(a) an up-to date copy of this Act;
(b) a map of the area of operation of the farmers‟ organisation along with map of the structures and distributory networks prepared in consultation with the irrigation department;
(c) a statement of the assets and liabilities;
(d) minutes book;
(e) books of account showing receipt and payments;
(f) books of account of all purchases and sales of goods by the farmers‟ organisation;
56. Substituted with marginal heading by Act No.7 of 2003.
Appeals.
Records.
32 [Act No.11 of 1997]
(g) register of measurement books, level field books, work orders and the like;
(h) copies of audit reports and enquiry reports;
(i) all such other accounts, records and documents as may be prescribed from time to time.
57[(2) The books of accounts and other records shall be open for information to the members of the Farmers‟ Organisation and also for inspection to any officer or officers authorized by the Government or the Commissioner, as may be prescribed.]
58[(3) To encourage effective functioning of the farmers‟ organizations, the Government may prescribe incentives and disincentives for farmers‟ organizations, based on their performance.]
29. Every farmers‟ organisation shall get its accounts audited in the manner prescribed.
30. All the amounts payable or due to a farmers‟ organisation shall be recovered as arrears of land revenue.
31. The meetings of the farmers‟ organisation and the managing committees thereof at such intervals, the procedure, the presidency and the quorum thereof and the cessation of membership thereof shall be, as may be prescribed.
59[32. 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
57. Substituted by Act No.7 of 2003.
58. Added by Act No.7 of 2003.
59. Substituted with marginal heading by Act No.7 of 2003.
Audit.
Recovery of dues.
Meetings.
Resignation.
[Act No.11 of 1997] 33 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. (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.
34. The Government may by notification appoint an officer or officers 60[or the outgoing President or Chairman of the farmers‟ organization whose performance is adjudged as good, as prescribed] to exercise the powers and perform the functions of a farmers‟ organization and the managing committee thereof till such time such farmers‟ organisation is duly constituted or reconstituted and such managing committee assumes office under the provisions of this Act.
35. 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.
36. 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.
60. Inserted by Act No.7 of 2003.
Appointment of a Commissioner.
Transitional arrangements.
Authentication of orders and documents of the Farmers‟ Organisation.
Acts not to be invalidated by informality or vacancy etc.
34 [Act No.11 of 1997]
37. (1) The farmers‟ organisation shall keep their funds in a Nationalised Bank or a Co-operative Bank, namely a Primary Agricultural Cooperative Society or the District Cooperative Central Bank or the Telangana 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) The managing committee of the farmers‟ organisation shall maintain a sinking fund for the repayment of moneys borrowed and shall pay every year into the sinking fund such sum as may be sufficient for repayment within the period fixed of all moneys so borrowed.
(2) The sinking fund or any part thereof shall be applied in or towards, the discharge of the loan for which such fund was created, and until such loan is wholly discharged, it shall not be applied for any other purpose.
39. The 61[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. 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.
61. Substituted by Act No.7 of 2003.
Deposit and administration of the funds Sinking Fund.
Budget.
Protection of acts done in good faith.
[Act No.11 of 1997] 35
41. (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 62Telangana Gazette, do anything which appears to them necessary for removing the authority.
(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 Legislature of the State and shall be subject to such modifications by way of amendments or repeal as the Legislature may make either in the same session or in the next session.
63[41-A. (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
62. Substituted by G.O.Ms.No.45, Law (F) Department, dated
01.06.2016.
63. Section 41-A substituted with marginal heading by Act No.7 of 2003.
Power to remove difficulties.
Power to give directions.
36 [Act No.11 of 1997] 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
(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 thereunder; 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 subsection (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 [Act No.11 of 1997] 37 Vice-Chairman or President or Vice-President or member or members of the Managing Committee during their tenure, shall be recovered as per the 64Telangana 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.]
65[41-B. 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.]
64. Adapted in G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
65. Inserted with marginal heading by Act No.1 of 1999.
Revision by the Government or the Commissioner.
Act II of 1864.
38 [Act No.11 of 1997] 66[42.] Nothing contained in this Act shall affect the rights or properties vested in a Gram Panchayat, 67[Mandal Praja Parishad], 67[Zilla Praja Parishad], Municipality or Municipal Corporation under any law for the time being in force.
[XXX]
43. (1) The State Government may, by notification in the Official Gazette, make rules to carry out 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 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, the Legislature agrees in making any mdification in the rule or in the annulment of the rule, the rule shall, from the date on which the modification or annulment 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.
* * *
66. Section 42 (1) renumbered as section 42, and sub-section (2) omitted by Act No.7 of 2003.
67. Substituted by Act No.41 of 2006.
Savings.
Power to make rules.
E:\Uploading PDF Documents\uploading word 1991-2000\1997 - (7)\11 of 1997 The Telangana Farmers Management of Irrigation Systems Act, 1997\Index.docx E:\Uploading PDF Documents\uploading word 1991-2000\1997 - (7)\11 of 1997 The Telangana Farmers Management of Irrigation Systems Act, 1997\11 of 1997 Act.docx