The Andhra Pradesh Pulses Board Act, 2019

1.

1. (1) This Act may be called the Andhra Pradesh Pulses Board Act, 2019.
2. (2) It extends to the whole of the State of Andhra Pradesh.
3. (3) It shall come into force on such date as the State Government may, by notification in the Andhra Pradesh Gazette, appoint.

2. In this Act, unless the context otherwise requires,-

1. (a) "administration" means administration for the purpose of achieving the objectives of the Act;
2. (b) "Board" means the Pulses Board established under section 3;
3. (c) "Chairman" means the Chairman of the Board appointed under section 3;
4. (d) "dealer" means a dealer in Pulses;
5. (e) "Government" means the State Government of Andhra Pradesh;
6. (f) "Managing Director" means the Managing Director of the Board appointed under section 3;
7. (g) "member" means a member of the Board appointed under section 3 and includes the Chairman;
8. (h) "notification" means a notification published in the Andhra Pradesh Gazette and the word "notified" shall be construed accordingly;
   • (i) "Pulses" means specialized seeds of various leguminous plants that are cooked and eaten;
9. (j) "prescribed" means prescribed by rules made under this Act;
10. (k) "processor" means a person who processes the Pulses with the intention of adding value to the crop;
11. (l) "trader" means a person who is buying or selling Pulses in the state of Andhra Pradesh.

3.

1. (1) With effect from such date as the Government may, by notification appoint in this behalf, there shall be established for the purposes of this Act, a Board to be called the Andhra Pradesh Pulses Board.
2. (2) The Board shall be a body corporate by the name aforesaid, having perpetual succession and common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract and shall by the said name sue and be sued.
3. (3) The Head Office of the Board shall be located at such place as the Government may specify.
4. (4) The Board shall consist of the following members, namely:-
   • (a) A Chairman, to be appointed by the Government;
   • (b) A Managing Director who shall be ex-officio Commissioner of Agriculture or Commissioner of Agricultural Marketing or Managing Director of AP MARKFED, appointed by the Government;
   • (c) One Member of Legislative Assembly and One Member of Legislative Council of the State nominated by the Government;
   • (d) Commissioner of Agriculture; (if he/she is not the Managing Director);
   • (e) Commissioner of Agricultural Marketing; (If he/she is not the Managing Director);
   • (f) Managing Director, AP MARKFED; (if he/she is not the Managing Director);
   • (g) Commissioner of Civil Supplies;
   • (h) Secretary/Commissioner, food processing;
     • (i) Managing Director, State Ware Housing Corporation;
   • (j) Commissioner, Tribal Welfare;
   • (k) Commissioner, Women and Child Development;
   • (l) One officer each from Department of Agriculture, and Department of Commerce, Government of India nominated by the respective departments;
   • (m) One
5. (1) Chairman of the Agricultural Marketing Committee
   • (AMC) from among the AMCs in whose notified area Pulses are grown by large number of farmers;
   • (n) Two Principal Scientists from All India Coordinated Research Programme for Pulses;
   • (o) Three
6. (3) representatives of Pulses farming community to be spread across the State;
   • (p) Three
7. (3) representatives from Agro Industries / Pulses Processing Industry / Exporters / Experts/Non-Government Organisaitons (NGO's) / Foundations in the State;
   • (q) The Chief Operating Officer
   • (COO) of the Board;
   • (r) Four
8. (4) Chief Technical Officers
   • (CTO) of the Board; Vice Chancellor of Agricultural University of the State of Andhra Pradesh or his representative;
   • (t) Two
9. (2) members to be appointed by the Government to represent such other interests connected with the Pulses industry as, in the opinion of the Government, ought to be represented;
   • (u) One
10. (1) representative of National Institute of Nutrition;
    • (v) Chairman or the Managing Director will be competent to invite any other official or expert in the meeting of the board whose services may help in achieving the goals envisaged in the Act. However, such invitees shall not have the right to vote.
11. (5) The term of office of the members and the manner of filling vacancies among, and the procedure to be followed in the discharge of their functions by the members shall be such as may be prescribed.
12. (6) No act or proceeding of the Board or any committee appointed by it under section 6 shall be invalidated merely by reason of,-
    • (a) any vacancy in, or any defect in the constitution of the Board or such committee; or
    • (b) any defect in the appointment of a person acting as a member of the Board or such committee; or
    • (c) any irregularity in the procedure of the Board or such Committee not affecting the merits of the case.
13. (7) The Board shall meet at such times and places and shall observe such rules of procedure in regard to the transaction of business at its meetings (including the quorum at meetings) as may be provided by regulations made by the Board under this Act.

Functions of the Board 4.

1. (1) It hall be the duty of the Board to promote, by such measures as it thinks fit, the development under the control of the Government, of the Pulses crop and Pulses industry.
2. (2) Without prejudice to the generality of the provisions of sub-section
3. (1) the measures referred to therein may provide for,-
   • (a) adopting measures for the development of Pulses industry so that farmers, particularly small farmers, may become participants in and beneficiaries of the development and growth of Pulses industry;
   • (b) providing financial or other assistance for the development of high yielding Pulses hybrids, adoption of improved methods and modern technology for cultivation of Pulses, and extension of areas under pulses cultivation with a view to improving the growth of Pul

6.

1. (1) The Board may appoint such committees as may be necessary for the efficient discharge of its duties and performance of its functions under this Act.
2. (2) The Board shall have the power to co-opt as members of any committee appointed under sub-section
3. (1) aforesaid, such number of persons, who are not members of the Board as it may think fit and the persons so co-opted shall have the right to attend meetings of the committee and take part in its proceedings but shall not have the right to vote.
4. (3) The persons co-opted as members of a committee under sub-section
5. (2) aforesaid, shall be entitled to receive such allowances or fees for attending meetings of the committee as may be fixed by the Government.

7.

1. (1) The Chairman shall be entitled to such salary and allowances and shall be subject to such conditions of service as may, from time to time, be fixed, by the Government.
2. (2) The members of the Board shall receive such allowances as may be fixed by the Government.

8.

Dissolution of the Board 9.

1. (1) The Government may, by notification in the Andhra Pradesh Gazette and for reasons to be specified therein, direct that the Board shall be dissolved from such date and for such period as may be specified in the notification: Provided that before issuing any such notification, the Government shall give a reasonable opportunity to the Board to make representations against the proposed dissolution and shall consider the representations, if any, of the Board.
2. (2) When the Board is dissolved under sub-section
3. (1) aforesaid,-
   • (a) all members, notwithstanding that their term of office has not expired, shall, from the date of dissolution, vacate their offices as such members;
   • (b) all powers and duties of the Board shall, during the period of dissolution, be exercised and performed by such person or persons as the Government may appoint in this behalf and their remuneration shall be such as may be prescribed;
   • (c) all funds and other properties vested in the Board shall, during the period of dissolution, vest in the Government; and
   • (d) as soon as the period of dissolution, expires, the Board shall be reconstituted in accordance with the provisions of this Act.

10.

1. (1) The Board may levy fee on the farmers, dealers, traders, processors, manufacturers, or any such person for the extension of market or export services rendered by the Board. The quantum of levy shall be decided with the prior approval of the Government.
2. (2) The Government may, after due appropriation made by State Legislature by law in this behalf, pay to the Board by way of grants or loans such sums of money as the Government may think fit for being utilized for the purposes of this Act.

11.

1. (1) There shall be formed a Fund to be called the Pulses Development Fund and there shall be credited thereto,-
   • (a) fee collected under sub-section
2. (1) of section 10;
   • (b) any grants or loans granted by the Government for the purposes of this Act;
   • (c) any grants or donations or loans that may be made by any person, voluntary organizations or institutions for the purposes of this Act including loans under section 12: Provided that no such grant, loan or donation shall be credited to the Fund except with the prior approval of the Government.
3. (2) The Fund shall be applied, -
   • (a) for meeting the cost of the measures referred to in section 4;
   • (b) for meeting the salaries, allowances and other remuneration of the members, officers and other employees, as the case may be of the Board;
   • (c) for meeting the other administrative expenses of the Board and any other expenses authorized by or under this Act: Provided that the donations from any person or voluntary organization or institutions shall be used for the purpose for which it was donated subject to the functions mentioned in section 4.
   • (d) for repayment of any loans.

12.

1. (1) The Board may, for the purposes of carrying out its functions under this Act, and with the previous approval of, and subject to the directions of the Government, borrow money from, -
   • (a) the public by the issue or sale of bonds or debentures or both, carrying interest at such rates as may be specified therein;
   • (b) any bank or other institution;
   • (c) such other authority, organization or institution, as may be approved by the Government in this behalf.
2. (2) The Government may guarantee the payment of the money borrowed by the Board under sub-section
3. (1) aforesaid and the payment of interest thereon and other incidental charges.

13. Subject to such conditions as may be specified by the Government, where the Board is of opinion that any amount due to or any loss, whether of money or of property, incurred by the Board is irrecoverable, the Board may with the previous approval of the Government, sanction the writing off finally of the said amount or loss: Provided that no such approval of the Government shall be necessary where such irrecoverable amount or loss does not exceed in any individual case and in the aggregate in any year such amounts as may be prescribed.

14. The Board shall prepare in such form and at such time each financial year, as may be prescribed, its budget for the next financial year, showing the estimated receipts and expenditure of the Board and forward the same to the Government.

15. The Board shall prepare, in such form and at such time each financial year, as may be prescribed its annual report giving a full account of its activities during the previous financial year and submit a copy thereof to the Government.

16.

1. (1) The Board shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the Government in consultation with the Andhra Pradesh state Audit department.
2. (2) The accounts of the Board shall be audited by the Andhra Pradesh state Audit department at such intervals as may be specified by them and any expenditure incurred in connection with such audit shall be payable by the Board to the Andhra Pradesh state Audit department.

17 .(1) The Board shall carry out such directions as may be issued to it from time to time by the Government for the efficient administration of this Act.

1. (2) The Government may, by order published in the Andhra Pradesh Gazette, designate specific water deficit areas as Pulses zones and make provision for prohibiting or restricting cultivation of water guzzling crops in such areas, and the Board shall implement such order made by the Government.

18.

1. (1) The Board shall furnish to the Government at such time and in such form and manner as may be prescribed or as the Government may direct, such returns and statements and such particulars in regard to any proposed or existing programme for the promotion and development of the Pulses crop and industry, as the Government may, from time to time require.
2. (2) The Board shall furnish a programme of its activities for each financial year to the State Government for their information and directions, if any.
3. (3) Without prejudice to the provisions of sub-section
4. (1) aforesaid, the Board shall, as soon as possible, after the end of each financial year, submit to the Government a report in such form and before such date, as may be prescribed; giving a true and full account of its activities, policy and programmes during the previous financial year.
5. (4) A copy of the report received under sub-section
6. (3) aforesaid, shall be laid, as soon as may be, after it is received, before State Legislature.

19.

1. (1) Any person who, -
   • (a) obstructs any officer/member authorized by the Managing Director in writing or other employee of the Board or any person authorized in this behalf by the State Government in the exercise of any power conferred, or in the discharge or any duty imposed, on him by or under this Act; or
   • (b) having control over or custody of any account book or other record, fails to produce such book or record when required to do so by or under this Act. shall be punishable with imprisonment, which may extend to six months, or with fine, which may extend to five thousand rupees, or with both.
2. (2) Who ever contravenes or attempts to contravene or abets the contravention of the provisions of this Act or any of the rules made thereunder other than the provisions contained in sub section
3. (1) aforesaid, shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to five thousand rupees or with both and in the case of continuing contravention with an additional fine which may extend to fifty rupees for every day during which such contravention continues.

20.

Delegation 21. The Board may, by general or special order in writing, delegate to the Chairman or any other member or to any officer of the Board, subject to such conditions and limitations if any, as may be specified in the order, such of its powers and functions under this Act (except the power under section 26) as it may deem necessary.

22. All members, officers and other employees 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.

23. No suit, prosecution or other legal proceeding shall lie against the Government, or the Board or any committee appointed by it, or any member of the Board or such committee, or any officer or employee of the Government or the Board or any other person authorized by the Government or the Board for anything which is in good faith done or intended to be done under this Act or the rules or regulations made thereunder.

24. Subject to any rule made in this behalf, any person, generally or specially authorized by the Managing Director may whenever it is necessary so to do, for any of the purposes of this Act, at all reasonable times, enter upon any land or premises and make any inspection or inquiry or do such other act or thing as may be prescribed: Provided that no such person shall enter any building, or any enclosed courtyard or garden attached to a dwelling-house (unless with the consent of the occupier thereof without preyiously giving such occupier atleast twenty-four hours' notice in writing of his intention to do so.

25 .(1) The Government may, by notification in the Andhra Pradesh Gazette, make rules to carry out the purpose of this Act.

1. (2) In particular and without prejudice to the generality of the foregoing power such rules may provide for all or any of the following matters, namely: -
   • (a) the number of members of the Board under sub-section
2. (4) of section 3;
   • (b) the term of office and other conditions of service of the members of the Board under sub-section
3. (5) of section 3 and section 7;
   • (c) the procedure to be followed for cariying out any or all of the functions contained in section 4;
   • (d) the powers and duties of the Chairman;
   • (e) the powers and duties of Managing director under section 5;
   • (f) the constitution of committees under section 6;
   • (g) the form in which, and the time at which, the Board shall prepare its budget under section 14 and its annual report under section 15;
   • (h) the manner in which the accounts of the Board shall be maintained and audited and date before which the audited copy of the accounts may be furnished to the State Government under section 16;
     • (i) the conditions and restrictions with respect to the exercise of the power to enter under section 24;
   • (j) any other matter which is to be, or may be, prescribed or in respect of which provision is to be, or may be, made by rule.

-1 26 .(1) The Board may, with the previous approval of the Government, by notification in the Andhra Pradesh Gazette, make regulations consistent with this Act and the rules generally to carry out the purposes of this Act.

1. (2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for the following matter, namely, the terms and conditions of service of the Administrative Officer and other officers and employees of the Board under section 5.