AP White Paper On Bifurcation Issues
AP White Paper On Bifurcation Issues
AP White Paper On Bifurcation Issues
1. The Andhra Pradesh Reorganisation Act, 2014 (Act 6 of 2014) was notified on
the first of March, 2014. 2nd June 2014 was notified as the Appointed Day, the day
on which the State of Andhra Pradesh was bifurcated into the State of Telangana
and the State of Andhra Pradesh.
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Pradesh. Andhra Pradesh was slated to be created without a Capital, facing a
severe resource crunch and people losing faith in sense of justice and fair play.
Undivided loan liability of more than Rs.33,478Cr. has been put in the
books of accounts of Andhra Pradesh, burdening the State with discharge
of liability along with interest, pending division. This has adversely impacted
FRBM limits of Andhra Pradesh as well.
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6. Status of Implementation of Provisions of the Andhra Pradesh
Reorganisation Act 2014
a) Main Sections of the Andhra Pradesh Reorganisation Act, 2014
There are 14 assurances in the main sections of the Andhra Pradesh
Reorganisation Act, 2014.
i) Fully implemented – 0
ii) Partly implemented –5 (Special Development Package for 7 districts;
Polavaram; Educational Institutions and Infrastructure Projects; Tax
incentives, Support for Capital)
iii) Not implemented –9 (Greyhounds; APLA seats; Division of properties of
A.P. Bhavan; Apportionment of Tax arrears, loans and refunds;
Government of India reference under Sec. 66; Apportionment of
Schedule IX Government Companies and Corporations; Bifurcation of
Schedule X Institutions; Bifurcation of Schedule X Institutions; River
Management Boards)
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process the Government of India has now informed that till the year 2026 this
increase cannot be done.
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Polavaram is the life line of AP People and as of now, 62.53 percent of the work
has been completed and strenuous efforts are being made to complete the
project by 2019. Total expenditure incurred on Polavaram project under National
Project upto 15th December 2018 is Rs.10,069.66 Crores. Out of this, an amount
of Rs.6727.26 Cr has been released to Govt. of Andhra Pradesh by Government
of India. The balance amount of Rs.3,342.40 Cr. is still to be reimbursed by the
Government of India. No funds are released for the last four months by
Government of India towards reimbursement of funds already spent by the State
Government resulting in strained State finances. As per the orders issued by the
Ministry of Finance, Government of India Vide F.No.1(2)/PF-1/2014(pt),
Dt.30.09.2016, revised cost of the Project at the price level as on 01.04.2014 has
been submitted to Central Water Commission (CWC) on 16.08.2017.
Government of India in reply to Rajya Sabha Question No.788 has answered on
17.12.2018 that “As informed by the Central Water Commission, State
Government had submitted the second revised Estimate of Polavaram Irrigation
Project (PIP) amounting to Rs.57940.86 crore at 2013-14 PL. Land Acquisition,
Rehabilitation and Resettlement (LA, R&R) are part of irrigation component of
the Project. Provision for LA, R&R in revised estimate of the project is based on
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation
and Resettlement Act, 2013. Actual rise in cost on account of LA and R&R over
previously approved cost depends upon finalisation of revised cost estimates of
the project.” Government of India has been requested to approve revised cost
estimates for Rs.57,940.86 crores expeditiously and ensure seamless
reimbursement of money spent by the State Government to avoid interest
burden.
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under section 32(1)(iia) and section 32AD of the Income-tax Act, in respect of
any manufacturing undertaking set up during the period from 01.04.2015 to
31.03.2020. However, these incentives come under Section 94 (2) of the
Andhra Pradesh Reorganisation Act, 2014. These benefits given under Income
tax Act have been extended for development of backward areas across various
States like Telangana (9 Districts) West Bengal (11 Districts) and Bihar (17
Districts), that too before giving the benefit to 7 backward districts of Andhra
Pradesh. Moreover, it is common knowledge that these incentives do not attract
industrial investments and the orders issued by Government of India are mere
eyewash.
Central Support for creation of new Capital City [Section 6 and 94(3) & (4)]
Under a unique ‘Land Pooling Scheme’ devised by Government of Andhra
Pradesh, farmers handed over 33,000 Acres of land valued at more than
Rs.50,000 Cr. for the construction of greenfield capital Amaravati. Provisional
estimates indicate that it would require about Rs.1,09,023 Cr. to construct
Greenfield Amaravati City including the Raj Bhavan, Secretariat, High Court,
Legislative Assembly and Council along with trunk infrastructure and land
development. Detailed Project Report for the Amaravati Government Complex
and Infrastructure including the Legislative Assembly, High Court, Raj Bhavan,
residential quarters for Ministers, Secretariat, Government housing for
employees and other infrastructure for a total of Rs.39,937 Cr. was submitted to
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Government of India, for release of funds under Section 94(3) of Andhra
Pradesh Reorganisation Act, 2014. Currently, 56 projects costing Rs.48,115
crores are taken up in the Capital City region and 32 projects costing Rs.26,600
crores are under execution, 6 projects costing Rs.10,167 crores are at tendering
stage and 18 projects costing Rs.11,352 crores are at pre-tender stage.
Government of India has released Rs.1,500 Cr. during the years 2014-17 and no
funds were released in 2017-18. Even the assured amount of Rs.1000 crores
more is not released so far. State Govt. submitted utilisation certificates for
Rs.1632.48 Cr. Government of India was requested to provide adequate funds
for the development of Capital city of Amaravati as there is a statutory duty cast
on it under section 94(3) of the Andhra Pradesh Reorganisation Act, 2014.
The Director (State AP), NITI Aayog vide File No.M-13040/64/ 2017-S-S,
dt.14.06.2018 has
stated that Director (State-AP), NITI Aayog visited Andhra Pradesh State on
5th and 6th June, 2018 and visited work sites for spot assessment of works;
that it is observed that the works are in brisk progress on each site and
thousands of workers, engineers from executing agency as well as the
engineers from State Govt. are working in the whole Capital Region; that he
was informed that approximately 25 executing agencies are working
simultaneously at present in the whole New Capital region of Amaravati; that it
was observed by him from the records of the State Government that the
APCRDA has paid the Bills amounting to Rs.1632.48 Cr. to the Executing
Agencies.
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5 Institutions (IIT, NIT, IIM, IISER and IIITDM) are functioning from
temporary campuses since 2015-16.
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Five (5) projects are not implemented, namely establishment of
Dugarajapatnam Port, Establishment of Integrated Steel Plant,
establishing Greenfield crude oil refinery and petrochemical complex,
establishing a new railway Zone, Metro rail facility in Visakhapatnam and
Vijayawada-Guntur-Tenali.
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shared the information w.r.t. data for preparation of feasibility report by MECON.
Hon’ble Chief Minister, AP addressed a letter to Hon’ble Prime Minister on
06.11.2018 suggesting 3 options for establishing Integrated Steel Plant at
Kadapa and response from Government of India is awaited. However, State
Government itself has decided to establish the Steel Plant at its end.
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Secretary has directed that the matter of viability gap funding be taken up at an
appropriate level in M/o Finance. This is still pending.
Therefore the Government of India is requested to fund the viability gap as the
project was promised by Government of India to the residuary State of Andhra
Pradesh (Sch.XIII)
Various Airlines are being persuaded by the State Government for starting
International flights from Vijayawada and Tirupati. International flights from
Vijayawada to Singapore under VGF model from Government of Andhra
Pradesh commenced from 4th December, 2018. The flights will be operated twice
a week by Indiigo Airlines. International flights have not commenced from
Tirupati Airport.
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Ministry of Civil Aviation, Government of India has been requested to accord
status of ‘Port of Call’ to Vijayawada and Tirupati airports by including them in
existing bi-lateral agreements
Railway Board constituted a committee to examine the issue and the committee
has submitted its report. The matter is pending with Ministry of Railways. This is
a long pending decades old demand and hence, there is an immediate need to
fulfil this assurance.
Establishment of Rapid Road & Rail Connectivity from New Capital Rail
Connectivity
State Government has requested Government of India in 2014 to initiate action
for establishing rapid rail connectivity from new capital to Hyderabad and other
important cities of Telangana. Government of India have constituted a committee
comprising Senior Administrative Grade (SAG) Officers to examine the issues
contained in the Andhra Pradesh Reorganisation Act, 2014. The Detailed Project
Report prepared is pending with Ministry of Railways. A revised Detailed Project
Report was submitted by SC Railway on 09.07.2018.
Road Connectivity
Government of Andhra Pradesh has requested Government of India on
25.08.2014 to initiate action for establishing rapid road connectivity from new
capital to Hyderabad and other important cities of Telangana. Government of
Andhra Pradesh has proposed five projects and two of the five projects are at
Detailed Project Report stage.
1) Hyderabad-Suryapeta-Kodada-Nandigama-Vijaywada / Amaravati (NH-65) –
275 Km
2) Hyderabad-Nagarjunasagar -Macharla (Covered by NH-565)-Rentachintala-
Dachepalli-Piduguralla-Sattenapalli-Perecharla-Guntur-Amaravati– 290 Km
3) Amaravati/Vijayawada–Ibrahimpatnam–Tiruvuuru- Bhadrachalam- Jagdalpur
(NH-30)- 171 Km uptoBhadrachalam
4) Anantapuramu -Amaravati Express way (Greenfield Expressway).
5) Amarvati Outer Ring Road– 180 Km
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The Hon’ble Supreme Court on 18.03.2016 in Civil Appeal Nos.3019-
3021 of 2016 arising out of SLP (C) Nos.14705-14706 of 2015 has
ordered that all assets and liabilities of Schedule X institutions are
divisible on population basis.
Since the above order is not in accordance with the judgment of Hon’ble
Supreme Court of India in Civil Appeal Nos.3019-3021 of 2016 arising
out of SLP (C) Nos.14705-14706 of 2015 dated 18.03.2016.
Government of Andhra Pradesh has addressed Government of India to
withdraw its order and pass fresh order in tune with the orders of
Supreme Court and the matter is pending with Government of India.
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The headquarters of the Krishna River Management Board which is
presently in Telangana State has to be shifted to Andhra Pradesh, in
tune with the provisions of the A.P. Reorganisation Act.
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Indiawith a request to either amend the Act or compensate Government of Andhra
Pradesh.
Union Cabinet passed resolution for SCS in Mar’14 and forwarded to Planning
Commission.
After lot of pressure from State Government for according Special Category
Status to Andhra Pradesh, Government of India on 08.09.2016 has announced
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Special Assistance Measure to Andhra Pradesh. The press note issued by the
Ministry of Finance, GoI on 08.09.2016 states that “following the
th
recommendations of the 14 Finance Commission, the class of special
category states ceases to exist. However, the Central Government has agreed
to give a special assistance measure for Government of Andhra Pradesh for
five years, which would make up for the additional Central share the State
might have received during these years, i.e. 2015- 16 to 2019-20, as envisaged
in the then Prime Minister’s statement dated 20.2.2014.”
Sri Arun Jaitley, Union Finance Minister also stated in the press conference
on 08.09.2016 that “As far as the Andhra Pradesh Reorganisation Act is
concerned, the government has decided that every commitment made in the
Act will be fulfilled since the state, as a result of bifurcation, has lost revenue
potential and also in terms of industrialisation. The NDA Government, will
attempt to deliver on promise made by then Prime Minister Manmohan Singh.”
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SCS would be made available with SAM. It was informed to the State Govt. that
after introduction of GST, the Assistance & Incentives offered to SCS States
would lapse. Government of Andhra Pradesh expected that SAM would be
implemented in letter and spirit by Government of India on par with other Special
Category States (N.E. and Hill States).
Hon’ble Chief Minister has requested on 28.02.2018 the Minister for Commerce
& Industry, Government of India that Andhra Pradesh may also be extended
financial incentives necessary for industrialisation, as well as the compensatory
mechanism towards refund of SGST and IGST in line with the special
consideration provided to the erstwhile special category states, to promote
industrialisation and economic growth in the State of Andhra Pradesh.
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Central Interest Incentive (CII)
Central Comprehensive Insurance Incentive (CCII)
Goods and Services Tax (GST) Reimbursement
Income-Tax (IT) Reimbursement
Transport Incentive (TI)
Employment Incentive (EI)
Sri Y.V. Reddy, Chairman of the 14th Finance Commission has stated on
08.01.2017 that the Finance Commission has no role to play in recommending
Special Category Status to any State.
In the above backdrop and as benefits under Special Category Status were
extended to existing 11 Special Category States, Government of India is duty
bound to extend Special Category Status to Andhra Pradesh for a period of 10
years.
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Government of India has to be compensated in the regular union budget for the
year 2014-15.
The Comptroller and Auditor General of India (CAG) has furnished the audited
finance accounts for 2014-15 financial year, indicating a revenue deficit of Rs.
13,775.76 Cr.. This is after excluding the grant of Rs.2,303 Cr. received from
Government of India for 2014.15. Therefore, the total revenue deficit comes to
Rs. 16,078.76 Cr.
Towards resource gap, Government of India released so far Rs. 3,979.50 Cr.
(Rs. 2,303 Cr. in 2014-15, Rs. 500 Cr. in 2015-16 and Rs. 1,176.50 Cr. in 2016-
17).
The Hon’ble Union Finance Minister on 04.05.2017 intimated the Hon’ble Chief
Minister that Rs. 138.39 Cr. more will be released to the Andhra Pradesh which
was arrived after disallowing certain expenditure incurred by the State treating
them as new schemes. It is also intimated that PRC arrears will not be
considered.
On 06.03.2018 the Union Finance Minister has stated that the revenue deficit
would be arrived on the basis on the deficit indicated by 14th Finance
Commission for the year 2015-16 and the said deficit would be proportionately
allowed for the year 2014-15.
The above contention of the Government of India that Resource Gap for 2014-15
is being met on the basis of standardized expenditure for that year is against the
provision of Section 46 (2) and also the assurance of the Prime Minister on the floor of
Rajya Sabha on 20.02.2014.
Number of committees were constituted for resolving the issues under A.P.
Reorganisation Act.
i) Sheela Bhide Committee to recommend the bifurcation of assets and
employees of Schedule-IX institutions.
ii) Kamalanathan Committee to divide the allocable State level
employees.
iii) A ministerial committee of Sri Yanamala Ramakrishnudu, Sri K.
Atchannaidu and Sri Kalva Srinivasulu has been constituted to hold
discussions with Telangana counterpart before the Hon’ble Governor.
iv) A committee with Sri C. Kutumba Rao, VC, APSPB, Sri S.
Balasubramanyam, IAS (Retd.), Consultant, AFRC and Sri L.
Premachandra Reddy, IAS (Retd.), E.O. Prl. Secretary (SR) to Govt.,
GAD has been constituted to closely monitor the bifurcation issues at
regular intervals.
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v) The Chief Secretaries of Andhra Pradesh and Telangana States have
been meeting regularly to sort-out the issues.
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The assets and liabilities of IX Schedule institutions and Schedule-X
institutions amounting to Rs1,97,000 crore are not divided between A.P. and
Telangana States and the request for division of these institutions was
referred to Government of India under Section 66 and the same is pending.
The State Government has patiently waited and relentlessly pursued with
Government of India for fulfilment of various assurances covered under A.P.
Reorganisation Act,2014 and the Prime Minister’s assurances. The Chief
Minister, Ministers concerned, MPs and officials have pursued with Prime
Minister, Union Ministers and officials.
Government of India did not make any reference to Andhra Pradesh much
less to Amaravati or allocation of funds to it, in 2018-19 budget, which is last
full budget for the current Lok Sabha.
Indefinite fast was undertaken for 11 days in June 2018, by Sri C.M.
Ramesh, Member of Parliament and Sri Ravi, MLC demanding establishment
of Integrated Steel Plant at Kadapa District.
Telugu Desam Party MPs agitated in both houses of Parliament and the
entire budget session was a washout because of the adamant attitude of
Government of India. Representatives of Telugu Desam Party in the Central
Council of Ministers resigned their posts. Telugu Desam Party withdrew its
support to the NDA Government and moved no-confidence motion in Lok
Sabha on 20.07.2018 against the NDA Government.
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During the discussion on No-confidence motion in Lok Sabha and during
short discussion in Rajya Sabha, the MPs of Telugu Desam Party had
exposed to the country at large, the wilful and intentional neglect of Andhra
Pradesh and its 5 crore people by the NDA Government.
In a democracy power rests with the people at large and the State
Government has decided to take wilful injustice done to Andhra Pradesh by
NDA Government to the notice of 5 crore population. Print & electronic
media are conveying the anguish of the people. Public opinion is being
mobilised to build pressure on Central Government by organising Dharma
Porata Deeksha in various districts, rallies and other modes of peaceful
protests are resorted to.
The Hon’ble Supreme Court of India, yet another Constitutional Authority, had clearly
ordered that all assets and liabilities of Schedule-X institutions are divisible on
population ratio in APSCHE case. But the Union Home Ministry has passed a
different order allocating assets on location basis. This shows utter disrespect to the
Supreme Court by Modi Government.
Another Constitutional Authority namely Comptroller and Auditor General has clearly
certified the revenue deficit at Rs.16078.76 crore for the year 2014-15. This was not
acted upon and the bureaucrats at the Finance Ministry in New Delhi arbitrarily cut
the deficit without proper authority.
BJP in its Seemandhra Manifesto 2014 has promised to extend Special Status to 10
years instead of 5 years promised by UPA Govt. Now it says that Special Category
Status cannot be given.
In the BJP manifesto for the State both assurances i.e. reimbursement of revenue
deficit and sanction of backward areas development package on KBK and
Bundelkhand models were included. In fact, the then Prime Minister on the Floor of
Rajya Sabha announced the assistance to the backward regions of the States on the
lines of KBK and Bundelkhand packages. When under Bundelkhand package, the
per head cost of release was Rs.4,115/- whereas in respect of A.P., it is hardly
Rs.428/. This shows the discriminatory attitude of NDA Government towards A.P.
Hon’ble Prime Minister Shri Narendra Modi during election campaign at the feet of
Lord Venkateswara at Tirupati and also in the meeting held at Nellore promised
special category status for 10 years. This has not been implemented.
When the State Government took up the issue of special category status, the Union
Finance Minister Shri Arun Jaitley said that in view of the recommendations of 14th
Finance Commission, it is not possible to give special category status to any of the
State and announced special assistance measure. However, in recent budget of
Union Government, the benefits under special category status have been extended
to North-Eastern States, thereby violating its own statement.
While computing resource gap for the year 201415, according to the pension rates
fixed by the Government of India, the pension amount for 10 months would be Rs.
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946.90 crore. However, Government of India calculated this entitlement at Rs. 93.34
crore only.
For backward areas development, the NDA Government released Rs. 350 crore on
09.02.2018 but immediately within a week i.e. on 15.02.2018 the funds were
unilaterally taken back.
It is alleged number of times that utilization certificates were not submitted for the
funds released so far under various heads under A.P. Reorganisation Act. When
these statements are proved to be wrong, it is again alleged that these are self-
certifications. In fact, utilization certificates were endorsed by the NITI Aayog and
hence these allegations are nothing but false.
Utter disregard is shown to the provisions of A.P. Reorganisation Act and Modi
Government which is statutorily bound to sort-out the issues/disputes arising out of
A.P. Reorganisation Act between Andhra Pradesh and Telangana States has not
sorted-out one issue or settled one dispute. The division of A.P. Bhavan is a classic
example in this regard.
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The assets and liabilities of IX Schedule institutions and Schedule-X institutions
amounting to Rs1,97,280 crore are not divided between A.P. and Telangana States
due to negligence of Central Government.
For Amaravati city an amount of Rs.1,500 Cr. was released and no further amounts
are sanctioned. For installation of Sardar Patel Statue and Shivaji Statue substantial
amounts have been spent. For Mega ArdhKumbh to be held in January, 2019 in
Uttar Pradesh, Government of India recently has sanctioned Rs.1,200 Cr. Dholera is
being developed as 2 times the size of Delhi and Six times that of Shanghai and
initial funding of Rs. 3,000 crore given by Government of India. Mumbai–Ahmedabad
high-speed rail corridor is being executed at a cost of Rs.1.10 lakh crore. A huge
amount of nearly Rs. 27,000 crore is allocated by Government of India, for a
Convention Centre at Dwaraka.
The NDA Government and its representatives often say that huge funds have been
allotted to Andhra Pradesh under A.P. Reorganisation Act. But no funds are extra
allocated to Andhra Pradesh other than those released based on Finance
Commission recommendations and under various Government of India schemes.
14. Government of India which is obligated to release the following funds to Andhra
Pradesh as per various provisions of the Andhra Pradesh Reorganisation Act, 2014
and assurances made by the then Hon’ble Prime Minister on the floor of RajyaSabha
on 20.02.2014 has done a great injustice by not releasing these amounts to the
State.
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S.No. Section Item Amount
(Rs. in crores)
1 2 3 4
1 PM’s assurance Resource Gap (16078.76 – 3979.50) 12099.26
2 94 (3) (4) Financial Support for new Capital (39937 –1500) 38437.00
– Phase I
3 46 (2) (3) and Special Development Package (24350 – 1050) 23300.00
PM’s assurance
4 PM’s assurance Special Category Status (difference in share of 16447.00
CSS @ 90% instead of 60% for 5 years)
Total 90283.26
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Ranks 1st in 14 Schemes [MGNREGA, National Rural Livelihood
Mission-DDUGKY, PMAY-U, National Urban Livelihood Mission,
AMRUT, Pradhan Mantri Krishi Sinchayi Yojana – Per Drop More Crop,
Rashtriya Krishi Vikas Yojana, National Project on Soil Health and
Fertility, National Mission on Oil Seed and Oil Palm, Assistance to
Voluntary Organisations for Programmes relating to Aged, Pradhan
Mantri Matru Vandana Yojana, Development of PVTGs, PRASAD and
National Health Mission]
Way Forward
16. The State Government is taking the following measures for implementation of
Andhra Pradesh Reorganisation Act, 2014 and the assurances of the then Hon’ble
Prime Minister made on the floor of the Rajya Sabha on 20.02.2014:
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Continue to put pressure on Government of India till all provisions of the
Andhra Pradesh Reorganisation Act, 2014 and the assurances of the
Hon’ble Prime Minister are achieved.
17. The Government believes that, in a democracy, people are the ultimate
decision makers. The Government invites constructive suggestions and valuable
advice from all sections of the society as well as political parties in ensuring that all
the commitments made to Andhra Pradesh in the Andhra Pradesh Reorganisation
Act, 2014 and the assurances made by then Hon’ble Prime Minister on the floor of
Rajya Sabha on 20.02.2014 are implemented, in a specified time frame. These
inputs would help the Government strategise its way forward.
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