A member or President or Vice-President or Chairman or Vice-Chairman of the managing committee of a farmers’ organization may resign his office through a letter sent by registered post or tendered in person to the authority designated and it shall be processed and disposed of in the manner prescribed.]
33. Appointment of a Commissioner - (1) The Government may by notification appoint a Commissioner to exercise general control and superintendence over the competent authorities and the District Collectors in performance of their functions under this Act or the rules made thereunder.
(2) The powers to be exercised and the functions to be performed by the Commissioner shall be such as may be prescribed.
5[34. Transitional arrangements - The Government may, by notification, appoint an Officer or Officers or the outgoing President or Chairman of the Farmers’ Organisations whose performance is adjudged as good, as prescribed, or a Managing Committee consisting of President, Vice President and four (4) members as appointed by the General Body of Farmers’ Organisations by consensus, to exercise the powers and perform the functions of a Farmers’ Organisation and the Managing Committtee thereof till such time such Farmers’ Organisation is duly constituted or re-constituted and such Managing Committee assumes office under the provisions of this Act.]
35. Authentication of orders and documents of the Farmers’ Organisation - All permissions, orders, decisions, notices and other documents of the farmers’ organisation shall be authenticated by the signature of the chairman or president of the farmers’ organisation or any other member of the managing committee, authorised by the managing committee in this behalf.
1. Omitted by the Act No.4 of 2018, S.16.
2. Substituted by the Act No. 7 of 2003, S.21.
3. Added by the Act No. 7 of 2003, S.21.
4. Substituted by the Act No. 7 of 2003, S.22.
5. Substituted by the Act No. 19 of 2015, S.2.
36. Acts not to be invalidated by informality or vacancy etc - No acts or proceedings of the managing committee of a farmers’ organisation shall be invalid by reason only of the existence of any vacancy in, or defect in the constitution of, the said committee.
37. Deposit and administration of the funds - (1) The farmers’ organisation shall keep their funds in a Nationalised Bank or a Co-operative Bank, namely a Primary Agricultural Co-operative Society or the District Co-operative Central Bank or the Andhra Pradesh State Co-operative Central Bank.
(2) The funds shall be applied towards meeting of the expenses incurred by the managing committee of the concerned farmers’ organisation in the administration of this Act and for no other purpose.
38. 1[XXXX]
39. Budget - The 2[financial sub-committee] of a farmers’ organisation shall prepare in such form in every financial year a budget in respect of the financial year next, showing the estimated receipts and expenditure of the committee and shall place before the general body of the farmers’ organisation for its approval as may be prescribed.
40. Protection of acts done in good faith - No suit, prosecution or other legal proceedings shall be, instituted against any person for anything which is, in good faith, done or intended to be done under this Act or under the rules made thereunder.
41. Power to remove difficulties - (1) If any difficulty arises in giving effect to the provisions of this Act or as to the first constitution or reconstitution of any farmers’ organisation after the commencement of this Act, the Government, as the occasion may require, by order published in the Andhra Pradesh Gazette, do anything which appears to them necessary for removing the difficulty.
(2) All orders made under sub-section (1) shall as soon as may be, after they are made, be placed on the table of the Legislative Assembly of the State and shall be subject to such modifications by way of amendments or repeal as the Legislative Assembly may make either in the same session or in the next session.
3[41-A. Power to give direction, etc. - (1) Notwithstanding anything contained in this Act, it shall be competent for the Government or as the case may be, the Commissioner or designated officers not below the rank of a Superintending Engineer, either on its own accord or on application made, issue such directions, as they may consider necessary, to any farmers’ organisation for the proper working of the said organisation and such farmers’ organisation shall implement those directions for effective functioning of the said organisation.
(2) If in the opinion of the Government or, as the case may be, the Commissioner or the officers as designated in sub-section (1), the President or Vice-President or Chairman or Vice-Chairman or the members of the managing committee of a farmers’ organization,-
(i) Wilfully omitted or refused to carry out the directions of the Government or the Commissioner or the officers as designated in sub-section
(1) for the proper working of the organization; or
(ii) abused his position or the power vested in him; or
(iii) is guilty of misconduct in the discharge of his duties; or
1. Omitted by the Act NO.4 of 2018, S.17.
2. Substituted by the Act No. 7 of 2003, S.24.
3. Inserted by the Act No.1 of 1999, S.7.
(iv) persistently defaulted in the performance of his functions and duties entrusted to him under the Act to the detriment of the functioning of the concerned organization or has become incapable of such performance; or
(v) violated any of the provisions of the Act or the rules made there under; or
(a) defaulted in carrying out the financial audit in the manner prescribed; or
(b) defaulted in conducting general body meetings in the manner prescribed; or
(c) defaulted in formation of sub-committees in the manner prescribed; or
(vi) incurred any of the disqualifications under the provisions of the Act, the Government or, as the case may be, the Commissioner or the officers designated in sub-section (1) may proceed either suo-motu or on a representation or application, and may remove such President or Vice- President or Chairman or Vice-Chairman or the Member or members of the Managing Committee, after giving reasonable opportunity of making a representation against such action.
(3) Any amount fallen due to be recovered, consequent to any financial irregularity committed by the Chairman or Vice-Chairman or President or Vice- President or member or members of the Managing Committee during their tenure, shall be recovered as per the Andhra Pradesh Revenue Recovery Act, 1864 or any Act for the time being in force and be credited to the respective farmers’ organization or Government, as the case may be.
(4) All appeals on the orders issued under sub-section (2) shall lie before an appellate authority not below the rank of District Collector as may be prescribed within a period of thirty days from the date of serving the said orders to the concerned person or persons and the decision of the appellate authority thereon shall be final.]
1[41-B. Revision by the Government or the Commissioner - The Government or the Commissioner may either on its own accord or on application made call for and examine the records of any Committee of a Farmers’ Organisation or, as the case may be, the records of the Apex Committee in respect of any decision, order or other proceedings made under this Act to satisfy themselves or himself as to the correctness, legality or propriety of any such decision or order or as to the regularity of such proceedings and if in any case it appears to the Government or to the Commissioner that such decision, order or proceedings should be modified, annulled, reversed or remitted for reconsideration, they or he may pass orders accordingly:
Provided that the Government or the Commissioner shall not pass any order prejudicial to any party unless he has been given an opportunity of making a representation.]