A Member or president or Vice

23. Amendment of Section 34 In section 34 of the principal Act, after the words "Officer or Officers", the words "or the outgoing President or Chairman of the farmers organization whose performance is adjudged as good, as prescribed" shall be inserted.

24. Amendment of Section 39 In Section 39 of the Principal Act, for the words "managing committee", the words "financial sub-committee" shall be substituted.

25. Substitution of Section For section 41-A of the principal Act, the following shall be substituted, namely : -- 41-A .(l) Notwithstanding any- thing 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 Super- intending 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 orga- nisation and such farmers organisation shall implement those directions for effective functioning of the said orga- nization.

1. (2) If in the opinion of the Govern- ment or, as the case may be, the Commis- sioner 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 organisation,-
   • (i) Wilfully omitted or refused to carry out the directions of the Govern- ment or the Commissioner or the officers as designated in sub-section
2. (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 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 disquali- fications under the provisions of the Act, the Government or, as the case may be, the commissioner or the officers designated in sub-section
3. (1) may proceed either suo-moto or on a represen- tation 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.
4. (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.
5. (4) All appeals on the orders issued under sub-section
6. (2) shall lay 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." 26. Amendment of Section 42 In section 42 of the principal Act,--
   • (a) sub-section
7. (1) of Section 42 shall be renumbered as section 42;
   • (b) sub-section
8. (2) shall be omitted. 27. Cessation of the existing committees
9. (1) Notwithstanding anything contained in in the principal Act, in any rule, order, decree or any judgment of any Court, Tribunal or other authority, the Chairman or President or Member of the Managing Committee of Water Users Association and the Chairman or President or Member of the Managing Committee of the Distributory Committee as the case may be constituted and functioning before the commencement of the Andhra Pradesh Farmers Management of Irrigation Systems (Amendment) Act, 2003 shall cease to hold such office of Chairman or President or Member of the said committees forthwith.
10. (2) Upon such cessation of such Managing committee of WaterUsersAssoci- ations and the Distributary Committees, it shall be competent for the Government, by notification, appoint an officer or officers to exercise the powers and perform the functions of the farmers organisation and the Managing Committees thereof till such time the farmers organisation is reconstituted in accordance with the provisions of the Principal Act as amended by this Act.
11. (3) As soon as the Andhra Pradesh Farmers Management of Irrigation Systems (Amendment) Act, 2003 comes into force, the District Collector shall cause arrangements for the election of Managing Committees of such farmers organizations in accordance with the provisions of the principal Act as amended by this Act.
12. (4) No suit or any other procee- dings shall be maintained or continued in any Court, Tribunal or other authority against the Government or any person or other authority whatsoever for extending their term of office and all such pending proceedings shall abate forth- with.
13. (5) No Court shall enforce any decree or order directing to continue the persons as Chairman or Vice-President or Members of the Managing Committee of Water Users Association or the Distributory Committee as the case may be. 28. Repeal of Ordinance 10 of 2002 The Andhra Pradesh Farmers Manage- ment of irrigation Systems (Second Amend- ment) Ordinance 2002 is hereby repealed.