Telangana Government ‘strongly opposes’ inclusion in Schedule X of institutions not mentioned in APRA

The Telangana Government has strongly opposed the Union Home Ministry’s proposal to include institutions not mentioned anywhere in the Andhra Pradesh Reorganisation Act 2014 in Schedule X for apportionment between the two Telugu States — Telangana and Andhra Pradesh.

The move, the Government said, is in explicit violation of the provisions laid down under APRA, and the Central Government should not proceed with the proposed inclusion of any of these institutions under Schedule X of the Act. The State Government has addressed a letter to the Union Home Ministry in response to its communication seeking the views of the Telangana Government about the division of assets and liabilities of the institutions not mentioned anywhere in the APRA.

In a detailed response, the Telangana Government said the Andhra Pradesh Government furnished names of 32 institutions not mentioned in the Act, and the current reduced list contained 12 departments with 19 institutions. Out of these, some were found liquidated and some are non functional/defunct while some others were already listed under Schedule VII of the Act.

The Government cited Section 75 (2) of the Act, which lays down that “the Central Government may, at any time, within one year from the appointed day (June 2, 2014), by notification in the official gazette, specify the tenth schedule referred to in sub section (1) any other institution existing on the appointed day in the States of Andhra Pradesh and Telangana and, on issue of such notification, such Schedule shall be deemed to be amended by the inclusion of the said institutions therein”.

“Thus, it is clear that the Central Government is empowered to exercise powers under the above proviso within one year from the appointed day only,” the State Government said.

The Telangana Government said originally (107) institutions were listed under Schedule X. Subsequently, in May 2015, the Government of India, in the exercise of powers under sub-section 75(2) included 35 more institutions in X Schedule, making the total 142 within one year from the appointed day.

“The present proposal is contemplated more than 10 years after the appointed day which would be violative of sub-section (2) of Section 75 of APR Act,” the Government said.