Changes Likely to be Proposed by Telangana Lawmakers to AP Reorganisation Bill-2013 - The New Indian Express

Changes Likely to be Proposed by Telangana Lawmakers to AP Reorganisation Bill-2013

Published: 08th January 2014 09:44 AM

Last Updated: 08th January 2014 09:44 AM

In Section 1 (definitions), at the end of the Section add a new sub section:

(n) Any reference to Krishna River or Godavari River shall be construed as a reference to that portion of the Krishna or Godavari river basins, as the case may be, which lie within the jurisdiction of the successor states

Explanation: This is only to specify and identify the areas which come under the jurisdiction of the respective River Boards

In Section 5 (1), after the words ‘’for such period not exceeding ten years’’

add the words

‘’from the appointed date or such earlier date as the President, by notified order, determines’’

Explanation: This will enable the President to declare the end of the period in which Hyderabad will serve as ‘the common capital’ when the residuary State moves to its own capital before the expiry of the ten year period. It also will apply to Clause 5 (2).

In all the Sections 17 (1) , 18 (1), 18 (2), 18 (3), 18 (4), 19 and 20 (2), and also in side bar to Section 18 (1) in the expression ‘’provisional Legislative Assembly of the State of Telangana

Delete the word  ‘’provisional’’

Explanation: The Telangana Assembly with 119 elected members and one nominated Anglo Indian Member as per Section 18 (2) fulfills the requirement under Article 170 of the Constitution for a permanent Legislative Assembly similar to the Legislative Assembly of the successor state of Andhra Pradesh in whose context this term ‘’provisional’’ is not used.

In Section 30 (1) (a), after the words ‘’till a separate High Court for the state of Andhra Pradesh is constituted under Article 214 of the Constitution read with Section 31 of this Act”

add the words

‘’on such date as the President, by notified order, determines but not later than three months after the appointed date”

Explanation: This will end the confusion on the continuation of a common High Court beyond the time needed to effect its division into two successor High Courts, especially as the location of the High Court for the residuary State of Andhra Pradesh, as is also the location of its capital, is still to be determined.

In Section 54 (3) after the words: ‘’The liability on account of loan raised from any source and relent by the existing State of Andhra Pradesh to such entities”

add the words

“or any other project or scheme of the existing state of Andhra Pradesh”

Explanation: This provides for loans from World Bank and other financial institutions for specific projects and schemes in areas of the successor states.

In Section 77 (2), the words “after seeking option from the employees” may be deleted and substituted by the words ‘’after consideration of the option, domicile and seniority of the employees”

Explanation: This change will bring the clause in line with existing Government of India guidelines in this regard. The Department of Personnel Guidelines for Criteria of Allocation in the case of the reorganisation of a State is given on its website http://persmin.gov.in/DOPT_Wings_ATA_SR_srmaterial030508.asp which states as follows: “The broad principle of allocation of State cadre employees which inter alia include allocation first by ‘option’, followed by ‘domicile’ (home district) and lastly by inclusion of ‘junior most’ personnel in the reverse order of seniority. If the number of posts allocated to a successor State are more than the total number of ‘optees’ and ‘domicile’ (home district), in order to fill up the balance posts, the employees lower down in the seniority position in the cadre are considered for allocation even against their options. Option once exercised by the employees is not reversible”.

In Section 85 (7), after the word ‘reservoirs’

add the words ‘’barrages, headworks, canals and works appurtenant thereto.”

Explanation: Control and safety of reservoirs alone will not facilitate the purpose envisaged in this Clause and this addition will bring the Clause in line with Clause (6) of the 11th Schedule.

Delete Section 95 altogether.

Explanation: Section 95 in its entirety conflicts with the proposed power of the successor States to request Presidential Orders under Article 371 D which is being extended by Clause 97 to both successor states.

In the Eighth Schedule, in Clause 5 (1) the words “shall be allocated between the successor States on the basis of population ratio”  may be deleted and substituted with the words “shall be allocated to the successor States in the same ratio as the period of the employee’s past service in the areas of the successor States bears to that employee’s total service”

Explanation: This substitution brings this Clause in line with logic of Clause 5 (2) and  ensures a fair distribution of pension liabilities between the successor states.

In the Eleventh Schedule, delete altogether Clause 9

Explanation: Levy of financial and other penalties imposed by the Central Government on a State Government for whatever reason without recourse to the law of the land is arbitrary, unconstitutional, bad public policy and  further will create unnecessary and new issues of judicial review and litigation.

In the Twelfth Schedule, in Clause A (2) after the words “Existing coal linkages of SCCL shall continue without any change”

add the words

‘’for a period not later than three years from the appointed date”

Explanation: Freezing coal linkages of SCCL for all time is bad commercial and public policy and contravenes existing powers under which SCCL operates. SCCL, whose  51% equity after the appointed date shall be with the Government of Telangana (Clause A (1) ). This clause unless restricted to the period of transition to enable adjustment to be made  may affect its commercial and strategic policies and viability.

In the Twelfth Schedule, in Clause A (4) after the words: “End use plants of the allocated coal blocks shall continue with coal from the block to be supplied in proportion to their respective capacities”

add the words

‘’for a period not later than three years from the appointed date”

Explanation: To freeze coal linkages of SCCL for all time is bad commercial and public policy and contravenes existing powers under which SCCL operates. SCCL, whose  51% equity after the appointed date shall be with the Government of Telangana (Clause A (1) ). This clause unless restricted to the period of transition to enable adjustment to be made  may affect its commercial and strategic policies and viability.

In the Twelfth Schedule, in Clause C (7), delete the words: “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”

substitute the words

“The Central Government shall consider favourably the need of the deficit successor State for allocation of power from the Central pool over and above the share defined in Clause 6 above”

Explanation: This is by way of abundant caution to meet the eventuality where neither of the successor States has any surplus to spare to the other deficit state.

In the Thirteenth Schedule, Clause 4, delete the words “A Horticulture University shall be established in the successor state of Telangana”

And substitute the words

‘’The Government of India shall establish a Horticulture University in the successor state of Telangana”

Explanation: This brings this clause in line with the other clauses relating to establishment of institutions by Government of India.

In the Thirteenth Schedule, in Clause (6) delete the words  “NTPC shall examine the feasibility of establishing a 4000 MW power facility in the successor State of Telangana”

And substitute the words

“NTPC in collaboration with SCCL shall examine favourably the feasibility of establishing a 4000 MW power facility based on domestic coal supplies and whose power output is entirely dedicated to the needs of successor state of Telangana”

Explanation: This will encourage both PSUs to collaborate in applying their resources in enhancing both the coal and power supplies for the state of Telangana and eliminate the anticipated delict in power requirements of Telangana and provide low cost power supplies.

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