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The Telangana Disaster and Public Health Emergency (Special Provisions) Act, 2020

Telangana · state statute
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THE 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. 

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