The Commission for Development of Backward Areas of Telangana Act, 2008.
Telangana · state statute
Open in Lexace · Ask the AI about this actTHE 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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