Telangana act 019 of 2008 : The Commission for Development of Backward Areas of Telangana Act, 2008.

THE COMMISSION FOR DEVELOPMENT OF BACKWARD AREAS

OF TELANGANA ACT, 2008.

(ACT NO.19 OF 2008.)

ARRANGEMENT OF SECTIONS

Sections

CHAPTER - I

PRELIMINARY

1. Short title and extent.

2. Definitions. CHAPTER - II

COMMISSION FOR DEVELOPMENT OF BACKWARD

AREAS OF TELANGANA

3. Constitution of Commission for Development of Backward Areas of Telangana.

4. Term of office and conditions of service of Chairperson and Members.

5. Officers and other employees of the Commission.

6. Salaries and Allowances to be paid out of grants.

7. Vacancies etc., not to invalidate proceedings of the Commission.

8. Procedure to be regulated by the Commission. CHAPTER - III

FUNCTIONS AND POWERS OF THE COMMISSION

9. Functions of the Commission.

10. Powers of the Commission.

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2 [Act No. 19 of 2008] CHAPTER - IV

FINANCE, ACCOUNTS AND AUDIT

11. Grants by the Government.

12. Accounts and Audit.

13. Annual Report.

14. Annual Report and Audit Report to be laid before the Legislature of the State.

CHAPTER - V

MISCELLANEOUS

15. Chairperson, Members and employees of the Commission to be public servants.

16. Power to remove difficulties.

17. Power to make rules.

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THE COMMISSION FOR DEVELOPMENT OF BACKWARD

AREAS OF TELANGANA ACT, 2008.¹

Act No.19 OF 2008.

CHAPTER - I

PRELIMINARY

1. (1) This Act may be called²the Commission for Development of Backward Areas of Telangana Act, 2008.

(2) It extends to the whole of the State of²Telangana.

2 . In this Act unless the context otherwise requires,-

(a) "Backward areas" for the purpose of this Act means such backward areas of²Telangana as may be identified by the Commission;

(b) "Commission" means Commission for Development of Backward Areas of²Telangana constituted under section 3;

(c) "District" means a District as construed in the

3 Telangana Districts (Formation) Act, 1974;

(d) "Government" means the State Government of

2 Telangana;

1. The Commission for Development of Backward Areas of Andhra Pradesh Act, 2008 received the assent of the Governor on 26.04.2008. The said Act in force in the combined State, as on 02.06.2014, has been adapted to the State of Telangana, under section 101 of the Andhra Pradesh Reorganisation Act, 2014 (Central Act 6 of 2014) vide. the Telangana Adaptation of Laws Order, 2016, issued in G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.

2 . Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2 016.

3. Adapted by G.O.Ms.No.225, Revenue (DA-CMRF) Department, dated

03.12.2015.

Short title and extent.

Definitions.

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2 [Act No. 19 of 2008]

(e) "Member" means a Member of the Commission and includes the Chairperson;

(f) "notification" means a 'notification' published in the

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[Act No. 19 of 2008] 3 Provided that the Government may by notification, and for reasons specified therein extend the term of office of the Member for a period not exceeding six months at a time.

(2) A Member may by writing under his hand addressed to the Government resign from the office of Chairperson or as the case may be a Member at any time.

(3) The Government may remove a person from the office of Member if that person,-

(a) becomes an undischarged insolvent;

(b) is convicted and sentenced to imprisonment for an offence which in the opinion of the Government involves moral turpitude;

(c) becomes unsound mind and stands so declared by competent Court;

(d) becomes incapable of acting;

(e) has in the opinion of the Government, so abused the position of Chairperson or Member as to render that person's continuance in the office detrimental to the public interest:

Provided that no person shall be removed under this clause until that person has been given an opportunity of being heard in the matter.

(4) A vacancy caused under sub-section (2) or otherwise shall be filled in by fresh nomination.

(5) The salaries and allowances payable to and the other terms and conditions of service of the Chairperson and Members shall be such as may be prescribed.

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5. (1) The Government may provide the Commission with such officers and employees as may be necessary for the efficient performance of the functions of the Commission.

(2) Necessary assistance for collection of data shall be provided by all the Departments of the Government.

(3) The salaries and allowances payable to and the other terms and conditions of service of the officers and other employees appointed for the purpose of the Commission shall be such as may be prescribed.

6. The salaries and allowances payable to the Chairperson and Members and the administrative expenses, including salaries, allowances and pensions payable to the officers and other employees referred to in sub-section (1) of section 5 shall be paid out of the grants referred to in sub- section (1) of section 11.

7. No act or proceeding of the Commission shall be invalid on the ground merely of the existence of any vacancy or defect in the constitution of the Commission.

8. (1) The Commission shall meet as and when necessary at such time and place as the Chairperson may deem fit.

(2) The Commission shall regulate its own procedure.

(3) All orders and decisions of the Commission shall be authenticated by the Member Secretary or any other officer of the Commission duly authorised by the Member Secretary in this behalf.

Officers and other

employees of the

Commission.

Vacancies etc.,

not to invalidate

proceedings of

the Commission.

Procedure to be

regulated by the

Commission.

Salaries and

Allowances to be

paid out of grants.

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[Act No. 19 of 2008] 5 CHAPTER - III

FUNCTIONS AND POWERS OF THE COMMISSION

9. (1) The Commission shall study and analyse so as to assess the socio-economic disparities amongst Districts in the State.

(2) The Commission shall make recommendations to correct the disparities and steps to be taken for equitable development of all the areas in the State.

(3) The Commission is empowered to recommend the budgetary allocations to be earmarked to redress the challenge of Equitable Development and for achieving balanced development of the entire State.

(4) The Commission shall submit their report and recommendations to the Government every year before the end of October. It would help to take a decision for providing necessary budgetary provisions during the ensuing financial year for undertaking various developmental schemes.

10. (1) The Commission shall have the same powers as are vested in the Civil Courts under the Code of Civil Procedure, 1908 in respect of the following matters, namely:-

(a) enforcing the attendance of any person and examining him;

(b) compelling the production of documents;

(c) issuing of commissions for the examination of persons.

Functions of the

Commission.

Powers of the

Commission.

Central Act No.5 of

1908.

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6 [Act No. 19 of 2008] CHAPTER - IV

FINANCE, ACCOUNTS AND AUDIT

11. (1)The Government shall after due appropriation made by the Legislature of the State by law in this behalf pay to the Commission by way of grants such sums of money as the Government may think fit for being utilised for the purpose of this Act.

(2) The Commission may spend such sum as it thinks fit for performing the functions under this Act and such sums shall be treated as expenditure payable out of the grants referred to in sub-section (1).

12. (1) The Commission shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the Government in consultation with the Accountant General,

5 Telangana.

(2) The accounts of Commission shall be audited by the Accountant General,⁵Telangana at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the Commission to the Accountant General,⁵Telangana.

(3) The Accountant General,⁵Telangana and any person appointed by him in connection with the audit of the accounts of the Commission under this Act, shall have the same rights and privileges and the authority in connection with such audit as the Accountant General,⁵Telangana generally has in connection with the audit of Government accounts and in particular shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the Commission.

5 . Substituted by G.O.Ms.No.45 , Law (F) Department, dated 01.06.2016. Grants by the

Government.

Accounts and

Audit.

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[Act No. 19 of 2008] 7

13. The Commission shall prepare in such form and at such time for each financial year as may be prescribed its annual report giving a full account of its activities during the previous financial year and forward a copy thereof to the Government.

14. The Government shall cause the annual report together with a memorandum of action taken on the advice rendered by the Commission under section 9 and the reasons for the non-acceptance, if any, of any such advice and the audit report to be laid as soon as may be after they are received before the Legislature of the State.

CHAPTER - V

MISCELLANEOUS

15. The Chairperson, Members and employees of the Commission shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code, 1860.

16. (1) If any difficulty arises in giving effect to the provisions of this Act, the Government may by order published in the Official Gazette make provisions not inconsistent with the provisions of the Act as appear to them to be necessary or expedient for removing the difficulty.

(2) Every notification made under this section shall, as soon as may be after it is made, be laid before the Legislature of the State of⁶Telangana.

17. (1) The Government may by notification in the Official Gazette, make rules for carrying out all or any of the provisions of this Act.

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(2) In particular and without prejudice to the generality of the foregoing powers such rules may provide for all or any of the following matters, namely:-

(a) salaries and allowances payable to and the other terms and conditions of service of the Chairperson and Members under sub-section (5) of section 4 and of officers and other employees under sub-section (1) of section 5;

(b) the form in which the annual statement of accounts shall be maintained under sub-section (1) of section 12;

(c) the form and the time of which the annual report shall be prepared under section 13;

(d) any other matter which is required to be or may be prescribed.

(3) Every rule made under this Act shall immediately after it is made, be laid before each House of the State Legislature if it is in session and if it is not in session, in the session immediately following for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiration of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or in the annulment of the rule, the rule shall with effect from the date of notification of such modification or annulment in the⁷Telangana Gazette, is notified have effect only in such modified form or shall stand annulled, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. * * *

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