Andhra Pradesh Reorganisation Act 2014 Transition Plan Operational Guidelines


Government of India has notified the Andhra Pradesh Reorganisation Act 2014 (Act 6 of 2014), upon receiving the President of India’s assent. In the reference, the Government of India has notified June 02, 2014, as the Appointed Day, in exercise of the powers conferred by clause (a) of Section 2 of the Andhra Pradesh Reorganisation Act, 2014 (6 of 2014).

In order to ensure effective reorganisation of the existing State of Andhra Pradesh and establishment of the States of Telangana and Andhra Pradesh on the Appointed Day in accordance with the provisions of the Act, the Government has taken a number of measures since the date of notification. These include inter alia, constitution of twenty-two committees for in-depth examination of all components of the Act, series of extensive consultations, incisive review meetings, and close monitoring by Hon’ble Governor, assisted by Advisors and Chief Secretary to the Government, and issuance of a series of notifications and Government Orders. The reports of the committees are available with the Centre for Good Governance (CGG) and all Secretaries/HODs are requested to peruse them carefully as guidance documents to identify critical issues and prepare immediate action plans for submission to the two Governments.

With a view to ensuring smooth transition from the combined State to the successor States of Telangana and Andhra Pradesh on the Appointed Day and facilitate equitable and fair allocation of assets, liabilities, personnel, etc. and allocation of office space between the two States in accordance with the provisions of the Act, the Government hereby issue instructions for being followed by the two State Governments as summarised in the Annexure to this Order. The Special Chief Secretaries / Principal Secretaries / Secretaries to the Government, Heads of Departments and Heads of Corporations/Institutions, are hereby instructed to operationalize these orders and the GOs/Instructions issued earlier (copies available with GA (SR) Department) with utmost effectiveness. They shall prepare status report on all aspects covered in this GO and other orders which are relevant in the context of state reorganisation. The status report will serve as a charge handing over note as well. This should clearly spell out what has been done and what needs to be done to make the transition smooth. Compliance report shall be submitted to the concerned Chief Secretaries.

ANNEXURE

ANDHRA PRADESH STATE REORGANISATION IMPLEMENTATION OF TRANSITION PLAN – GUIDELINES

The following guidelines are being issued to ensure seamless reorganisation of the existing State of Andhra Pradesh and establishment of the State Governments of Andhra Pradesh and Telangana on June 02, 2014. These guidelines will come into force immediately. This Transition Plan (TP) will be executed under the direct supervision and guidance of the Chief Secretary to the Government until the Appointed Day and thereafter under the joint supervision and guidance of the Chief Secretaries of Andhra Pradesh and Telangana States. Compliance reports shall be furnished to the respective Chief Secretaries and the State Reorganisation Cell with copy marked to Governor’s Office on a weekly basis.

The principal objectives of the Transition Plan are to:

i) ensure smooth reorganization of the existing State of Andhra Pradesh in accordance with the Andhra Pradesh Reorganisation Act provisions;

ii) establish functioning Secretariat and Head of Department offices/Corporations/ Societies/Training Institutions, etc. to serve the Governments of Telangana and Andhra Pradesh effective June 02, 2014; and

iii)  address issues likely to arise in both States, especially during the period of one to three months after the Appointed Day and undertake preparatory/remedial measures.

Transition Committee &Team

3. There shall be a Transition Committee at Secretariat/HoD/Company/Corporation /Training Institution level with composition specified below to address various aspects of transition from the combined State of Andhra Pradesh to the two successor States of Telangana and Andhra Pradesh and facilitate smooth transition with the division of personnel, files, assets, liabilities, etc., organisation of office space, record room, security, grievances redressal mechanism, etc. The Transition Committee will remain in place until completion of the transition process and the Chief Secretaries of the successor Governments are fully satisfied that the process of handing over and taking over is completed in all aspects and certified. Each Committee will be supported by a Nodal/Coordinating Officer of the department of the concerned State Government who will be the single point contact for employees in all transition-related matters, including redressal of grievances against allocation.

Transition Committee at Secretariat Level:

1)      Special Chief Secretary/Principal Secretary/Secretary to the present combined State of Andhra Pradesh handling the particular department or subject: Lead-Facilitator (even after the two states come into being)

2)      Special Chief Secretary/Principal Secretary/Secretary of the State of Telangana posted to deal with the particular department or subject – Member; and

3)      Special Chief Secretary/Principal Secretary/Secretary of the residuary State of Andhra Pradesh posted to deal with the particular department or subject – Member-Convenor.

Transition Committee at Head of Departments Level:

1)      Head of Department in the present combined State of Andhra Pradesh handling the particular department or subject: Lead-Facilitator (even after the two states come to being)

2)      Head of Department of the State of Telangana dealing with the particular department or subject – Member; and

3)      Head of Department of the residuary State of Andhra Pradesh dealing with the particular department or subject – Member-Convenor.

Transition Committee at Company/Corporation/Institution Level:

1)      MD/Executive Head of Corporation/Institution in the present combined State of Andhra Pradesh handling particular company/corporation/institution: Lead Facilitator (even after the two states come into being);

2)      MD/Joint MD of Corporation/Executive Head of Institution/Designated Officer of the State of Telangana dealing with the particular company/corporation/institution – Member; and

3)      MD/Joint MD/Executive Head of Institution/Designated Officer of the residuary State of Andhra Pradesh dealing with the particular company/corporation/institution – Member-Convenor.

The Special Chief Secretary/Principal Secretary/Secretary of the existing State of Andhra Pradesh shall be responsible for coordinating with other members of the Transition Committee at Secretariat level in all transition-related activities, including establishment of offices/desks, smooth transfer of files, assets, liabilities, personnel and residual activities to the successor States. Similarly, the current Head of the Department shall coordinate with the Transition Committee at the HOD level and shall be responsible for the establishment of two fully functional and operationally effective departments by June 02, 2014. In the case of Companies/Corporations/Societies, efforts will be made to establish two operational units or mechanisms to provide common services of same quality to the two States until demerger takes place.

The Secretary/HOD/Head of Institutional shall constitute a ‘Core Transition Team’ (CTT) comprising of the senior-most functionary of the department/institution (preferably) who is being ‘provisionally ordered to serve the State of Telangana’ and his / her counterpart in the successor State of Andhra Pradesh, who together shall be responsible for coordinating all transition-related matters. As regards Secretariat and HOD, pending issuance of provisional orders to serve the State of Telangana by Government of India, the two senior-most functionaries of the department whose local area is Telangana / Andhra Pradesh shall constitute the CTT along with the Secretary / HoD concerned in the Secretariat and HOD office respectively. The officer currently in charge of OP section in the Secretariat department and administration section in the HOD office shall assist the CTT. The CTT shall maintain two physical registers – and digital equivalents – one for Andhra Pradesh and another of Telangana, wherein details of all assets, liabilities, files, reports, records, etc., that are being handed over and taken over are maintained signed and certified by the current Secretary / HOD and their successor officers. The Secretary / HOD may assign specific responsibilities for the transition process to other senior functionaries of his / her department as considered appropriate.

Some of the principal transition-related tasks to be performed by the departments are summarised in the following paragraphs. These, however, are indicative and each Secretary/HOD/Nodal Officer is requested to innovate and improvise as required in order to realise the objectives outlined at para-2 above and in accordance with the provisions of the Andhra Pradesh Reorganisation Act 2014.

Organisation of Office Space

The Secretaries of the departments / HODs/ Institutional Heads shall take possession of the office space allocated to the respective departments of Andhra Pradesh and Telangana Governments and allocate work areas to the officers, staff, registry (inward-outward), record room, etc. The Transition Committees should assess the need for minor modifications to office space, if any required, and procurement of furniture, if any, may be undertaken in consultation with the Roads & Buildings and General Administration (SR) Departments subject to ratification by the successor Governments.

The Secretaries of the new States shall ensure that appropriate organograms are prepared for Secretariat and HOD offices, allocating work to officers (designations to be specified) and that groups of officers handling similar subjects are located in the same area. The Transition Committee shall ensure that various offices of the two States are organised by 9th June 2014 so that regular office works are not hampered and the public are not put into inconvenience.

 Management of Files

Detailed instructions for the management of files have already been issued, vide ref.. Al Current Files relating exclusively to Telangana / Andhra Pradesh State along with a copy / original file common to both States shall be transferred to the new office premises allocated to the department. The Secretary / HoD concerned will issue specific orders detailing the process for transfer of files and other assets duly assigning well-defined responsibilities to the head of sections / units. Similarly, the disposed files have to be relocated to the new record room and organised subject-wise and year-wise. The lists of files in the record room will be computerised and stored with plans approved by the concerned Secretary/HOD.

Each department will make two copies of all Government Orders, laws, rules and regulations, court rulings, etc.; stock file containing Government Orders, guidelines, instructions, etc.; Register containing the inventory of files (current and disposed) as entered in the central database; updated Personal Register (PR) of every section, and all other statutory and non-statutory registers, including the Attendance Register as of June 01, 2014, and hand over one copy each to the Secretary / HoD of the successor States. New Registers shall be opened for the two new States on June 02, 2014.

The original files of the common category, may be handed over to the State for which it is most appropriate in terms of scope/quantum of work, and the other State may be given a print out of the scanned file, as decided by Secretary or the Head of Department as the case may be. Similarly, the original disposals of the common category, may be handed over to the State for which it is most appropriate in terms of scope/quantum of work and soft copy of common disposals shall be given to the other State as decided by Secretary or the Head of Department as the case may be.

Management of Movable Assets

The furniture, air-conditioners, generators, phones, etc., fixed to the present offices would not be physically shifted from one location to another, unless inevitable. The computers, laptops, printers, vehicles, mobile phones, assigned to a specific officer would move along with the officer under proper acknowledgement and record. Other movable assets, such as unfixed furniture, general pool vehicles, computer hardware, and other paraphernalia, would be apportioned in the population ratio (AP 58.32; T 41.68). Hired vehicles whose contract is expiring on or before June 01, 2014 would be renewed only till 30th June, 2014 to avoid inconvenience to officers – with approval by the Secretary concerned and the decision would be left to the successor government for continuation of contract beyond that date. Hired vehicle with subsisting contract extending beyond June 02, 2014, would be distributed on population ratio, if it is part of the vehicle pool of the department, and would go with the officer if it is attached to a specific officer.

Updated logbooks with service record, AMC contract documents, etc., would be signed and certified by the OP / Administration Head before handover. A copy of all official documents saved on the hard disk of computers / laptops would be transferred to a central database and the same would be handed over to both States. The inventory of all movable assets shall be handed over to the successor Secretaries / HOD of both Governments.

Management of Legal Matters

The Secretary / HOD shall handover a compendium of all laws, rules and regulations, government orders and instructions that currently guide the conduct of business of the department to both Governments. Each department shall compile the list of notifications that might have to be issued under the statute by the successor Governments and place them before the successor government for consideration. The Secretary / HOD shall handover computerised details of all court cases pending in different legal forums involving officials of the department at all operational levels, indicating the action to be taken by the successor State. They shall ensure that files relating to contempt cases, if any, are handed over personally to the successor officers.

All Government Orders applicable to the present combined state may be applied to the two states unless they are rescinded/modified. The Secretaries concerned may initiate action for issue of new orders/modified orders with approval of the competent authority in due course.

Management of Contracts

16. The present department Secretary shall issue a general order detailing the contracts that would devolve to the successor states based on geographical location of the works and services. The Secretary concerned shall issue specific orders detailing apportionment of contracts that are common to both States in consultation with the Law and General Administration (SR) departments. All related documents and the detailed inventory should be handed over to the successor governments.

Personnel Management

17. The Government of India will issue provisional orders to certain All India Service Officers and State employees to serve the State of Telangana under section 76 & 77 (1)of the Andhra Pradesh Reorganisation Act 2014, in respect of regular employees. Separate work allocation orders shall be issued by the Government to tide over the transition period until final allocation is done. Such of those officers who have been ordered to serve the state of Telangana shall hand over charge to the Officers nominated by the new state of Andhra Pradesh and be responsible for matters and materials vested to him in the State of Telangana. The Secretary / HOD is requested to initiate measures to implement these orders effective June 02, 2014. The department shall ensure that a detailed list of officers on long leave of any nature, those under long-term training, deputation, other duty, foreign service, work order deployment, suspension, unauthorised absence, etc., is furnished to the successor officers of both Governments. The department will issue orders separately regarding those personnel employed on outsourcing and contract basis. The Secretary / HOD concerned shall ensure that all employees working under their control hand over work responsibilities, registers, etc., to the successor officers through a formal handover-takeover process duly affirmed and certified in a register to be maintained for this purpose.

18. Based on the exercise done by the existing department under the aegis of the Restructuring Committee and based on the recommendations of the Apex Committee in this regard, the Secretaries of Telangana and Andhra Pradesh Governments will make appropriate proposals to the respective Governments for a decision on the structure of the department at all operational levels in the light of reduced staff strength. Such a proposal could include proposals for amalgamation, right-positioning, right-sizing, and any other option that merit consideration in terms of efficiency, effectiveness and improved responsiveness, however, with due regard for service rules and staff management. To start with they may take the structure worked out and endorsed by the Governor-in-Council for the purpose of grouping Secretariat departments, HODS, Companies and Corporations. This is only to guide the respective Governments to arrive at an appropriate structure.

Management of Schemes, Programmes etc.

19. The Secretary of the department shall submit a detailed self-contained report detailing the present status and future contours of each of the schemes, programmes and projects under implementation, taking suggestions from the SR Committee concerned. A status report on the funds received from GOI and the State Government in this financial year, funds released to the executing agencies, funds utilised as of May 31, 2014, Utilisation Certificates sent to the concerned authority, and the financial commitment (including liabilities) during the remaining ten months of the financial year or any other matter which is relevant in the context of reorganization have to be submitted to both successor Governments. Secretaries of Departments are also requested to pay due attention to schemes which have financial implications for both states such as scholarships, residential schools, flagship programs. etc. in the interest of ensuring uninterrupted continuity. A stock file of key policies, Government of India Guidelines, State Government Orders, instructions, guidelines, etc., that are essential for effective implementation of ongoing schemes, programmes and projects shall be handed over to the successors of both Governments.

VIII.  Management of Corporations/Societies/ Institutions etc.

As regards management structures of companies and corporations working under the control/supervision of departments till they are divided, there shall be two operational divisions, each headed by the an officer posted from the respective States, functioning as Joint MDs. An Expert Committee, comprising of one member from Telangana, one from Andhra Pradesh and one eminent person mutually acceptable to both States with expertise in public enterprise management and financial management will review and recommend the draft demerger plans. The secretariat for the Expert Committee will be located in the Office of Principal Secretary/Secretary, Industry & Commerce Department of the State of Andhra Pradesh.

As regards research/training institutions, mechanisms shall be evolved to ensure that they are managed professionally and they provide the same level of services to both the states. It is suggested that if the Director General/Director of an institution is posted by one state, the other state may depute the second in command. In respect of national institutions like CGG, NIUM, EPTRI which are self-financing and which do not depend on Government for salaries and which depend on consultancy support on their own strength, are autonomous and expected to provide common services to the two states as well as nationally, there may be an appropriate Governing Council constituted by the competent authority and a structure to facilitate professional management. Till the new structures are put in place, the existing arrangements based on government orders/memos issued earlier will continue.

VIII.  Coordination and Management

22. The Transition Committee and Core Transition Team will implement all the above activities and such other activities that might be essential to ensure smooth transition. The Nodal Officer/Coordinator of the Transition Team in each State Government will ensure that all transition-related matters relating to his / her department are successfully handled and handed over to the successor officers of both States. They will ensure that the affairs of the successor governments are carried on with utmost effectiveness from June 02, 2014 and provide sustained support until the successor officers assume complete responsibilities. The Secretary concerned will submit a detailed report summarising the key activities that would require immediate attention of the successor governments, with specific focus on the matters to be placed before the new Council of Ministers in their first meeting. The progress of SR-related matter should be presented before the Cabinet along with pending matters that require approval from the Cabinet.

Apex Coordination Committee

23. The State Government established an Apex Committee to provide strategic and operational guidance and support to the state reorganisation process until the Appointed Day. However, several issues relating to the state reorganisation would linger for a long while after the Appointed Day and several other matters would require close collaboration and coordination between the two States. Therefore, an Apex Coordination Committee (ACC) on State Reorganisation matters is hereby established with the following members:

Chief Secretaries of Andhra Pradesh and Telangana -Co-Chairpersons

Planning Secretary/State Development Commissioners of Andhra Pradesh and Telangana

Home Secretaries of Andhra Pradesh and Telangana

Finance Secretaries of Andhra Pradesh and Telangana

Irrigation Secretaries of Andhra Pradesh and Telangana

Energy Secretaries of Andhra Pradesh and Telangana

 

Higher Education Secretaries of Andhra Pradesh and Telangana Secretaries of Industry and Public Enterprises of both States Secretaries of Finance (Revenue – Taxation) of both States

Secretary of the Department of Andhra Pradesh dealing with State Reorganisation/specially nominated by Chief Secretary to Government of Andhra Pradesh shall be the Member-Secretary of the Committee.

24. The Apex Coordination Committee will meet every week on a designated day/periodically to review all issues relating to state reorganisation, with specific reference to allocation of staff, assets and liabilities, files, etc. Its main responsibility will be to ensure close coordination and collaboration between the two States on all matters relating to governance and resolution of contentious issues, if any, amicably.

State Reorganisation Cell/Committee (SRC)

25. On the advice of Government of India, a State Reorganisation Cell (SRC) was established to provide effective support to the Advisory Committee for allocation of state cadre employees. Since the principal responsibility for final allocation of state cadre employees will devolve to the residual State of Andhra Pradesh with the Committee chaired by Sri C.R. Kamalanathan being housed in the Andhra Pradesh Government, the State Reorganisation Cell may have the Chief Secretaries of the two State Government, replacing the Chief Secretary of the combined State of Andhra Pradesh. The new Government of Andhra Pradesh will nominate the Member-Secretary of the Cell/Committee – Secretary dealing with State Reorganisation or a specially designated Secretary. Similarly the State of Telangana shall nominate a Department and Secretary for State Reorganization which shall coordinate with the AP State reorganization Committee and the State Advisory Committee. The SR Departments in the two states will need to have competent and responsible supporting staff to ensure that reorganisation works are coordinated and carried out with utmost efficiency and in a time-bound manner. The Chief Secretaries concerned may issue orders in matter accordingly.

Grievances Redressal

26. All the grievances from employees issued with provisional ‘order to serve’ by Government of India and other aspects of state reorganisation will be received by the Principal Secretary/Secretary in charge of the concerned department who will refer the same to State Reorganisation Cell in the residuary state of Andhra Pradesh. Thereafter, they will be referred to the Apex Coordination Committee s for redressal – through the Secretary in charge of State Reorganisation. The Apex Coordination Committee shall liase with the State Reorganisation Departments of both states. The state of Telanagna may also constitute a state reorganisation unit which will examine / analyse the issues that need to be put up to the Apex Coordination Committee for consideration.

Technical Support Group & Dispute Resolution

The Centre for Good Governance (CGG) will provide technical and analytical support in matters relating to state reorganisatiion, especially departmental restructuring, human resource management, financial management, and governance reforms and for any unresolved inter-State matter requiring in-depth research and examination. Matters that remain unresolved at the level of two states will be referred to the Disputes Resolution Committee established by the Ministry of Home Affairs, Government of India.

In case of disputes that may arise from time to time, the same may be referred to the Transition Committee at the first instance and then to the Apex Coordination Committee through the SRC, if not resolved at department/institution level. It disputes are still not resolved, the matter will be referred to Government of India/Dispute Resolution Committee which will be assisted by the Technical Support Group at the Centre for Good Governance and Centre-State Division in the Home Ministry.

Follow-up Action

All Secretaries/HODS and Heads of Corporations, Societies, Institutions, Autonomous Bodies,Training Centres, etc., that are being apportioned between the two States on the Appointed Day are requested to adopt the above guidelines for the purpose of reorganising the departments/institutions under their control. They are requested to liaise with the present Secretaries of the concerned departments, Chairmen of the 22 Committees and Special Chief Secretary, General Administration (SR) Department in whatever capacity they are after 2nd June to ensure seamless reorganisation or effective continuation, as the case may be, in accordance with the provisions of the State Reorganisation Act and the decisions of the Government.

All Secretaries to Government are requested to closely monitor the implementation of the activities and submit performance report to the Chief Secretary every day by 5 PM with a copy to the General Administration (SR) Department until June 02, 2014 and to the successor Chief Secretaries thereafter.

G.O. Ms No. 194  Dated 29-05-2014

The Andhra Pradesh Reorganisation Act 2014, No 6 of 2014

The Gazette of India No 560 dated March 04, 2014

G.O.Ms.No. 80, General Administration (SR) Department, Dated 15-03-2014

G.O.Ms.123, General Administration (SR) Department, Dated 02.05.2014

Circular Memo. No. 9469/SR/A1/2014, General Administration (SR) Department dated 07-04-2014

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