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

Telangana · state statute
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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. 
 
 
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. 
 
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 called 2the Commission for 
Development of Backward Areas of Telangana Act, 2008. 
 
 (2) It extends to the whole of the State of 2Telangana. 
 
2. In this Act unless the context otherwise requires,- 
 
 (a) “Backward areas” for the purpose of this Act means 
such backward areas of 2Telangana as may be identified by 
the Commission; 
 
 (b) “Commission” means Commission for Development 
of Backward Areas of 2Telangana constituted under section 
3; 
 
 (c) “District” means a District as construed in the 
3Telangana Districts (Formation) Act, 1974; 
 
 (d) “Government” means the State Government of 
2Telangana; 
                                                           
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 01.06.2016.  
3. Adapted by G.O.Ms.No.225, Revenue (DA-CMRF) Department, dated 
03.12.2015. 
Short title and 
extent. 
Definitions. 
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 
4Telangana Gazette and the word notified shall be construed 
accordingly; 
 
 (g) “prescribed” means prescribed by rules made 
under this Act. 
 
CHAPTER - II 
COMMISSION FOR DEVELOPMENT OF BACKWARD 
AREAS OF 4TELANGANA 
 
3. (1) The Government may constitute a body to be 
known as the Commission for Development of Backward 
Areas of 4Telangana to exercise the powers conferred on 
and to perform the functions assigned to it under this Act. 
 
 (2) The Commission shall consist of the following 
Members nominated by the Govemment:- 
 
  (a) Chairperson will be an eminent person of public 
standing; 
 
  (b) two eminent persons from the disciplines of 
Economics/Sociology/Public Administration to be 
nominated; 
 
  (c) a Member-Secretary who shall be an officer of the 
Government not below the rank of Secretary to Government. 
 
4. (1) Every Member  shall hold office for a term of three 
years from the date he assumes office: 
 
                                                           
4. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016. 
Constitution of 
Commission for 
Development of 
Backward Areas 
of 4Telangana. 
Term of Office 
and conditions of 
service of 
Chairperson and 
Members. 
[Act No. 19 of 2008]  3 
 Provided that the Government may by notification, and 
for reasons specified therein ex tend 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 continua nce in the office detrimental to  the public 
interest: 
 
  Provided that no person shall be removed under this 
clause until th at 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. 
4  [Act No. 19 of 2008] 
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 employe es 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 ref erred 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 an y 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. 
[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 recomm end 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 befo re 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) i ssuing of commissions for the examination of 
persons. 
 
 
 
 
Functions of the 
Commission. 
Powers of the 
Commission. 
Central Act No.5 of 
1908. 
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 p ayable 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,  
5Telangana. 
 
 (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 o f 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. 
[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 suc h 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 of 6Telangana. 
 
17. (1) The Government may b y notification in the Official 
Gazette, make rules for  carrying out all or any of the 
provisions of this Act. 
 
                                                           
6. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016. 
Annual Report. 
Annual Report 
and Audit Report 
to be laid before 
the Legislature of 
the State. 
Chairperson, 
Members and 
employees of the 
Commission to be 
public servants. 
Central Act 45 of 1860. 
Power to remove 
difficulties. 
Power to make 
rules. 
8  [Act No. 19 of 2008] 
 (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 a nd 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 mainta ined 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 o r 
annulment in the 7Telangana 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. 
 
* * * 
                                                           
7. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016. 

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