The Andhra Pradesh Rashtra Karshaka Parishad and Allied Bodies and the Andhra Pradesh (Agricultural Produce and Livestock) Markets (Amendment) Act, 1988

( 1 ) This Act may be called the Andhra Pradesh Rashtra Karshaka Parishad and Allied Bodies and the Andhra Pradesh (Agricultural Produce and Livestock) Markets (Amendment) Act, 1988.

1. (2) It shall be deemed to have come into force on the 10th March, 1988.

In the Andhra Pradesh Rashtra Karshaka Parishad and Allied Bodies Act, 1987-

1. (1) in section 3,-
   • (a) in sub-section (1),-
     • (i) in clause (i), for the words "by the Presidents of all Federations in the State" the words "by the members of the Rashtra Parishad from among themselves", shall be substituted;
     • (ii) after clause (ii), the following shall be added namely:- "(iii) five Presidents of the Executive Committee of the Parishad to be elected from among themselves by all such Presidents in the State in the manner prescribed, who shall be members: Provided that the President of a Federation or, as the case may be, the President of the Executive Committee of a Parishad who is elected as President of the Rashtra Parishad shall cease to be the President of such Federation or as the case may be of the Executive Committee of the Parishad;";
   • (b) to sub-section (2), the words "or as the case may be a President of the Executive Committee of the Parishad" shall be added at the end;
2. (2) in section 7, in sub-section (1), for the words "for each notified commodity", the words "for each notified commodity or group of notified commodities" shall be substituted;
3. (3) in section 11, in the proviso, for the words " provided that", the words "Provided also that" shall be substituted and before the proviso as so amended, the following proviso shall be added, namely :- " Provided that the persons referred to in clauses
   • (i) and
4. (3) who fail to pay the fee levied under clause
   • (vi) of section 16 shall not be members of the Parishad: Provided further that persons who being owners of agricultural lands in the Mandal concerned are not personally engaged in agricultural operations and such of the operations as are referred to in clause
   • (ii) of sub-section (1), whether or not registered as voters under the Representation of Peoples Act, 1950 in the Mandal concerned, shall also be eligible to become members of the Parishad on payment of the fees levied under clause
   • (vi) of section 16 but they shall not be entitled either to contest as a candidate or vote at the elections to the office of Member of the Executive Committee or to the office of President thereof; but such members shall be entitled to all other privileges to which a member of the Parishad is otherwise entitled.";
5. (4) in section 14, after the words "shall be elected", the words, "subject to the provision of section 11" shall be added;
6. (5) after section 14, the following section shall be inserted, namely:- "14-A. Any person who incurs the disqualification under sub-section
7. (3) of section 9 of the Andhra Pradesh (Agricultural Produce and Livestock) Markets Act, 1966 and ceases to be the Chairman of the Market Committee shall also cease to hold the office of President of the Parishad.";
8. (6) in section 16, for clause (vi), the following clause shall be substituted, namely:- "(vi) to levy such fee on its members as may be prescribed.";
9. (7) in section 17, after clause (iv), the following clause shall be inserted, namely:- "(v) the surplus accrued by the trading activities of the Parishad.";
10. (8) in section 23, to sub-section (3), the following shall be added at the end, namely:- "The President of the Rashtra Parishad, the Executive Committee of the Mandala Karshaka Parishad and the Commodity Federation shall place a copy of the audit report within a period of six months of its receipt, before the Parishad in the case of Rashtra Parishad, the Executive Committee in the case of the Parishad and the General Body in the case of the Federation.";
11. (9) in section 25 of the principal Act,-
    • (i) in sub-section (1), for the words "the President of a Parishad or of a Federation", the words "the President of Executive Committee of a Parishad or the President of a Federation", shall be substituted;
    • (ii) for sub-section (4), the following sub-section shall be substituted, namely:- "(4)
    • (a) If the competent authority is satisfied that-
      • (i) any member of the Rashtra Parishad referred to in clauses
      • (i) and
      • (iii) of sub-section
12. (1) of section 3; or
    • (ii) any elected delegate or a member of the executive committee of a Federation referred to in sub-sections
13. (2) and
14. (3) respectively of section 7; or
    • (iii) any member of the executive Committee of a Parishad referred to in sub-section
15. (2) of section 11; 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.
    • (b) where an office bearer referred to in clause
    • (a) is removed from office under this sub-section, the vacancy shall, subject to the provisions of clause (c), be filled by a fresh election in accordance with the provisions of this Act, within the prescribed time.
    • (c) any delegate or member removed from office under clause
    • (a) shall not be eligible for being a delegate or member of any of the aforesaid bodies for a period of two terms from the date of such removal.";
      • (iii) in sub-section
16. (5) for the words "the President of a Parishad or Federation" the words "the President of the executive committee of a Parishad or the President of a Federation" shall be substituted.
17. (10) after section 25 of the principal Act, the following section shall be inserted, namely:- "25-A
18. (1) where for any reason,-
    • (i) there is delay in the constitution of,-
    • (a) the Rashtra Parishad; or
    • (b) the general body or the executive committee of a Federation, or
    • (c) the executive committee of a parishad; or
      • (ii) where the bodies referred to in clause
19. (1) do not exist for any reason; the competent authority may appoint a person or persons to manage the affairs of the Rashtra Parishad or as the case may be the Federation or of the Parishad for a period not exceeding six months and the competent authority may extend from time to time such period beyond six months; so however that the aggregate period including the extended period, if any, shall not exceed two years: Provided that it shall be lawful for the Competent Authority to remove the person or persons so appointed before the expiry of the term and appoint another person or persons in his or in their place.
20. (2) The person or persons so appointed shall, subject to the control of the Competent Authority and to such instructions or directions as they may issue, from time to time, exercise the powers, discharge the duties, and perform the functions of the Rashtra Parishad, Federation or as the case may be the Parishad and take all such actions as may be required in the interests of the concerned body.
21. (3) The Competent Authority may fix the remuneration payable to the person or persons so appointed. The amount of such remuneration and other costs if any, incurred in the management of the Parishad shall be payable from the fund of the Rashtra Karshaka Parishad, or as the case may be from the monies of the Federation or Parishad.".

In the Andhra Pradesh Rashtra Karshaka Parishad and Allied Bodies Act, 1987-

1. (1) in section 3,-
   • (a) in sub-section (1),-
     • (i) in clause (i), for the words "by the Presidents of all Federations in the State" the words "by the members of the Rashtra Parished from among themselves", shall be substituted;
     • (ii) after clause (ii), the following shall be added namely:- "(iii) five Presidents of the Executive Committee of the Parishad to be elected from among themselves by all such Presidents in the State in the manner prescribed, who shall be members: Provided that the President of a Federation or, as the case may be, the President of the Executive Committee of a Parishad who is elected as President of the Rashtra Parishad shall cease to be the President of such Federation or as the case may be of the Executive Committee of the Parishad;
   • (b) to sub-section (2), the words "or as the case may be a President of the Executive Committee of the Parishad" shall be added at the end;
2. (2) in section 7, in sub-section (1), for the words "for each notified commodity", the words "for each notified commodity or group of notified commodities" shall be substituted;
3. (3) in section 11, in the proviso, for the words " provided that", the words "Provided also that" shall be substituted and before the proviso as so amended, the following proviso shall be added, namely :- " Provided that the persons referred to in clauses
   • (i) and
   • (ii) who fail to pay the fee levied under clause
   • (vi) of section 16 shall not be members of the Parishad: Provided further that persons who being owners of agricultural lands in the Mandal concerned are not personally engaged in agricultural operations and such of the operations as are referred to in clause
   • (ii) of sub-section (1), whether or not registered as voters under the Representation of Peoples Act, 1950 in the Mandal concerned, shall also be eligible to become members of the Parishad on payment of the fees levied under clause
   • (vi) of section 16 but they shall not be entitled either to contest as a candidate or vote at the elections to the office of Member of the Executive Committee or to the office of President thereof; but such members shall be entitled to all other privileges to which a member of the Parishad is otherwise entitled.";
4. (4) in section 14, after the words "shall be elected", the words, "subject to the provisions of section 11" shall be added;
5. (5) after section 14, the following section shall be inserted, namely:- "Disqualification. 14-A. Any person who incurs the disqualification under sub-section
6. (3) of section 9 of the Andhra Pradesh (Agricultural Produce and Livestock) Markets Act, 1966 and ceases to be the Chairman of the Market Committee shall also cease to hold the office of President of the Parishad.";
7. (6) in section 16, for clause (vi), the following clause shall be substituted, namely:- "(vi) to levy such fee on its members as may be prescribed.";
8. (7) in section 17, after clause (iv), the following clause shall be inserted, namely:- "(v) the surplus accrued by the trading activities of the Parishad.";
9. (8) in section 23, to sub-section (3), the following shall be added at the end, namely:- 'The President of the Rashtra Parishad, the Executive Committee of the Mandala Karshaka Parishad and the Commodity Federation shall place a copy of the audit report within a period of six months of its receipt, before the Parishad in the case of Rashtra Parishad, the Executive Committee in the case of the Parishad and the General Body in the case of the Federation.';
10. (9) in section 25 of the principal Act,-
    • (i) in sub-section (1), for the words "the President of a Parishad or of a Federation", the words "the President of Executive Committee of a Parishad or the President of a Federation", shall be substituted;
    • (ii) for sub-section (4), the following sub-section shall be substituted, namely:- "(4)
    • (a) If the competent authority is satisfied that-
      • (i) any member of the Rashtra Parishad referred to in clauses
      • (i) and
      • (iii) of sub-section
11. (1) of section 3; or
    • (ii) any elected delegate or a member of the executive committee of a Federation referred to in sub-sections
12. (2) and
13. (3) respectively of section 7; or
    • (iii) any member of the executive Committee of a Parishad referred to in sub-section
14. (2) of section 11; 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.
    • (b) where an office bearer referred to in clause
    • (a) is removed from office under this sub-section, the vacancy shall, subject to the provisions of clause (c), be filled by a fresh election in accordance with the provisions of this Act, within the prescribed time.
    • (c) any delegate or member removed from office under clause
    • (a) shall not be eligible for being a delegate or member of any of the aforesaid bodies for a period of two terms from the date of such removal.".
      • (iii) in sub-section
15. (5) for the words "the President of a Parishad or Federation" the words "the President of the executive committee of a Parishad or the President of a Federation" shall be substituted.
16. (10) after section 25 of the principal Act, the following section shall be inserted, namely;- "Management of Rashtra Parishad, the executive committee and the Federation and Parishad in certain circumstances. 25-A
17. (1) where for any reason,-
    • (i) there is delay in the constitution of,-
    • (a) the Rashtra Parishad; or
    • (b) the general body or the executive committee of a Federation, or
    • (c) the executive committee of a parishad; or
      • (ii) where the bodies referred to in clause
18. (1) do not exist for any reason; the competent authority may appoint a person or persons to manage the affairs of the Rashtra Parishad or as the case may be the Federation or of the Parishad for a period not exceeding six months and the competent authority may extend from time to time such period beyond six months; so, however that the aggregate period including the extended period, if any, shall not exceed two years: Provided that it shall be lawful for the Competent Authority to remove the person or persons so appointed before the expiry of the term and appoint another person or persons in his or in their place.
19. (2) The person or persons so appointed shall, subject to the control of the Competent Authority and to such instructions or directions as they may issue, from time to time, exercise the powers, discharge the duties, and perform the functions of the Rashtra Parishad, Federation or as the case may be the Parishad and take all such actions as may be required in the interests of the concerned body.
20. (3) The Competent Authority may fix the remuneration payable to the person or persons so appointed. The amount of such remuneration and other costs if any, incurred in the management of the Parishad shall be payable from the fund of the Rashtra Karshaka Parishad, or as the case may be from the monies of the Federation or Parishad.".

The Andhra Pradesh Rashtra Karshaka Parishad and Allied Bodies and the Andhra Pradesh (Agricultural Produce and Livestock) Markets (Amendment) Ordinance, 1988 is hereby repealed.