The Telangana Disaster and Public Health Emergency (Special Provisions) Act, 2020
Telangana · state statute
Open in Lexace · Ask the AI about this actTHE TELANGANA DISASTER AND PUBLIC HEALTH EMERGENCY
(SPECIAL PROVISIONS) ACT, 2020.
(ACT No. 14 OF 2020)
ARRANGEMENT OF SECTIONS
Sections
1. Short title, extent and commencement.
2. Definitions.
3. Power of the Government to defer the Payment, in part,
due and payable to any person or institution.
4. Power of the Government to defer the pay in part due
and payable to an employee employed by the
Government and also pensioners and to any other
person.
5. Power of the Government to defer the pay, in part, due
and payable to an employee and pensioner of certain
institutions including local self government institutions,
statutory bodies etc.,
6. Payment of deferred amount.
7. Power to make rules.
8. Power to remove difficulties.
9. Repeal of Ordinance No.2 of 2020.
THE TELANGANA DISASTER AND PUBLIC HEALTH
EMERGENCY (SPECIAL PROVISIONS) ACT, 2020.
ACT No. 14 OF 2020.
[19th September, 2020]
AN ACT TO MAKE SPECIAL PROVISION FOR THE
DEFERMENT OF ANY PAYMENT IN PART, DUE AND
PAYABLE TO ANY PERSON, INSTITUTION AND ANY
PAY, PENSION AND REMUNERATION IN PART, TO
ANY EMPLOYEE, ANY PENSIONER AND ANY OTHER
PERSON, IN THE EVENT OF DISASTER AND PUBLIC
HEALTH EMERGENCY IN THE STATE AND FOR THE
MATTERS CONNECTED THEREWITH OR INCIDENTAL
THERETO.
Be it enacted by the Legislature of the Sta te of
Telangana in the Seventy -first Year of the Republic of India
as follows:-
1. (1) This Act may be called the Telangana Disaster and
Public Health Emergency (Special Provisions) Act, 2020.
(2) It extends to the whole of the State of Telangana.
(3) It shall be deemed to have come into force with
effect from 24th of March, 2020.
2. In this Act, unless the context otherwise requires,-
(a) “Disaster” means a catastrophe, mishap, calamity or
grave occurrence in any area, arising from natural or
manmade causes, or by accident or negligence which
results in substantial loss of life or human sufferi ng or
Received the assent of the Governor on the 19th September, 2020.
Short title, extent
and
commencement.
Definitions.
2 [Act No.14 of 2020]
damage to, and destruction of, property, or damage to, or
degradation of, environm ent, and is of such a nature or
magnitude as to be beyond the coping capacity of the
community of the affected area and includes National or
State notified Disasters under the Disaster Management Act,
2005;
(b) “Employee” means and includes any person or
teacher em ployed by the Gover nment or other employees
or teachers of institutions covered under section 5 of this Act
and includes for the purpose of this Act Contract and
Outsourcing personnel;
(c) “Government” means the Government of Telangana;
(d) “Notification” means an y notification issued und er
this Act, published in the official Gazette;
(e) “Pay” means pay as defined under the Fundamental
Rules, 1922, and includes all salaries, allowances,
remunerations, benefits, and other emoluments payable or
due to any person mentioned in sections 4 and 5;
(f) “pension” means pen sion as defined under
Telangana Revised Pension Rules, 1980 and any other rules
governing payment of pensions to Governme nt Servants
and includes family pension and pension received by those
who are included under section 5 of this Act;
(g) “Pensioner” means a Government Serv ant who is
receiving pension under the Telangana Revised pension
Rules, 1980 and any other rules governing payment of
pensions to Gove rnment Servants and includes family
pensioner and those who are covered by section 5 of this
Act;
Central Act 53 of 2005.
[Act No.14 of 2020] 3
(h) “Public Health Eme rgency” means any health
situation or emergency in the State of Telangana arising out
of threat or outbreak of any contagious disease or epidemic
or pandemic which has hit the whole or any part of the
State, as declared by the Government.
3. Notwithstanding anything contained in any other law,
rule or order or code, in the event of any disaster or public
health emergency, it s hall be competent and lawfu l for the
Government to defer any payment due and payable to any
person or institution in part, to the extent not exceeding half
of the amount due or payable, for such period for the
management of the situation arising out of such disaster or
public health emergency or otherwise.
4. Notwithstanding anything contained in any other law,
rule or order or code or judgement or order of any Court or
Tribunal, in the event of any disaster or public health
emergency, it shall be competent and lawful for the
Government t o defer the pay, pension or rem uneration, in
part, to the extent not exceed ing ha lf of the total monthly
pay, pensio n or remuneration due and pay able to an
employee, pensioner or any other persons for such period,
for the manag ement of the situation arising out of such
disaster or public health emergency or otherwise.
5. Notwithstanding anything cont ained in any other l aw,
rule or order or code or judgement or order of any Court or
Tribunal, in the event of any disaster or public health
emergency, it shall be competent and lawful for the
Government to defer, the pay, pension or remuneration, in
part, to the extent not exceeding one half of the tot al
monthly pay, pension or remu neration due and payable to
an employee, pensioner or any other person, in any
institution, owned or controlled or aided by the Government,
including aided school and college teachers , local self
government institu tions as well as statu tory bodie s,
Power of the
Government to
defer the
Payment, in part,
due and payable
to any person or
institution.
Power of the
Government to
defer the pay in
part due and
payable to an
employee
employed by the
Government and
also pensioners
and to any other
person.
Power of the
Government to
defer the pay, in
part, due and
payable to an
employee and
pensioner of
certain institutions
including local
self government
institutions,
statutory bodies
etc.,
4 [Act No.14 of 2020]
universities, corporations, aided educational institutions and
such other institutions , for such period for the manag ement
of the situation arising out of such disaster or public health
emergency or otherwise.
6. The deferred payment, und er section 3, 4 and 5 above
has to be given back to such person or institution or
employee, as the case may be, in such manner as may be
mentioned in the notification issued by the Government to
that effect, which shall be issued within six months from the
date of the deferment.
7. (1) The Government may, by notification without
prejudice to the generality of the foregoing power, make
rules for carrying out any or all of the purposes of this Act.
(2) Every rule made under this Act shall immediately
after it is made, be laid before the Legislature of the State 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 co mprised in one session or i n two
successive sessions and if before the expiration of the
session in which it is so laid or the session immediately
following, the Legislature agrees 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 a nnulment is notified,
have effe ct 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 or anything previously done under the rule.
8. (1) If any difficulty arises in giving effect to the provisions
of this Act, the Government may, by order, do anything
which a ppear to them necessary for the purpose of
removing such difficulty:
Payment of
deferred amount.
Power to remove
difficulties.
Power to make
rules.
[Act No.14 of 2020] 5
Provided that no such order shall be made after the
expiry of two years from the date of commencement of this
Act.
(2) Every order made under sub -section (1) shall be laid
before the Legislature of the State.
9. The Tela ngana D isaster an d Public Hea lth Emergency
(Special Provisions) Ordinance, 2020 is hereby repealed.
* * *
Repeal of
Ordinance No.2 of
2020.
Lex