If any person –
(a) obstructs or molests any person with whom the Board has entered into a contract, in the performance or execution by such person of his duty or of anything which he is empowered to required to do under this Act, or
1. Substituted by Act No.15 of 1962. S,21.
2. Substituted by Act No.15 of 1962. S,23.
(b) removes any mark set up for the purpose of indicating any level or direction necessary to the execution of works authorised under this Act, he shall on conviction, be punishable with imprisonment for a term which may extend to one month or with fine which may extend to five hundred rupees or with both.
75. Penalty for contravention of any provisions of Chapter VI and for obstructing lawful exercise of power thereunder - Any person who contravenes any provision of Chapter VI or any rule or order made thereunder or obstructs the lawful exercise of any power conferred by or under that Chapter shall, on conviction, be punished with fine which may extend to one thousand rupees.
76. Authority for prosecution - Unless otherwise provided, no Court shall take cognizance of any offence punishable under this Act except on the complaint, or upon information received from, the Board or some person authorised by the Board by General or special order in this behalf.
77. Certain persons to be public servants - The Tribunal, the appellate authority, the competent authority and all members, Officers and servants of the Board shall be deemed when acting or purporting to act in pursuance of any of the provisions of this Act, to be public servants within the meaning of section 21 of the Indian Penal Code.
78. Protection of action taken under this Act - No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or purported to be done under this Act.
79. Government’s powers of supervision - (1) The Government may give the Board such directions as in its opinion are necessary or expedient for carrying out the purposes of this Act, after giving an opportunity to the Board to state its objections, if any, to such directions and after considering the said objections. It shall be the duty of the Board to comply with such directions.
(2) The Government may at any time for the purposes of satisfying itself as to the legality or propriety of any order passed by, or as to the regularity of the proceedings of the Board or officer subordinate to the Government or the Board acting in exercise of any power or authority conferred by this Act or the rules, bye-laws and regulations made thereunder, call for and examine the record of any case pending before or disposed of by the Board or such officer and may pass such order with reference thereto as it thinks fit:
Provided that no order shall be reversed unless notice has been given to the parties interested to appear and be heard in support of such order.
80. Default in performance of duty - (1) If the Government is satisfied that the Board has made default in performing any duty imposed on it by or under this Act, it may fix a period for the performance of that duty.
(2) If in the opinion of the Government the Board fails or neglects to perform such duty within the period so fixed for its performance, it shall be lawful for the Government, notwithstanding anything contained in section 7, to supersede and reconstitute the Board in prescribed manner.
(3) After the supersession of the Board and until it is reconstituted, the powers, duties and functions of the Board under this Act shall be carried on by the Government or by such officer or officers as the Government may appoint for this purpose.
81. Dissolution of the Board - (1) The Government may, by notification in the 1[Andhra Pradesh Gazette], declare that with effect from such date as may be specified in the notification, the Board shall be dissolved.
(2) With effect from the date specified in the notification under subsection (1)-
(a) all properties, funds and dues which are vested in and realizable by the Board shall vest in and be realizable by the Government;
(b) all liabilities enforceable against the Board shall be enforceable against the Government to the extent of the properties, funds and dues vested in and realized by the Government;
(3) Nothing in this section shall effect the liability of the Government in respect of loans or debentures guaranteed under sub-section (5) of section 62.
2[81-A. Power to remove difficulties. (1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order in the Andhra Pradesh Gazette, make such provisions not inconsistent with the purposes of this Act as appear to them to be necessary or expedient for removing the difficulty.
(2) Every order made under sub-section (1) shall be laid on the Table of the Legislative Assembly for a period of fourteen days when the Assembly is in session.]
82. Repeal and saving - (1) The Hyderabad Labour Housing Act, 1952 (36 of 1952), the Secunderabad Town Improvement Trust A’ in, 1355 Fasli, and all rules, regulations and orders pertaining to the constitution, working and activities of the Hyderabad City Improvement Board and for the time being having the force of Law, are hereby repealed:
Provided that the repeal shall not effect –
(a) the previous operation of any law so repealed or anything duly done thereunder, or
(b) any right, privilege, obligation or liability acquired, accrued or incurred under any law so repealed, or
(c) Any penalty, forfeiture or punishment incurred in respect of any offence committed against any law so repealed, or
(d) Any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid;
1. Substituted by Act No.15 of 1962. S,23.
2.Inserted by the Act No. 15 of 1962, S,22.
and any such investigation, legal proceeding or remedy may be instituted continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if this Act had not been passed:
Provided further that subject to the proceeding, proviso, anything done or any action taken including any appointment or delegation made, notification, order, instruction or direction issued, rule, regulation, from bye-law or scheme framed under any such law shall be deemed to have been done or taken under this Act and shall continue to be in force accordingly, unless and until superseded by anything done or any action taken under this Act.
(2) All debt and obligations incurred, all contracts entered into and all matters and things engaged to be done, by, with or for the Government for the purposes of the Hyderabad City Improvement Board and the Secunderabad Town Improvement Trust before and upto the date of establishment of the Board under this Act shall be deemed to have been incurred, entered, into or engaged to be done by, with or for the Board, all suits and other legal proceedings instituted or which may be instituted by or against the Government shall be continued or instituted by or against the Board, as the case may be.
(3) All the assets entrusted to the Hyderabad City Improvement Board and the Secunderabad Town Improvement Trust and all the assets acquired for the purposes of the said City Improvement Board and Town Improvement Trust shall after the establishment of the Board under this Act vest in the Board for the purposes of this Act.
(4) All applications made or proceedings instituted under the aforesaid laws shall be deemed to have been made or instituted under this Act and shall be disposed of as if this Act was applicable at the time when such application or proceeding was made or instituted.
(5) All notifications issued before the date of the coming into force of this Act and all proceedings pending on that date for the acquisition of any immovable property or easement for the purposes of the Hyderabad City Improvement Board or the Secunderabad Town Improvement Trust shall be deemed to have been issued and to be proceedings for acquisition of such immovable property or easement for the purposes of this Board under this Act.