Telangana act 004 of 1996 : The Telangana Public Sector Undertakings (Reconstitution of Management) Act, 1996.

Section 1.Short title and commencement.

(1) This Act may be called the ²Telangana Public Sector Undertakings (Reconstitution of Management) Act, 1996.

(2) Items 18 and 19 of the Schedule appended to the Act shall be deemed to have come into force on the 25th November, 1995 and the remaining provisions shall be deemed to have come into force on the 13th November, 1995.

2. 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) “Government” means the Government of ²Telangana;

(b) “Notification” means a notification published in the ²Telangana Gazette and the word “notified” shall be construed accordingly;

(d) “Schedule” means the Schedule appended to this Act.

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

Section 3.Cessation of office of the non-official Chairman and the non-official directors.

Notwithstanding anything contained in any rule, order or notification or bye-laws or Memorandum or Articles of Association or in any provision of any law for the time being in force, the non-official Chairman and the non-official Directors by whatever name called of every public sector undertaking holding office at the commencement of this Act shall cease to hold such office forthwith.

Section 4.Action for reconstitution of public sector undertakings.

Notwithstanding anything contained in any rule, order or notification or bye-laws or Memorandum or Articles of Association or in any provision of any law for the time being in force, the Government shall, within such period as they consider reasonable from the date of commencement of this Act re-constitute the Board, or committee or management or the governing body by whatever name called.

Section 5.Power to amend the Schedule.

(1) The Government may, by notification, alter or add to or cancel any item in the Schedule.

(2) Where a notification has been issued under subsection (1), there shall, unless the notification is in the meantime rescinded, be introduced in the Legislature, as soon as may be, but in any case during the next session of the Legislature following the date of the issue of the notification, a Bill on behalf of the Government to give effect to the alteration, addition or cancellation as the case may be, of the Schedule specified in the notification, and the notification shall cease to have effect when such Bill becomes law, whether with or without modifications but without prejudice to the validity of anything previously done thereunder:

Provided that if the notification under sub-section (1) is issued when the Legislature is in session, such a Bill shall be introduced in the Legislature during that session:

Provided further that where for any reason a Bill as aforesaid does not become law within six months from the date of its introduction in the Legislature, the notification shall cease to have effect on the expiration of the said period of six months.

(3) All references made in this Act to any item in the Schedule shall be construed as relating to the item in the Schedule as for the time being amended in exercise of the powers conferred by this section.

Section 6.Act to override other laws and bar of jurisdiction of civil courts.

The provisions of this Act shall have effect notwithstanding anything contained in any other law for the time being in force, and accordingly,-

(a) no suit or other proceeding shall be instituted, maintained or continued in any Court for the continuance of any non-official Chairman, or a non-official Director as the case may be, who cease to hold office under this Act;

(b) no court shall enforce any decree or order directing the continuance of such Chairman or the Director; and

Section 7.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.

(2) Every order made under this section shall be laid before the Legislature of the State, as soon as may be, but in any case during the next session of the Legislature following the date of making such order.

Section 8.Repeal of Ordinance.

The Andhra Pradesh Public Sector Undertakings (Reconstitution of Management) Ordinance, 1995 is hereby repealed.