Chapter III MISCELLANEOUS

(1)(a) The Government may, by notification constitute as many Tribunals as may be necessary for the purposes of this Act and shall specify in such notification, the jurisdiction of each such Tribunal. (b) Each Tribunal constituted under clause (a) shall consist of a single member who shall be a Tahsildar. (2) (a) The Government may, by notification constitute as many Appellate Tribunals as may be necessary for the purposes of this Act and shall specify in such notification, the jurisdiction of each such Appellate Tribunal. (b) Each Appellate Tribunal constituted under clause (a) shall consist of a single member who shall be an officer not below the rank of a Collector.

(1) The Tribunal and the Appellate Tribunal shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (Central Act 5 of 1908) for summoning and enforcing the attendance of any person and examining him on oath and for requiring production of any document. (2) In any proceedings under this Act any party may be represented by an agent authorised in writing, except by a legal practitioner as defined in section 2 of the Advocates Act, 1961(Central Act 25 of 1961). (3) The procedure to be followed by the Tribunal or the Appellate Tribunal in any proceedings before it, shall, subject to the provisions of this Act, be in accordance with such rules as may be prescribed.

The order or decision of the Tribunal or the Appellate Tribunal made under this Act shall be executed by the Civil Court having jurisdiction as if it were a decree or order of that Court.

(1) Any person failing to furnish the statement under section 5 or to comply with the order made or direction given under that section or section 6 or otherwise contravening the provisions of either of the said sections shall be punished with imprisonment for a term which shall not be less than three months but which may extend to one year and with fine which shall not be less than Rs. 1,000 but which may extend to Rs. 5,000. (2) Every offence punishable under sub-section (1) shall be cognizable. (3) Every offence punishable under sub-section (1) shall be tried in a summary way and the provisions of sections 262 to 265 (both inclusive) of the Code of Criminal Procedure, 1973(Central Act 2 of 1974), shall, as far as may be, apply to such trial.

(1) Where an offence under this Act has been committed by a company, every person who, at the time the offence was committed was in charge of, and was responsible to the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due deligence to prevent the commission of such offence. (2) Notwithstanding anything in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer of the company shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation :- For the purpose of this section,- (a) "company" means any body corporate and includes from or other association of individuals; and (b) "director" in relation to a firm, means a partner in the firm.

In any suit or proceeding, the burden of proving that the debtor is not entitled to the protection of this Act shall, notwithstanding anything in any law for the time being in force, lie on the creditor.

(1) No Civil Court shall have jurisdiction in respect of any matter which the Tribunal or the Appellate Tribunal is empowered by or under this Act to determine. (2) No order passed or proceeding taken by any officer or authority under this Act shall be called in question in any court of Law.

No suit, prosecution or other legal proceeding shall lie against any officer or authority for anything which is in good faith done or intended to be done in pursuance of this Act or any rules made thereunder.

(1) The Government may, by notification, make rules for carrying out all or any of the purposes of this Act. (2) 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 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.

Save as otherwise provided in this Act, the provisions of this Act shall be in addition to, and not in derogation of any other law for the time being in force.

(1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, by general or special order published in the Andhra Pradesh Gazette, make such provisions, not inconsistent with the provisions of this Act, as appear to them to be necessary or expedient for the removal of the difficulty: Provided that no such order shall be made after the expiration of two years from the commencement of this Act. (2) Every order passed under sub section (1) shall be laid before each House of the State Legislature.

The Andhra Pradesh Agricultural Indebtedness (Relief) Ordinance, 1976 is hereby repealed.