LexThe ANDHRA PRADESH PULSES BOARD ACT, 2020
Andhra Pradesh · state statute
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THE ANDHRA PRADESH PULSES BOARD ACT, 2020
ACT No.7 OF 2020
ARRANGEMENT OF SECTIONS
SECTIONS
CHAPTER – I
PRELIMINARY
1. Short title, extent and Commencement
2. Definitions
CHAPTER – II
THE PULSES BOARD
3. Establishment and constitution of the Board
4. Functions of the Board
5.Officers of the Board and other staff
6. Committees of the Board
7. Salary and allowances and the conditions of service of
Chairman and allowances of members
8. Resignation of Members
9. Dissolution of the Board
CHAPTER – III
FINANCE, ACCOUNTS AND AUDIT
10. Revenues of the Board
11. Constitution of the Pulses Fund
12. Borrowing powers of the Board
13. Writing of losses
14. Budget
15. Annual Report
16. Accounts and Audit
CHAPTER – IV
CONTROL BY STATE GOVERNMENT
17. Directions by Government
18. Returns and Reports
CHAPTER – V
MISCELLANEOUS
19. Penalties for obstructing an officer or member of the
Board in discharge of his duties and for failure to produce
books and records etc.,
20. Previous sanction of the Government
21. Delegation
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22. Members, officers and employees of the Board to be
public servants
23. Protection of action taken in good faith
24. Power to Inspection or inquiry
25. Power to make rules
26. Power to make regulations
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THE ANDHRA PRADESH PULSES BOARD ACT, 2020
ACT No.7 OF 2020
(3rd January, 2020)
AN ACT TO PROVIDE FOR THE DEVELOPMENT UNDER THE
CONTROL OF THE STATE GOVERNMENT, OF THE PULSES
CROP AND PULSES INDUSTRY AND FOR MATTERS
CONNECTED THEREWITH AND INCIDENTALTHERETO.
Be it enacted by the Legislature of the State of Andhra
Pradesh in the Seventieth Year of the Republic of India as
follows:
CHAPTER – I
PRELIMINARY
1. Short title, extent and Commencement - (1) This Act may be called
the Andhra Pradesh Pulses Board Act, 2019.
(2) It extends to the whole of the State of Andhra Pradesh.
(3) It shall come into force on such date as the State Government
may, by notification in the Andhra Pradesh Gazette, appoint.
2. Definitions - In this Act, unless the context otherwise requires,-
(a) “administration” means administration for the purpose of
achieving the objectives of the Act;
(b) “Board” means the Pulses Board established under
section 3;
(c) “Chairman” means the Chairman of the Board appointed
under section 3;
(d) “dealer” means a dealer in Pulses;
(e) “Government” means the State Government of Andhra
Pradesh
(f) “Managing Director” means the Managing Director of the
Board appointed under section 3;
(g) “member” means a member of the Board appointed under
section 3 and includes the Chairman;
(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 vari ous Leguminous
plants that are cooked and eaten;
(j) “prescribed” means prescribed by rules made under this
Act;
(k) “processor” means a person who processes the Pulses
with the intention of adding value to the crop;
(l) “trader” means a person who is buying or selling Pulses in
the state of Andhra Pradesh;
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CHAPTER – II
THE PULSES BOARD
3. Establishment and constitution of the Board - (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) 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) The Head Office of the Board shall be located at such place as
the Government may specify.
(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 (1) Chairman of the Agr icultural 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 (3) representatives of Pulses farm ing community to
be spread across the State;
(p) Three (3) representatives from Agro Industries / Pulses
Processing Industry / Exporters / Experts/N on-Government
Organisations (NGO’s) / Foundations in the State;
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(q) The Chief Operating Officer (COO) of the Board;
(r) Four (4) Chief Technical Officers (CTO) of the Board;
(s). Vice Chancellor of Agricultural University of the State of
Andhra Pradesh or his representative;
(t) Two (2) members to be appointed by the Government to
represent such other interests connected with the Pulses
industry as, in the opinion of th e Government, ought to be
represented;
(u) One (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.
(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.
(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.
(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. The chairman shall
preside over the meetings of the Board.
4. Functions of the Board - (1) It shall 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) Without prejudice to the generality of the provisions of sub -
section (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 th e
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 Pulses industry;
(c) encourage organic production of Pulses;
(d) recommending measures for improving the marketing of
Pulses and its products in India including but not limited to
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providing storage facilities, value addition, integration with
national markets;
(e) adopting such measures as may be practicable for
assisting Pulses growers to get incentive prices including
recommending, as and when necessary, minimum and
maximum prices for Pulses and its products;
(f) develop, promote and regulate export of Pulses and its
products;
(g) implementing suitable quality standards and introduce
certification of quality through “Quality Marking” for Pulses
for export;
(h) collecting statistics from growers, traders, processor of
Pulses and manufacturer of Pulses products and such other
persons and institutions as may be prescribed, on any
matter relating to Pulses industry;
(i) fixing grades, specifications and standards for Pulses and
its products;
(j) undertaking such publicity and publishing such
periodicals, books or bulletins, on the research and
development of Pulses and its products, as may be found
necessary;
(k) assist and encourage studies and research for
improvement of productivity, processing, quality, techniques
of grading and packaging of Pulses and their products;
(l) such other measures as may, having regard to the
purposes of this Act, be prescribed by the Government;
(m) in doing the above functions, the board shall work in
close liaison with other national and State Government
agencies so that there is no duplication of efforts.
(3) The Board shall perform its functions under this section in
accordance with, and subject to, such rules as may be made by the
Government.
5. Officers of the Board and other staff - (1) The Managing Director
shall be the Chief Executive Officer of the Board and he is responsible of
administration.
(2) The Managing Director shall be responsible for implementation
of the decision of the Board and shall exercise such powers and perform
such duties as may be prescribed or as may be delegated to him by the
Board. He shall have the right to attend the meetings of the Board and
its committees appointed under section 6 and take part in the
proceedings thereof.
(3) The Government shall appoint an Administrative Officer to the
Board who shall exercise such powers and perform such duties as may
be prescribed or as may be delegated to him by the Managing Director.
(4) The Managing Director and the Administrative Offic er shall be
entitled to such salar ies and allowances and shall be subject to such
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conditions of service in respect of leave, pension, provident fund and
other matters as may, from time to time, be fixed by the Government.
(5) Subject to such control and restrictions as may be prescribed,
the Board may appoint such other officers and employees as may be
necessary for the efficient performance of its functions and the method of
appointment, the conditions of service and the scales of pay and
allowances of s uch other officers and employees of the Board shall be
such as may be provided by the Board with the approval of the
Government.
6. Committees of the Board - (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) The Board shall have the power to co -opt as members of any
committee appointed under sub-section (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.
(3) The persons co -opted as members of a committee under sub -
section (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. Salary and allowances and the conditions of service of Chairman
and allowances of members - (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) The members of the Board shall receive such allowances as may
be fixed by the State Government.
8. Resignation of Members - A member may resign from his office by
giving notice thereof in writing to the Government and on such
resignation being accepted, he shall be deemed to have vacated his office.
9. Dissolution of the Board - (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) When the Board is dissolved under sub-section (1) aforesaid,-
(a) all members, not withstanding 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
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behalf and their remuneration sha ll 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.
CHAPTER – III
FINANCE, ACCOUNTS AND AUDIT
10. Revenues of the Board - (1) The Board may levy fee on the farmers,
dealers, traders, processors, manufacturers, or any such person for the
extension or market or export services rendered by the Board. The
quantum of levy shall be decided with the prior approval of the State
Government.
(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. Constitution of the Pulses Fund - (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 (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.
(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 organizatio n 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.
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12. Borrowing powers of the Board - (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) The Government may guarantee the repayment of the money
borrowed by the Board under sub-section (1) aforesaid and the payment
of interest thereon and other incidental charges.
13. Writing of losses - 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. Budget - 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. Annual Report - 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. Accounts and Audit - (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) 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.
(3) The Andhra Pradesh Audit department and any person
appointed by them in connection with the audit of the accounts of the
Board shall have the same rights and privileges and authority in
connection with such audit as the Andhra Pradesh Audit department
generally has in connection with the audit of the Government accounts
and, in particular, shall have the right to demand the production of
books of accounts connected vouchers and other documents and papers
and to inspect any of the offices of the Board.
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(4) The accounts of the Board as certified by the Andhra Pradesh
State Audit department or any other person appointed by them in this
behalf together with the audit report thereon shall be forwarded annually
to the Govern ment and th e Government shall cause the same to be laid
before each House of Legislature of the State.
CHAPTER – IV
CONTROL BY STATE GOVERNMENT
17. Directions by Government - (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.
(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. Returns and Reports - (1) The Board shall furnish to the
Government at such tim e 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) 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) Without prejudice to the provisions of sub-section (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.
(4) A copy of the report received under sub -section (3) aforesaid,
shall be laid, as soon as may be, after it is received, before State
Legislature.
CHAPTER – V
MISCELLANEOUS
19. Penalties for obstructing an officer or member of the Board in
discharge of his duties and for failure to produce books and records
etc., - (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.
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shall be punishable with imprisonment, which may extend to
six months, or with fine, which may extend to f ive thousand
rupees, or with both.
(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 (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 extent to fifty rupees for every day dur ing
which such contravention continues.
20. Previous sanction of the Government - No prosecution for any
offence punishable under this Act shall be instituted except with the
previous sanction of the Government.
21. Delegation - 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. Members, officers and employees of the Board to be public
servants - All members, officers and other employees of the Board shall
be deemed, when acting or purporting to act in pursuance of any of th e
provisions of this Act, to be public servants within the meaning of section
21 of the Indian Penal Code (Act 45 of 1860).
23. Protection of action taken in good faith - 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 b y 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. Power to Inspection or inquiry - Subject to any rule made in the
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 previously giving such
occupier atleast twenty-four hours’ notice in writing of his intention to do
so.
25. Power to make rules - (1) The Government may, by notification in
the Andhra Pradesh Official Gazette, make rules to carry out the purpose
of this Act.
(2) In particular and w ithout prejudice to the generality of the
foregoing power such rules may provide for all or any of the following
matters, namely:-
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(a) the number of members of the Board under
sub-section (4) of section 3;
(b) the term of office and other conditions of service of the
members of the Board under sub-section (5) of section 3 and
section 7;
(c) the procedure to be followed for carrying 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 1 4 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.
26. Power to make regulations - (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.
(2) In particular and without prejudice t o 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.