal, financial and administrative measure that may be required for transition to a new capital of the residuary State of Andhra Pradesh.
1. The Government of India shall constitute an Expert Committee to study various alternatives regarding a new capital for the successor state of Andhra Pradesh and make appropriate recommendations in a period not exceeding 45 days from the date of coming into force of this Act.
2. The Government of India shall facilitate the creation of a new capital of the successor state of Andhra Pradesh, if need be, by denotifying degraded forest land.
3. The Government of India shall provide a special financial package for the creation of essential facilities in the new capital of the successor state of Andhra Pradesh including the Raj Bhawan, High Court, Secretariat, Legislative Assembly and Council, offices of HoDs, staff quarters, Government guest houses, etc.
Look into the special needs of the backward regions and districts of both the States and recommend measures.
1. The Government of India shall support the programmes for the development of backward areas in the two successor states, including expansion of physical and social infrastructure.
2. The Government of India shall take appropriate fiscal measures including offer of tax incentives to promote industrialisation and economic growth of the two successor states.
Look into the issues relating to law and order, safety and security of all residents and to ensure peace and harmony in all regions and districts consequent to the formation of the State of Telangana and the residuary State of Andhra Pradesh, and the long term Internal security implications arising out of the creation of the two States and make suitable recommendations.
1. The Government of India shall help the successor States of Telangana and Andhra Pradesh in raising additional police forces for maintaining public order and shall also deploy one additional unit of the Rapid Action Force in Hyderabad for a period of five years.
2. The Greyhound Training Centre in Hyderabad shall function as a common training Centre for the two successor states for a period of three years. During this period, the training centre shall be under the administrative control of, and be financed by the Ministry of Home Affairs, Government of India. During this period of three years, the Government of India shall assist the successor state of Andhra Pradesh in setting up a similar state-of-the art-training centre for Greyhounds at a suitable location in the state. At the end of three years, the Greyhound Training Centre at Hyderabad shall revert to the successor state of Telangana.
3. The Government of India will financially assist both the successor states in setting up new operational hubs for Greyhounds at suitable locations.
4. The existing Greyhound and OCTOPUS forces shall be distributed between the two states after obtaining options from the personnel. Each of these forces, after the bifurcation, shall function under the respective DGPs of the two successor states.
5. If need be, the Government of India shall deploy additional Central Armed Police Forces (CAPFs) in both the successor states.
Look into the sharing of river water, irrigation resources and other natural resources (especially coal, water, oil and gas) between the two States and also inter-se with other States, including the declaration of Polavaram Irrigation Project as a National Project.
1. The Government of India shall extend the term of the Krishna Water Disputes Tribunal-II (KWDT-11 headed by Justice Brijesh Kumar (Former Judge, Supreme Court of India). The KWDT-11 shall be asked to recommend project-wise specific allocation, if such allocations have not already been made by a Tribunal constituted under the Inter-State River Water Disputes Act, 1956. It shall also be asked to determine an operational protocol for project-wise release of water in the event of deficit flows. This exercise shall be completed and notified within a time-frame, to be determined by the Government of India, and it shall be binding on the two successor states.
2. There shall be a 2-tier institutional mechanism to manage sharing of Krishna, and Godavari River Water and irrigation sources, between the two Successor States, optimally and strictly in accordance with the awards made by the Tribunals under Inter-State River Water Disputes Act, 1956, duly following the principles laid down below, after reorganization of the State of Andhra Pradesh.
THIS 2-TIER MECHANISM SHALL CONSISTS OF
A. Apex Council on Krishna and Godavari River Water
(i) The Council shall consist of Minister of Water Resources, Government of India, as Chairman, Chief Ministers of both the successor states as members.
(ii) The Council shall oversee the functioning of the technical bodies i.e., Krishna River Management Board and Godavari River Management Board
(iii) The Council shall be empowered to plan and approve proposals for construction of new projects, if any, based on Krishna or Godavari River water, after getting the proposals appraised and recommended by the respective boards and by Central Water Commission (CWC) wherever required.
(iv) The Council shall endeavour to resolve amicably any dispute arising out of the sharing of river waters through negotiations and mutual agreement.
(v) In case of any future disputed not covered under KWDT-II, the matter shall be referred to a Tribunal to be constituted under the Inter-State River Water Disputes Act, 1956, as amended from time to time.
B. Krishna and Godavari River Management Boards
(i) The Ministry of Water Resources, Government of India, shall constitute Krishna River Management Board and Godavari River Management Board, within a period of sixty days from the date of coming into force of the Andhra Pradesh Reorganization Bill, 2013. The headquarters of Krishna River Management Board shall be located in the successor state of Andhra Pradesh, and the Godavari River Management Board in the successor state of Telangana.
(ii) The Boards shall be autonomous bodies under the administrative control of the Ministry of Water Resources, Government of India, and shall comply with such Directions as may, from time to time, be given to it by the Government of India.
(iii) Each Board shall consist of a Chairman, of the rank/level of Secretary/Additional Secretary to Government of India, to be appointed by the Government of India to be appointed by the Government of India, two members - one from the technical side (not below the rank/level of Chief Engineer) and the other from the administrative side from each of the two successor states, who shall be nominated by the successor States and one independent expert as member to be nominated by the Government of India. Each Board shall have a full-time Member-Secretary, who would be a Chief Engineer level officer from CWC, Appointed by the Government of India. The Government of India shall create the additional posts at these levels to make these Boards functional.
(iv) The staff of the Boards shall be taken initially on deputation basis from both the successor States and subsequently absorbed permanently as employees of the Boards.
(v) The Boards shall be primarily responsible for the administration, regulation, maintenance and operation of the head works of the Dams, Reservoirs or head works of Canals and works appurtenant thereto including the hydel power projects, as notified by the Government of India, on Krishna and Godavari Rivers strictly in accordance with the awards made by the Tribunals to each project in the two Successor States.
(vi) The Governments of the successor States shall at all times provide the necessary funds to the Boards to meet all expenses (including the salaries and allowances of the staff)required for the discharge of its functions and such amounts shall be apportioned among the two Successor States, in such proportion as the Central Government may, having regard to the benefits to each of the said States, specify.
(vii) The Boards may, with the approval of the Government of India, delegate such of its powers, functions and duties as it may deem fit to the Chairman of the said Board or to any officer subordinate to the Board.
(viii) The Government of India may, for the purpose of enabling the Boards to function effectively, issue such directions to the two successor State Governments and the State Governments shall comply with such directions.
(ix) The Boards may, with the previous approval of the Government of India and by notification in the Official Gazette, make regulations to provide for:
- regulating the time and place of meetings of the Board and the procedure to be followed for transaction of business at such meetings;
- delegation of powers and duties to the Chairman or any officer of the Board;
- the appointment and conditions of service of the officers and other staff of the Board;
- any other matter for which regulations are considered necessary by the Board
(x) The Boards shall be assisted by the Central Industrial Security Force (CISF) in ensuring security of dams, had works, reservoirs etc. The expenditure on all facilities of CISF shall be borne by the Boards
(xi) The Boards shall be responsible for making an appraisal of any proposal for construction of new projects on Krishna or Godavari Rivers and give technical clearance, after satisfying that such projects do not negatively impact the availability of water as per the Tribunal awards for the projects already completed or taken up, before reorganization of the State.
C. Principles governing the functioning of the 2-tier mechanism:
(i) The operation protocol notified by the Ministry of Water resources with respect to water resources arrived at based on appropriate dependability after the adjudication by the KWDI-II, shall be binding on both the Successor States.
(ii) In the event of conflicting demand of water for irrigation and drinking water and sanitation the requirement of water for drinking and sanitation purpose shall take precedence.
(iii) In the event of conflicting demand of water for irrigation and power the requirement of water for irrigation shall take precedence.
(iv) The allocations made by the Tribunals with regard to various projects on Krishna and Godavari or for the regions of the undivided State of Andhra Pradesh, in respect of assured water shall remain the same.
(v) Future allocations, if any, to be made on excess flows by any Tribunal in future shall be binding on both the Successor States.
(vi) While the two successor state Governments shall be responsible for managing natural calamities, the Boards shall advise the two state governments on the management of disaster/drought/flood in the rivers of Krishna and Godavari, particularly in reference to the release of water for the management and mitigation of the natural calamities. The Boards shall have the full authority to get their orders implemented by the two successor state governments promptly and effectively in respect of operation of the head works of the Dams, Reservoirs or head works of Canals and works appurtenant thereto including the hydel power projects, as notified by the Government of India, on Krishna and Godavari Rivers.
(vii) No new projects based on water resources arrived at based on appropriate dependability criteria on Krishna or Godavari rivers can be taken up by the two successor states without obtaining approval from the Apex Council on Krishna and Godavari River Water. All such proposals shall be first appraised and recommended by the respective Board, before sanction by the Apex Council.
(viii) Execution of ongoing projects and future new projects on Krishna and Godavari rivers shall be the responsibility of successor State government concerned where the project is located.
(ix) In case of non-implementation of the decision by either of the state, the defaulting state shall bear the responsibility and shall face financial and other penalties imposed by Government of India.
3. The Governments of the successor states of Telangana and Andhra Pradesh shall replace the existing state of Andhra Pradesh on the Tungabhadra Board. The Board shall continue to oversee release of water to High-level canal, Low-level canal and Rajolibanda diversion scheme.
The Polavaram project shall be declared as a National Project. The Government of India shall execute the project in collaboration with the two successor state governments following all environmental, forests and Rehabilitation & Resettlement (R&R) norms.
1. Of the total equity of Singareni Colleries Company Ltd (SCCL), 51% shall be with the Government of Telangana and 49% with the Government of India.
2. Existing coal linkages of SCCL shall continue without any change.
3. New linkages shall be allotted to the successor states as per the New Coal Distribution Policy by Government of India.
4. End use plants of the allocated coal block shall continue with coal from the block to be supplied in proportion to their respective capacities.
OIL AND GAS
1. Allocation of natural gas will continue to be done as per the policies and guidelines issued by the Government of India from time to time.
2. The royalties payable on domestic onshore production of oil and gas shall accrue to the state in which such production takes place.
Look into the issues related to power generation, transmission and distribution between the two States.
1. Units of APGENCO shall be divided based on geographical location of power plants.
2. Existing Power Purchase Agreement (PPAs) with respective DISCOMS shall continue for both the on-going projects and the projects under construction.
3. The existing Andhra Pradesh Electricity Regulatory Commission (APERC) shall function as a joint regulatory body for a period not exceeding six months within which time separate SERCs shall be formed in both successor states.
4. The existing State Load Despatch Centre (SLDC) shall function for both successor states for a period not exceeding two years within which time separate SLDCs shall be set up for each successor state. During this period, the existing SLDC shall function under the direct administration and control of the Southern RLDC at Bengaluru.
5. Transmission lines of APTRANSCO of 132KV and higher voltage cutting across the successor States shall be deemed as Inter-State Transmission System (ISTS) lines. The transmission lines falling entirely within the territory of each successor State shall be transferred to the respective State Transmission Utilities. Maintenance of ISTS lines shall be done by the successor States in their respective jurisdictions. Till the respective State Transmission Utilities become functional, the existing APTRANSCO shall continue to function as the Transmission Utility for both the successor States.
6. Allocation of power from Central Generating Stations shall be allocated to the successor States in the ratio of the average of the actual energy consumption of last 5 years of the relevant DISCOMS in the respective successor States.
7. For a period of ten years, the successor state that has a deficit of electricity shall have the first right of refusal for the purchase of surplus power from the other successor State.
8. The districts of Kurnool and Ananthapur shall be reassigned to the power distribution company, Andhra Pradesh Southern Power Corporation Limited (APSPCL).
Look into the issues arising on account of distribution of assets, public finance, public corporations and liabilities thereof between the two states.
1. The division of Assets and liabilities of the State undertakings shall be as follows:
*(1) The assets and liabilities relating to any commercial or industrial undertaking of the existing State of Andhra Pradesh, where any such undertaking or part thereof is exclusively located in, or its operations are confined to, a local area then such undertaking shall pass to the State in which it is located, irrespective of the location of its headquarters.
Provided that where the operation of such undertaking becomes inter-State by virtue of the provisions of Part II, the assets and liabilities of -
(a) the operational units of the undertaking shall be apportioned between the two successor States location basis; and
(b) the headquarters of such undertaking shall be apportioned between the two successor
States on the basis of population ratio.
(2) Upon apportionment of the assets and liabilities, such assets and liabilities shall be transferred in physical form on mutual agreement by making payment or adjustment through any other mode as may be agreed to by the successor State.
2. The provisions in regard to pensions shall be population based.
3. The provisions regarding the functioning and apportionment of assets & liabilities of organizations, registered societies, cooperative societies, corporations, govt. Companies or trusts incorporated on the behest of the State Government shall be location based. Where these organizations/societies/trusts are located in both the States, then the apportionment of the assets & liabilities shall be bas on population ratio.
4. On the appointed day, the cash balances and public account held with RBI and SBI shall be apportioned between the successor States on the basis of population ratio.
5. Public debit shall be apportioned in the population ratio.
6. The liability of the existing State of Andhra Pradesh in respect of any floating loan to provide short-term finance to any commercial undertaking shall be the liability of the State in whose territories the undertaking is located. Otherwise, shall be divided on the basis of the population ratio.
7. Provident Fund liabilities shall be the liability of the State to which the Government Servant is permanently allocated.
8. 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.
9. The Central Government may, having regard to the resources available to the successor State of Andhra Pradesh, make appropriate grants to that State.
10. In respect of the contracts, in all such cases where the purpose is exclusive to either of the successor States, the liability shall devolve on the concerned State. In all other cases, it shall be apportioned on the basis of population ratio and each of the successor State shall be liable to compensate to the extent of the liability of that State.
11. After apportionment of liabilities on basis of population ratio, items of liabilities to be allocated to successor State and amount of contribution required to be made one successor State to another will be ordered by Central Government after consulting C&AG of India. Any dispute regarding assets and liabilities shall be settled through mutual agreement, failing which by order of the Central Government in consultation with the C&AG.
Look into the issues relating to the distribution of the employees in the subordinate as well as All India Services between the two States.
1. In order to maintain continuity of administration, all employees in the existing state of Andhra Pradesh shall continue in their respective posts provisionally until final allocations are made.
2. The Government of India shall have the powers to allocate both All-India Services and State government employees (including Secretariat, Directorate and HODs) to ensure smooth functioning of administration. The Government of India shall establish one or more Advisory Committees for the purpose of assisting it in this regard. However, even after the allocation has been determined, in order to meet any deficiency, officers of the All-India and other state government employees may be deputed by the Government of India from one of the two successor states to the other.
3. As far as local, district, zonal and multi-zonal cadres are concerned, the employees will continue to serve, on or after the appointed day, on as-is-where-is-basis.
4. The Government of India shall have the powers of review, including revision of its own orders after examining them under the appropriate provisions of the Andhra Pradesh Reorganization Bill 2013.
5. The allocation guidelines shall be issued by the Government of India separately on or after the date of enactment of the Andhra Pradesh Reorganization Bill, 2013. The actual allocation of individual employees shall be made, after seeking the option from the employees, by the Government of India on the recommendation of the Advisory Committee(s), duly constituted under the Andhra Pradesh Reorganization Bill 2013.
6. The Advisory Committee(s) shall be appointed by the Government of India within a period of 30 days from the date of enactment of the Andhra Pradesh Reorganisation Bill 2013.
7. On and from the appointed day, separate cadres of the All-India Services for the two successor states shall be created. The new recruits shall be allotted to the separate cadres immediately after the bifurcation. In order to maintain continuity in administration, the process of allocation of the serving officers to either cadre shall also be completed expeditiously.
8. Employees of state PSUs, corporations and autonomous bodies shall continue to function on as-is-where-is basis for a period of one year from the appointed day. During this period the corporate body concerned shall determine the modalities for distributing the personnel between the two successor states.
Look into the issues arising out of the Presidential order issued under Article 371D of the Constitution consequent to the bifurcation.
1. Article 371-D which is intended to provide equitable opportunities and facilities for education and public employment shall continue to apply in the two successor States. The two successor states shall submit proposals to the Government of India for issuing appropriate Presidential Orders in this regard.
2. The consequential amendments in Article 371D of the Constitution may be carried out under Article 4 of the Constitution which, inter alia, enables Parliament to make such supplemental, incidental and consequential provisions as Parliament may deem necessary to give effect to the provisions of the law.
Examine any other matter that may arise on account of the bifurcation of the State of Andhra Pradesh and make suitable recommendations.
1. In order to ensure equal opportunities for quality education to all students in the two successor states, existing admission quotas in Government, Private-aided and Private-unaided professional colleges and institutions shall continue for a period not exceeding fiver years during which time the existing common admission process shall also continue.
2. The Government of India shall take steps to establish institutions of national importance in the 12th and 13th Plan periods in the successor state of Andhra Pradesh. This would include one IIT, one NIT, one IIM, and ISSER, one Central University, one Agricultural University and one IIIT.
3. The Government of India shall establish one AIIMS-type Super-Specialty Hospital-cum-Teaching Institution in the successor State of Andhra Pradesh.
4. The Government of India shall establish a Tribal university in Telangana.
1. The Government of India shall develop a new major port at Duggirajupatnam in the successor state of Andhra Pradesh to be completed in phases with Phase 1 by end - 2018.
2. SAIL shall examine the feasibility of establishing an integrated steel plant in Khammam district of the successor state of Telangana.
3. IOC/HPCL shall examine the feasibility of establishing a greenfield crude oil refinery and petrochemical complex in the successor stat of Andhra Pradesh.
4. The Government of India shall examine the feasibility of establishing a Vizag-Chennai industrial corridor along the lines of Delhi-Mumbai Industrial Corridor.
5. The Government of India shall examine the feasibility of expanding the existing Visakhapatnam, Vijayawada and Tirupati airports.
6. NTPC shall examine the feasibility of establishing a 4000 MW power facility in the successor state of Telangana.
7. Indian Railways shall examine establishing a new railway zone in the successor state of Andhra Pradesh.
8. NHAI shall take necessary steps to improve road connectivity in the backward regions of the successor state of Telangana.
9. The Indian Railways shall examine the feasibility of establishing a Rail Coach Factory in the successor state of Telangana and improve rail connectivity in the State.
10. The Government of India shall consider measures to establish rapid rail and road connectivity from the new capital of the successor State of Andhra Pradesh to Hyderabad.
11. A Horticulture university shall be established in the successor state of Telangana.