Chapter V MISCELLANEOUS

1. (1) Any body constituted under this Act may, with the previous sanction of the competent Authority raise resources required for carrying out the purposes for which it is constituted on security of any property belonging to it or on any fees leviable by it under this Act. Any such authority may for the purposes of meeting the initial expenditure on lands, buildings and equipment obtain a loan from the Government.
2. (2) The conditions under which such resources or loans shall be raised and the time within which the same shall be repayable shall be such as may be specified by the Competent authority.

1. (1) The President or any member of any body constituted under this Act, shall be liable for the loss, waste or mis-application of any money or other property belonging to such authority, if such loss, waste or mis-application is a direct consequence of his negligence or mis-conduct and a suit for compensation may be instituted against him in the court of competent jurisdiction by any officer authorised by the competent authority.
2. (2) Any suit shall be commenced within three years from the date on which the cause of action arose.

1. (1) As soon as may be after the commencement of this Act, competent authority may, in consultation with the Director of Marketing, direct by general or special order that such of the officers and other employees serving immediately before the commencement of this Act in connection with the affairs of the Central Market Fund shall be transferred to the Service of the Rashtra Parishad, Federation, Government or Government under the market committees to the service of the Parishad; Provided that the conditions of service applicable immediately before such commencement to any such person shall not be varied to his disadvantage.
2. (2) With effect on and from the dates specified in the order issued under sub-section
3. (1) the officers and other employees specified herein shall become the employees of the Rashtra Parishad or Parishad, as the case may be.

The Government may give such directions to any authority or body constituted under this Act as it may consider necessary in the interests of agricultural production, weaker sections of the society, and for ensuring self sufficiency of agricultural commodities in the state.

1. (1) All the bodies constituted under this Act shall maintain such books of account and other books in relation to accounts and other matters in such form and in such manner as may be laid down by the competent authority.
2. (2) Such accounts will be audited at such time and in such manner as may be specified by the competent authority and by such person as that authority may appoint in this behalf.
3. (3) As soon as the accounts are audited the concerned authority shall send in such manner as may be laid down by the competent authority a copy thereof together with a copy of the report of the audit relating thereto to the competent authority.

Every body constituted under this Act shall furnish to the competent authority such returns, accounts and other information with respect to its funds or activities as the said authority may require.

1. (1) If in the opinion of the competent authority the President of a Parishad or of a Federation wilfully omits or refuses to carry out its orders for the proper working of the concerned body or abuses his position or the powers vested in him, it may, by order, remove such President after giving him an opportunity for explanation.
2. (2) Where the President of any one of the aforesaid bodies is removed under sub-section (1), the vacancy shall, subject to the provisions of sub-section
3. (3) be filled by a fresh election in accordance with the provisions of this Act within the prescribed time.
4. (3) A President removed from office under this section shall not be eligible for re-election as President for a period of two terms from the date of removal.
5. (4) If the competent authority is satisfied that any member of a Parishad, Federation or Rashtra Parishad is guilty of any activities prejudicial to the interests of any one of the aforesaid bodies it may, by order, remove such member, after giving him an opportunity for explanation and any member so removed shall not be eligible for being a member of any of the aforesaid bodies for a period of two terms from the date of removal.
6. (5) If the competent authority is of the opinion that the President of a Parishad or Federation or Rashtra Parishad wilfully omitted or refused to carry out its orders for the proper working of the concerned body or abused his position or the powers vested in him, and that the further continuance of such person in office would be detrimental to the interests of the concerned body, it may, by order, suspend such President from office for a period not exceeding three months, pending investigation into the said charges and action thereon under the foregoing provisions of this section: Provided that it shall be competent for that authority to extend, from time to time, the period of suspension for such further period not exceeding three months, so however, that the total period of suspension shall not exceed six months.

A motion expressing want of confidence in the president or any other office-bearer of the Federation or Rashtra Parishad constituted under this Act may be made in such manner as may be prescribed.

1. (1) Where in the course of an audit of the accounts of any of the bodies constituted under this Act, it appears that any person who is or was entrusted with the affairs or management of the body or any officer or employee has misappropriated or fraudulently retained any money or any other property or has been guilty of breach of trust in relation to the body or has caused any deficiency in the assets of the body by breach of trust or wilful negligence or has made any payment contrary to the provisions of this Act, the rules or the bye-laws the competent authority may of his own motion or otherwise on an application from any person may enquire into the conduct of such person or officer or employee and make an order requiring him to repay or restore the money or property or any part thereof with interest at such rate as it thinks just or to contribute such sum to the assets of the body by way of compensation in respect of the misappropriation, misapplication of funds fraudulent retainer, breach of trust or wilful negligence as that authority may think just: Provided that no order shall be passed against any person referred to in this sub-section unless the person concerned has been given an opportunity of making his representation.
2. (2) Any sum ordered under this section to be repaid to anybody or recovered as a contribution to its assets may be recovered on a requisition being made in this behalf by the competent authority to the Collector, in the same manner as arrears of land revenue.
3. (3) This section shall apply notwithstanding that such person or Officer or employee may have incurred criminal liability by his act.

1. (1) Subject to the provisions of the Act and the rules made thereunder any body constituted under this Act may, with the previous approval of the competent authority make bye-laws for carrying out any of the purposes for which it is constituted.
2. (2) The Government shall have power to make rules regarding the procedure for making of bye-laws, the publication thereof and the date on which they shall come into force.

Any member of a Parishad who disobeys or contravenes or attempts to contravene or abets the contravention of any lawful directions given by the Parishad shall be punishable with a fine which may extend to rupees one thousand:

Cognizance and trial of offences No Court inferior to that of a Magistrate of the first class shall take cognizance of or try any offence punishable under this Act.

The competent authority may of its own motion, and shall, on the application of a body which is a member of another body, or of not less than one-third of the members of the executive committee or of not less than one-fifth of the total number of members of the body hold an inquiry or direct some person authorised by it by an order in this behalf to hold an inquiry into the working of the body.

Inspection The competent authority, may, of its own motion or otherwise inspect or direct any person authorised by it by general or special order in this behalf to inspect the books of any body constituted under this Act.

1. (1) If any dispute arises relating to the constitution, management or business of any body constituted under this Act, such dispute shall be referred to the competent authority for its decision.
2. (2) If any question arises whether a dispute referred to the competent authority under sub-section
3. (1) is a dispute relating to the constitution, management or business, such question shall be decided by the competent authority.
4. (3) The competent authority may on receipt of a reference under sub-section
5. (1) decide the dispute himself.
6. (4) Where the reference relating to a dispute involving immovable property, the competent authority may order that any person be joined as a party who has acquired any interest in such a property subsequent to the acquisition of the interest therein by a party to the reference and any decision that may be passed on the reference by the competent authority shall be binding on the party so joined as if he were an original party to the reference.
7. (5) The competent authority shall decide the dispute in accordance with such rules as may be made in this behalf and any such decision shall be final.

Revision

1. (1) The competent authority may of its own motion or on an application made to it call for and examine the record of any officer subordinate to it and the Government may of their own motion or on application made to them, call for and examine the record of the competent authority in respect of any proceeding to satisfy itself or themselves as to the regularity of such proceeding, or the correctness, legality or propriety of any decision passed or order made therein; and, if, in any case, it appears to the competent authority or the Government that any such decision or order should be modified, annulled, reversed or remitted for reconsideration, it or they may pass orders accordingly Provided that every application to the competent authority or the Government for the exercise of their power under this section shall be preferred within ninety days from the date on which the proceeding, decision or order to which the application relates was communicated to the applicant.
2. (2) No order prejudicial to any person shall be passed under sub-section
3. (1) unless such person has been given an opportunity of making his representation.
4. (3) The competent authority or the Government, as the case may be, may suspend the execution of the decision or order pending the exercise of its or their power under sub-section
5. (1) in respect thereof
6. (4) The competent authority or the Government may award costs in the proceedings under this section to be paid either out of the funds of the body or by such party to the application for revision as the competent authority or the Government may deem fit.

1. (1) The Government may, by notification, make rules for carrying out the purposes of this Act.
2. (2) Every rule made under the Act shall immediately after it is made, be laid before the Legislative Assembly 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 Legislative Assembly agrees in making any modification in the rules 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.

If any difficulty arises in giving effect to the provisions of this Act, the Government, as occasion may require, may by order to do anything which appears to them to be necessary for the purposes of removing the difficulty.

Notwithstanding anything in the Andhra Pradesh (Agricultural Produce and Livestock) Markets Act, 1966 (hereinafter in this section referred to as the Market Act), all the Members and Chairman of every Market Committee who are holding offices at the commencement of this Act, shall continue to hold their offices as such only, until the concerned Market Committee is re-constituted in accordance with the provisions of section 5 of the Markets Act, as amended by this Act.

In the Andhra Pradesh (Agricultural Produce and Livestock) Markets Act, 1966:-

1. (1) for sections 5 and 6, the following sections shall be substituted, namely :- "5.
2. (1) Every Market Committee shall consist of,-
   • (i) the President of the Mandala Karshaka Parishad constituted under section 11 of the Andhra Pradesh Rashtra Karshaka Parishad and Allied Bodies Act, 1987, who shall be the Chairman ;
   • (ii) the members of the Executive Committee of the Mandala Karshaka Parishad referred to in Clause
   • (i) ;
   • (iii) such number of traders not exceeding two, belonging to such categories as may be specified by Government in this behalf."
3. (2) in section 15 after clause (xii), the following clause shall be inserted, namely :- "(xii-a) for the purposes of the Andhra Pradesh Rashtra Karshaka Parishad and Allied Bodies Act, 1987."
4. (3) in section 16 of sub-section (1), the following proviso shall be added, namely :- " Provided that it shall be competent for the Director of Maketing to grant postponement of the payment of contribution or reduction or remission thereof in respect of any newly constituted market committee upto a period of three years from the date of its constitution."
5. (4) After section 32, the following section shall be inserted, namely :- "32-A. Notwithstanding anything contained in this Act, in respect of the markets in the notified Market area within the limits of any local area or city for which a Municipality or, as the case may be, a Municipal Corporation is constituted and the population of growers of agricultural produce within the Mandal Comprised or falling in such local area or city is comparatively less, it shall be lawful for the competent authority,-
   • (a) to determine in the manner prescribed the composition of the market committee of such market; and
   • (b) the manner in which its income and expenditure should be shared among the Mandala Karshaka Parishad situate in such local area or city whose members conduct their marketing operation in such notified Market area : Provided that the Government shall have the power to nominate the chairman and Members of such Committee under this section."
6. (5) in section 33, in sub-section
7. (2) clause (i),
   • (ii) and
   • (iii) shall be omitted.

In the Andhra Pradesh Mandala Praja Parishad, Zilla Praja Parishad and Zilla Pranalika, Abhivrudhi Mandal Act, 1986.

1. (1) in section 10, after clause
   • (k) the following clause shall be added, namely :- "(1) is disqualified to continue as a President or Member of any body constituted under the Andhra Pradesh Rashtra Karshaka Parishad and Allied Bodies Act, 1987.
2. (2) In section 51, in sub-section (1), in clause
   • (i) the words "Food and Agriculture Including" shall be omitted.
3. (3) in the Schedule, item 2 shall be omitted.

In the Andhra Pradesh Co-operative Societies Act, 1964,-

1. (1) in sub-section (1-A) of section 21-A, after the words "Chairman of a Zilla Parishad" wherever they occur, the words "President of the Mandala Karshaka Parishad" shall be inserted ;
2. (2) after section 131, the following section shall be inserted, namely : "131-A. Notwithstanding anything contained in this Act, it shall be competent for any body constituted under the Andhra Pradesh Rashtra Karshaka Parishad and Allied Bodies Act, 1987 to give directions to such societies as may be notified by the Government which shall be complied with".