Telangana act 008 of 1977 : The Telangana Board of Revenue (Replacement by Commissioners) Act, 1977.

Section 1.Short title and commencement.

(1) This Act may be called the ¹Telangana Board of Revenue (Replacement by Commissioners) Act, 1977.

(2) It shall be deemed to have come into force on the 1st February, 1977.

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

Section 2.Definitions.

In this Act, unless the context otherwise requires,-

(a) "Board" means the Board of Revenue;

(b) "Commissioner" means a Commissioner appointed under section 4;

(d) "local area" means a revenue district or parts of revenue district, specified in the notification under section 4 or section 5;

(e) "Member" means a Member of the Board of Revenue;

(f) "notification" means a notification published in the ¹Telangana Gazette and the word "notified" shall be construed accordingly.

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

Section 3.Divesting of the powers of the Board and vesting them in the Commissioner.

The jurisdiction, powers and duties of the Board under the provisions of the Andhra Pradesh (Andhra Area) Board of Revenue Regulation, 1803, ¹the Telangana Board of Revenue Regulation, 1358 F. or any other law for the time being in force shall, with effect on and from the date specified in the notification under section 4, and in respect of such matters and within such local area as may be specified therein, stand transferred to and be vested in and exercised by the Commissioner concerned.

1. Adapted by G.O.Ms.No.46, Law (F) Department, dated 01.06.2016.

Section 4.Appointment of Commissioners.

The Government may, by notification and with effect from the date specified therein, appoint such number of Commissioners as they deem fit and may authorise them to exercise, either throughout the State or in such local area as may be specified therein, all or any of the powers vested in the Board by or under any law for the time being in force; and may, in like manner withdraw such authorisation.

Section 5.Vesting of additional powers in Commissioners.

The Government may also authorise any Commissioner to exercise any of the powers vested by or under any law for the time being in force in any authority (other than the Board of Revenue) under the control of the Government, and also specify the local area within which such powers may be exercised.

Section 6.Act to override other laws.

The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Andhra Pradesh (Andhra Area) Board of Revenue Regulation 1803, the Andhra Pradesh (Andhra Area) Revenue Commissioners Act, 1849, or the Andhra Pradesh (Andhra Area) Board of Revenue Act, 1894 or the Telangana Board of Revenue Regulation, 1358 F. or in any other law for the time being in force.

Section 7.Powers to make rules.

(1) The Government may, by notification, make rules for carrying out all or any of the purposes of this Act.

(2) Every rule made under this section 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, from the date on which the modification or annulment 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.

Section 8.Construction of references to Board members.

In the application of any law, rule, bye-law, regulation, notification, scheme, form or order, any reference to the Board or Member shall unless the context otherwise requires, be deemed to be a reference to the Commissioner concerned.

Section 9.Power to remove difficulties.

(1) If any difficulty arises in giving effect to the provisions of this Act, the Government may make such orders not inconsistent with the provisions of this Act as appear to them to be necessary or expedient for the purpose of removing the difficulty:

Provided that no such order shall be made after the expiration of two years from the commencement of this Act.

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

Section 10.Repeal of Ordinance 3 of 1977.

The Andhra Pradesh Board of Revenue (Replacement by Commissioners) Ordinance, 1977 is hereby repealed.