The Andhra Pradesh State Agricultural Council Act, 2020.

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THE ANDHRA PRADESH STATE AGRICULTURAL COUNCIL ACT, 2020
ACT No. 38 of 2020
ARRANGEMENT OF SECTIONS
SECTIONS
CHAPTER-I
PRELIMINARY
1. Short title, extent and commencement
2. Definitions
CHAPTER-II
ANDHRA PRADESH STATE AGRICULTURAL COUNCIL
3. Establishment and composition of the Council
4. Incorporation of the Council
5. Mode of Election
6. Term of Office of President, Vice-President and members
7. Cessation of Membership
8. Casual Vacancy
9. Resignation
10. Meetings of the Council
11. Meetings of the General Body of the Council
12. Vacancies in the Council not to invalidate acts, etc.
13. Executive Committee
14. Appointment of Secretary and other officers and employees
15. Other committees
16. Fees and Allowances
17.Recognition of Agricultural/Horticultural Qualifications
18. Recognition of agricultural/Horticultural qualifications when
there is scheme of reciprocity
19. Recognition of agricultural/Horticultural qualifications when
there is no scheme of reciprocity
2 0 . P o w e r t o r e q u i r e i n f o r m a t i o n a s t o c o u r s e s o f s t u d y a n d
examinations
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21. Inspection of agricultural institutions and examinations
22. Withdrawal of recognition
23. Minimum standards of agricultural/Horticultural education
CHAPTER-III
ANDHRA PRADESH STATE AGRICULTURAL/HORTICULTURAL
PRACTITIONERS REGISTER
24. Andhra Pradesh State Agricultural/Horticultural Practitioners
Register
25. Preparation of the first register
26. Registration in the register and issue of certificate
27. Registration of additional qualification
28. Renewal of registration
29. Removal of name from the register
3 0 . P e r s o n e n r o l l e d o n t h e r e g i s t e r t o i n f o r m c h a n g e o f p l a c e o f
residence or practice
CHAPTER-IV
PRIVILEGES OF REGISTERED AGRICULTURAL/HORTICULTURAL
PRACTITIONERS
31. Privileges of person whose name is entered in the register
32. Right of person whose name is entered in the register
CHAPTER-V
DISCIPLINE
33. Professional conduct
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CHAPTER-VI
PENALTIES
34. Penalty for falsely claiming to be registered
35. Misuse of Titles
36. Failure to surrender certificate of registration
37. Cognizance of offence
CHAPTER – VII
FINANCE, ACCOUNTS, AUDIT AND RETURNS
38. Finance, Accounts, Audit and Returns
39. Information to be furnished by the Council and Publication
thereof
CHAPTER-VIII
MISCELLANEOUS
40. Bar of Jurisdiction
41.  Protection of action taken in good faith
42.  Power to remove difficulties
43. Power of Government to give directions
44. Officers to be public servants
45. Appointment of Commission
46. Power to make rules
47. Power to make regulations
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THE ANDHRA PRADESH STATE AGRICULTURAL COUNCIL ACT, 2020
ACT No. 38 of 2020
(28th December, 2020)
AN ACT TO PROVIDE FOR THE CONSTITUTION OF THE ANDHRA
PRADESH STATE AGRICULTURAL COUNCIL FOR THE PURPOSE OF CO-
ORDINATION AND DETERMINATION OF STANDARDS OF EDUCATION IN
THE FIELD OF AGRICULTURE/HORTICULTURE, TO REGULATE THE
AGRICULTURAL/HORTICULTURAL PROFESSIONAL PRACTICES AND FOR
THE MAINTENANCE OF REGISTER OF QUALIFIED PERSONS ENGAGED IN
AGRICULTURE AND HORTICULTURE IN THE STATE OF ANDHRA
PRADESH AND FOR MATTERS CONNECTED THEREWITH OR INCIDENTAL
THERE TO.
Be it enacted by the Legislature of the State of Andhra Pradesh in the Seventy
First 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 State Agricultural Council Act, 2020.
(2)It extends to the whole of the State of Andhra Pradesh.
( 3 ) I t s h a l l c o m e i n t o f o r c e o n s u c h d a t e a s t h e G o v e r n m e n t m a y , b y
notification, in the Andhra Pradesh Gazette, appoint.
2. Definitions – In this Act, unless the context otherwise requires,-
(1) “Agricultural/Horticulture Institution” means any institution
r e c o g n i z e d b y a n U n i v e r s i t y o r a c c r e d i t e d b y I n d i a n C o u n c i l f o r A g r i c u l t u r e
Research;
(2) “Agricultural/Horticulture Practitioner” means a person possessing
the qualification as specified in the Schedule;
(3) “Agricultural/Horticulture Profession” meansa person whose
occupation directly or indirectly related to Agriculture/Horticulture;
(4) “Agricultural/ Horticultural Project” means specific programme of
work pertaining to agriculture or horticulture with well-defined objectives and
programme of action with time-frame, along with financial implication;
(5) “Agricultural/ Horticulture Qualification” means any of the
qualifications specified in the Schedule which is granted by the
Universities/Institutions specified therein and the qualifications declared by
Government under section 17 and 18.
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(6) “Agricultural / Horticulture Research” means carrying out research in
any branch/aspect of Agriculture/Horticulture;
(7) “Committee” means the executive committee or other committees
constituted by the Council under section 13 and 15;
( 8 ) “ C o u n c i l ” m e a n s t h e A n d h r a P r a d e s h S t a t e A g r i c u l t u r a l C o u n c i l
established under section 3 of this Act;
(9) “Ethics” means moral principles binding under given circumstances;
(10) “Etiquette” means certain dignity attached to the post or person;
(11) “Extension” means the process of channeling research results to the
farm and complying its execution;
(12) “Government” means Government of Andhra Pradesh;
(13) “Member” means the member of the Council;
(14) “Plant Doctor” means an Agricultural/Horticultural practitioner
registered under this Act;
(15) “Prescribed” means prescribed by rules made under this Act;
(16) “President” means a person elected as such by the members of the
council;
(17) “Private Consultancy” means consultancy services offered by
registered Agricultural/Horticultural Practitioners on self-employment basis;
(18) “Register” means the Andhra Pradesh State Agricultural
/Horticultural Practitioners Register maintained under section 24;
(19) “Regulation" means a regulation made under section 47 of this Act;
(20) ‘Research’’ means any activity connected to agriculture/horticulture
for improving crop productivity;
(21) “Rules" means rules made under section 46 of this Act;
(22) “Schedule” means Schedule appended to this Act;
(23) “Secretary" means a person appointed by the Executive Committee
under section 14;
(24) “Standing Committee" means the Committee appointed by the
Executive Committee conferring certain responsibilities to be carried out on
behalf of the Council;
(25) “Teaching" means imparting knowledge to the concerned persons in
the field of Agriculture/ Horticulture;
(26) ‘Training Institute" means the institution imparting knowledge to the
concerned person in any aspect in the field of Agriculture / Horticulture;
(27) “Vice-President" means a person elected as such by the Members of
theCouncil.
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CHAPTER-II
ANDHRA PRADESH STATE AGRICULTURAL COUNCIL
3. Establishment and composition of the Council - (1)The Government may,
by notification, establish a Council to be called the Andhra Pradesh State
Agricultural Council.
(2) The Council shall consist of the following Members, namely :-
(i) President
(ii) Vice-President
( i i i ) T w e n t y m e m b e r s t o b e e l e c t e d f r o m a m o n g t h e
Agricultural/Horticulture practitioners registered in the State.
(iv) Registrars/Deans of Faculty of Agriculture/Horticulture from
Acharya N.G Ranga Agricultural University, LAM, Guntur and
Y.S.R. Horticulture University, Venkataramannagudem, West
Godavari District respectively, shall be the Ex-officio members.
(v) One Officer from the Agricultural Department not below the
ran k of J o in t D i rec to r o f A g ri cu l tu r e a n d o n e r ep r es en ta tiv e f ro m
t h e A n d h r a P r a d e s h A g r i c u l t u r a l O f f i c e r s A s s o c i a t i o n a n d o n e
Officer from Horticulture Department not below the rank of Deputy
Director of Horticulture and one representative from Andhra
Pradesh Horticulture Officers Association to be nominated by the
concerned departments - Ex-officio members.
(vi) Representative from the Indian Council of Agriculture Research
(ICAR)-DDG (Education) – Ex-officio;
( v i i ) R e p r e s e n t a t i v e f r o m t h e N a t i o n a l I n s t i t u t e o f A g r i c u l t u r e
Extension Management (MANAGE) Hyderabad (DG or his nominee
not below the rank of Joint Director)-Ex-Officio;
( v i i i ) O n e l e a d i n g A g r i c u l t u r a l E n t r e p r e n e u r w i t h b a s i c d e g r e e i n
Agriculture/Horticulture to be nominated by the Executive
Committee-Ex-officio;
(ix) Secretary of the State Agricultural Council – Ex-officio.
(3) The President and Vice-President of the Council shall be elected by
the members of the Council from among themselves.
( 4 ) T h e n a m e s o f p e r s o n s n o m i n a t e d o r e l e c t e d a s m e m b e r s o f t h e
Council including the President and Vice-President shall be notified by the
Government in the Andhra Pradesh Gazette.
(5) Whenever there is vacancy in the office of the President, the Vice-
President shall discharge the functions of the President.
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4. Incorporation of the Council – The Council shall be a body corporate by
the name of the Andhra Pradesh State Agricultural Council, having perpetual
succession and a 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 or be sued.
5 . M o d e o f E l e c t i o n –The elections provided for under Section 3 shall be
conducted in the prescribed manner.
6. Term of office of President, Vice-President and members – (1) The
President or Vice-President shall hold office for a term not exceeding four years
and not extending beyond the expiry of his term as a member.
(2) Subject to the provisions of sub-section (1), a member shall hold office
for a term of four years from the date of his election or nomination as the case
may be, to the Council:
Provided that such a member shall notwithstanding the expiry of the said
p e r i o d o f f o u r y e a r s c o n t i n u e t o h o l d o f f i c e u n t i l h i s s u c c e s s o r i s e l e c t e d o r
nominated.
(3) Member of the Council shall be eligible for re-nomination or re-
election.
(4) Where the term of four years in respect of any member of the Council
is about to expire, a successor may be nominated or elected at any time within
one mon th b efore th e said term expi res, but he shall no t assum e offic e un til
the said term has expired.
7. Cessation o f M em be rshi p -(1) An elected or nominated member shall be
deemed to have vacated his office: -
(a) if he/she is absent without excuse, sufficient in the opinion of
theCouncil, from three consecutive meetingsof the Council.
However, the executive committee may condone the absence of the
member for three consecutive meetings, if the membersgives in
writing the reasons for such absence and provided the Executive
committee accepts the reasons as valid.
(b) in the case of the member elected or nominated, if he ceases to
be a person enrolled in the register;
( c ) i f h e / s h e h a s b e e n c o n v i c t e d o f a n o f f e n c e i n v o l v i n g m o r a l
turpitude and punishable with imprisonment;
(d) ifhe/she is an un-discharged insolvent;
( e ) i f h e / s h e i s o f u n s o u n d m i n d a n d s t a n d s s o d e c l a r e d b y
competent court.
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(2) On the occurrence of a vacancy referred to in clauses(iv), (v),(vi)
and(vii) of sub-section (2) of section 3 of this Act, the President shall forthwith
report the fact of such vacancy to the concerned and thereafter it may take
necessary steps to nominate candidates to such vacancy.
8. Casual Vacancy - A c a s u a l v a c a n c y i n t h e C o u n c i l s h a l l b e f i l l e d b y
n o m i n a t i o n o r e l e c t i o n , a s t h e c a s e m a y b e , a n d t h e p e r s o n n o m i n a t e d o r
elected to fill the vacancy shall hold office only for the reminder of the term for
which the member whose place he takes, was nominated or elected:
Provided that no such casual vacancy occurring within six months on
the date of expiry of the term of office of a nominated or an elected member
need be filled under this section.
9. Resignation - (1) The President or Vice-President of the Council may at any
time resign his/her office by notice in writing, addressed to the Council and
delivered to the Secretary and the resignation shall take effect from the date on
which it is accepted by th e Council or on th e expiry of ninety days from th e
date of receipt of the resignation by the Secretary whichever is earlier
(2) A member may at any time resign his/her office by notice in writing
addressed to the President and every such resignation shall take effect from the
date on which it is accepted by the President or on the expiry of ninety days
from the date of receipt of the resignation by the President, whichever is earlier.
10. Meetings of the Council - (1) The Council shall meet every quarter in a
year at such time and place asmay be appointed by the Council.
(2) The quorum necessary for the transaction of business at a meeting of
theCouncil shall be nine.
( 3 ) T h e P r e s i d e n t w h e n p r e s e n t s h a l l p r e s i d e a t t h e m e e t i n g o f t h e
Council and in his absence, the Vice-President, and the absence of both, any
other member elected by the members present from amongst themselves shall
preside at such meeting.
(4) Save as otherwise provided in this Act, all questions which come up
b e f o r e a n y m e e t i n g o f t h e C o u n c i l s h a l l b e d e c i d e d b y a m a j o r i t y o f t h e
members present and voting.
(5) In the case of an equality of votes, the President of the Council or the
member who presides the meeting shall have a casting vote.
(6) Subject to the provisions of sub-sections (1) to (5), the Council shall
exercise and discharge such powers and duties as may be prescribed.
11. Meetings of the General Body of the Council – (1) The general body
consisting of all the members on the roles of the Council shall meet once in a
year, to conduct the business of the Council in respect of passing of Annual
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r e p o r t s , F i n a n c i a l b u d g e t , A u d i t e d r e p o r t a n d o t h e r m a t t e r s c o n n e c t e d w i t h
functioning of the Council.
(2) The General body meeting shall be conducted during any day in the
month of February every year.  The meetings shall be conducted at a place and
time as decided by the Executive Committee of the Council with an advance
notice of minimum of twenty one (21) days.
( 3 ) A m i n i m u m n u m b e r o f 1 0 0 R e g i s t e r e d m e m b e r s a t t e n d i n g t h e
meeting shall fo rm the quo rum.  In th e ev en t of shortfa ll, th e quo rum in th e
E x e c u t i v e C o m m i t t e e s h a l l a d j o u r n f o r a s h o r t p e r i o d a n d r e c o n v e n e t h e
meetings.  The proceedings of such a reconvened meeting shall be considered
fully valid.
12. Vacancies in the Council not to invalidate acts, etc. – No act or
p r o c e e d i n g o f t h e C o u n c i l s h a l l b e i n v a l i d b y r e a s o n o f t h e e x i s t e n c e o f a
v a c a n c y i n t h e C o u n c i l o r o n a c c o u n t o f a n y d e f e c t o r i r r e g u l a r i t y i n i t s
constitution.
13. Executive Committee – (1 ) T h e C o u n ci l s ha l l co n s ti tu te f ro m a mo n g i ts
members an executive committee.
(2) The Executive Committee shall be a State level committee functioning
with State headquarters as it Headquarter.
( 3 ) A p e r s o n s h a l l n o t b e q u a l i f i e d a s a m e m b e r o f t h e E x e c u t i v e
Committee unless he holds a basic degree in Agriculture/Horticulture and has
registered himself/herself in the register.
(4) The Executive Committee shall have power to nominate the additional
m e m b e r s t o t h e E x e c u t i v e C o m m i t t e e u p t o a m a x i m u m o f F o u r . S u c h
n o m i n a t i o n s s h a l l b e m a d e t o b r i n g r e p r e s e n t a t i v e f r o m d i f f e r e n t s e c t o r s o f
Agriculture/Horticulture not covered by earlier nominations.
(5) The Executive Committee shall exercise such powers and discharge
such duties as may be prescribed.
14. Appointment of Secretary and other officers and employees - (1) The
E x e c u t i v e C o m m i t t e e w i t h t h e p r e v i o u s s a n c t i o n o f t h e G o v e r n m e n t m a y
appoint a Secretary with basic degree in Agriculture/Horticulture (Who shall
also act as Treasurer unless the Executive Committee appoints any other
person as Treasurer) and may appoint such other officers and supporting staff
as it may deem necessary to carry out the purposes of this Act.
(2) The terms and conditions of service of the Secretary, other officers
and supporting staff appointed by the Executive Committee shall be such as
may be prescribed.
(3) All orders and decisions and other instruments of the Executive
Committeeshall be authenticated by the signature of the Secretary or any other
officer of the Executive Committee duly authorized by it in this behalf.
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15. Other committees - (1) The Council may constitute such other
committees for such general orspecific purposes as the Council considers
necessary and may co-opt any person or persons specifically qualified to advice
on any matter to any committee other than executive committee. The
c o m p o s i t i o n a n d f u n c t i o n s o f s u c h c o m m i t t e e s h a l l b e s u c h a s m a y b e
prescribed.
(2) A committee constituted under this section shall meet at such time
and at such place as may be prescribed.
16. Fees and Allowances - The President, Vice-President and other members
of the Council and also the members of the committees shall be paid such fees
and allowanc es fo r a ttending th e meetin gs of th e Council o r as the cas e may
be, the committees, as may be prescribed.
17.Recognition of Agricultural/Horticultural Qualifications - (1) The
Agricultural/Horticultural qualification granted by the Agricultural/
Horticultural Universities or institutions in the State of Andhra Pradesh which
are included in the Schedule shall be recognized Agricultural/Horticultural
qualification for the purposes of this Act.
( 2 ) A n y A g r i c u l t u r a l / H o r t i c u l t u r a l I n s t i t u t i o n i n t h e S t a t e o f A n d h r a
Pradesh which grantsan Agricultural/Horticultural qualification not included
i n t h e S c h e d u l e m a y a p p l y t o t h e G o v e r n m e n t t o h a v e s u c h q u a l i f i c a t i o n
recognized and the Government, after consulting the Council, may by
notification, amend the Schedule, so as to include such institution and such
qualification therein when granted after a specified date.
18. Recognition of agricultural/Horticultural qualifications when thereis
scheme of reciprocity - (1) The Agricultural/Horticultural qualification
granted by Agricultural /Horticultural Institutions outside the State of Andhra
Pradesh or outside India with which there is a scheme of reciprocity shall be
recognized qualification for the purposes of this Act.
(2) The Council may enter into negotiations with the authority in any
State outside the State of Andhra Pradesh or in any Country which by the law
of such State orCountry is entrusted with the maintenance of a register similar
to th e reg is te r r ef er r ed to in s ec ti on 2 4 a n d f or th e s e ttin g u p of as c h em e o f
reciprocity for the recognition of Agricultural/Horticultural qualification, and in
pursuance of any such negotiation and on the recommendation of the Council,
the Government may, by notification, declare that it shall be recognized only
when granted after a specified date.
( 3 ) W h e r e t h e C o u n c i l h a s r e f u s e d t o r e c o m m e n d a n y
Agricultural/Horticultural qualification which has been proposed for
recognition by any authority referred to in sub-section (2) and such authority
applies to the Government, the Government after considering such application
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and after obtaining from the Council a report, if any, as to the reasons for any
such refusal may, by notification, declare that it shall be recognized only when
granted after a specified date.
19. Recognition of agricultural/Horticultural qualifications when there is
no scheme of reciprocity – (1) The Government after consultation with the
Council may, by notification, direct that the Agricultural/Horticultural
qualification granted by Agricultural/Horticultural Institution in any other
S t a t e o r i n a n y C o u n t r y i n r e s p e c t o f w h i c h a s c h e m e o f r e c i p r o c i t y f o r t h e
recognition of Agricultural/Horticultural qualifications is not in force, shall be
recognized Agricultural/Horticultural qualification for the purposes specified in
the sub-section (2) and shall be so only when granted after a specified date or
before a specified date.
(2) The Agricultural/Horticultural practice by person possessing such
qualification:-
( a ) s h a l l b e p e r m i t t e d o n l y i f s u c h p e r s o n s a r e e n r o l l e d a s
Agricultural /Horticultural practitioner in accordance with the law
regulating the registration of such persons for the time being in
force in that State or Country;
(b) shall be limited to the institution to which they are attached for
the time being for the purpose of teaching and research work; and
(c) shall be limited to the period specified in this behalf by the
Government by general or special order.
20. Power to require information as to courses of study and examinations
– Every Agricultural/Horticultural Institution which grants a recognized
Agricultural /Horticultural qualification shall furnish such information as the
C o u n c i l m a y f r o m t i m e t o t i m e r e q u i r e a s t o t h e c o u r s e s o f s t u d y a n d
examinations to be undergone in order to obtain such qualification, as to the
duration such courses of study and examinations are required to be undergone
a n d s u c h q u a l i f i c a t i o n i s c o n f e r r e d a n d g e n e r a l l y a s t o t h e r e q u i s i t e s  f o r
obtaining such qualification.
2 1 . I n s p e c t i o n o f a g r i c u l t u r a l i n s t i t u t i o n s a n d e x a m i n a t i o n s –(1) The
Council may, subject to regulations, if any, made by it, authorize such number
of members as it may deem requisite to inspect any Agricultural/Horticultural
Institution  where Agricultural/Horticultural education is imparted or to attend
a n y e x a m i n a t i o n h e l d b y a n y A g r i c u l t u r a l / H o r t i c u l t u r a l I n s t i t u t i o n f o r t h e
purpose of recommending to the Government for recognition of
Agricultural/Horticultural qualification granted by such
Agricultural/Horticultural Institution.
(2) The members so authorized shall not interfere with the conduct of any
training or examination, but shall report to the Council on the adequacy of the
standards of Agricultural/Horticultural education including staff, equipment,
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accommodation, training and other facilities as may be prescribed for giving
Agricultural/Horticultural education or on the sufficiency of every examination
which they attend.
( 3 ) T h e C o u n c i l s h a l l f o r w a r d a c o p y o f a n y s u c h r e p o r t t o t h e
Agricultural/Horticultural Institution concerned and shall also forward a copy
with remarks, if any, of the said institution thereon, to the Government.
22. Withdrawal of recognition – (1) When upon report by the members so
authorized, it appears to the Council,-
(a) that the courses of study and examinations to be undergone or
the proficiency required from candidates at any examination held
by any Agricultural/Horticultural Institution in order to obtain the
Agricultural/Horticultural qualification are not in conformity with
the regulation made under this Act or fall short of the standards
required thereby, or
(b) that the staff, equipment, accommodation, training and other
facilities for instruction and training provided in such
Agricultural/Horticultural Institution do not confirm to the
s t a n d a r d s a s m a y b e p r e s c r i b e d , t h e C o u n c i l s h a l l s e n d a
statement to that effect to the Government.
(2) After considering such a statement, the Government shall forward it
alongwith such remarks as it may choose to make to the
Agricultural/Horticultural Institution, with an intimation of the period within
which that institution may submit its explanation to the Government.
(3) The Government, on receipt of the explanation and after making such
inquiry, if any, as it deems fit, may, by notification, withdraw recognition and
d i r e c t t h a t a n e n t r y s h a l l b e m a d e i n t h e S c h e d u l e a g a i n s t t h e s a i d
Agricultural/Horticultural qualification granted by such
Agricultural/Horticultural Institution declaring that it shall be recognized
Agricultural/Horticultural qualification only when granted before a specified
date or after a specified date:
P r o v i d e d t h a t b e f o r e i s s u i n g s u c h n o t i f i c a t i o n , t h e G o v e r n m e n t m a y
consult the Indian Council of Agricultural Research.
23.Minimum standards of agricultural/Horticultural education - (1) The
Council may by regulations specify the minimum standards of education
required for granting Agricultural / Horticultural qualification by the
Agricultural/Horticultural Institutions.
( 2 ) A c o m m i t t e e , i f a n y , c o n s t i t u t e d u n d e r s e c t i o n 1 5 f o r t h i s p u r p o s e
shall, from time to time, report to the Council on the efficacy of the regulation
and may recommend to the Council such amendments thereof as it may think
fit.
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CHAPTER-III
ANDHRA PRADESH STATE AGRICULTURAL/HORTICULTURAL
PRACTITIONERS REGISTER
24. Andhra Pradesh State Agricultural/Horticultural Practitioners
Register – ( 1 ) T h e C o u n c i l s h a l l c a u s e t o b e m a i n t a i n e d i n t h e p r e s c r i b e d
m a n n e r a R e g i s t e r t o b e k n o w n a s t h e A n d h r a P r a d e s h S t a t e
Agricultural/Horticultural Practitioners Register which shall contain the names
of all persons who possess the Agricultural/Horticultural qualification and
registered his/her name in the said register.
(2) Upon registration, the member will be recognized as “Plant Doctor”.
(3) It shall be the duty of the Secretary of the Council,-
(a) to keep the Register in accordance with the provisions of this
Act;
(b) to keep any orders made by the Council;
(c) to revise the Register from time to time; and
(d) to publish the Register in the Andhra Pradesh Gazette in such
manner as may be prescribed.
(4) Such Register shall be deemed to be a public document within the
mea n in g o f s ec tio n 7 4 of th e I nd i an E v id enc e A c t, 18 7 2 (C en tral A c t N o .1 o f
1872).
25. Preparation of the first register – (1) For the purposes of preparing the
first Andhra Pradesh State Agricultural/Horticultural Practitioners Register,
the Government shall, by notification, constitute a Registration Committee
consisting of three persons holding Agricultural/Horticultural qualification and
also appoint a person holding Agricultural/Horticultural qualification who shall
act as Secretary of the Committee.
(2) The Government may also, by notification, appoint a date on or before
w h i c h a p p l i c a t i o n f o r r e g i s t r a t i o n s h a l l b e m a d e i n s u c h f o r m a n d i n s u c h
manner as may be prescribed, to the Registration Committee.  The application
for registration shall be accompanied by such fee, as may be prescribed.
(3) The Registration Committee shall examine every application received
on or before the appointed date, and if it is satisfied that the applicant is
qualified for registration, shall direct the entry of the name of the applicant in
the Register.
( 4 ) T h e R e g i s t e r s o p r e p a r e d s h a l l t h e r e a f t e r b e p u b l i s h e d i n s u c h
m a n n e r a s m a y b e p r e s c r i b e d .  A n y p e r s o n a g g r i e v e d b y a n y e n t r y i n t h e
r e g i s t e r a s s o p u b l i s h e d m a y , w i t h i n s i x t y d a y s f r o m t h e d a t e o f s u c h
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publication, appeal to an authority appointed by the Government in this behalf
by notification.
( 5 ) T h e S e c r e t a r y s h a l l a m e n d t h e R e g i s t e r i n a c c o r d a n c e w i t h t h e
decision of the authority appointed under sub-section (4) and shall thereupon
issue to every person whose name is entered in the Register, a certificate of
registration in such form as may be prescribed.
(6) Upon the establishment of the Council, the Register shall be given to
itscustody and all the application fees collected for registration in the first
register shall be paid to the credit of the Council.
26. Registration in the register and issue of certificate - After the
e s t a b l i s h m e n t o f t h e C o u n c i l , t h e S e c r e t a r y o f t h e C o u n c i l m a y o n a n
application made in such form and in such manner, as may be prescribed, by
any such person, if satisfied that the person concerned possesses
Agricultural/Horticultural qualification, enter his name in the Register.
(2) Any person whose name has been entered in the Register shall on an
a p p l i c a t i o n m a d e i n t h i s b e h a l f i n s u c h f o r m a n d i n s u c h m a n n e r a n d o n
p a y m e n t o f s u c h f e e a s m a y b e p r e s c r i b e d b e e n t i t l e d t o a c e r t i f i c a t e o f
r e g i s t r a t i o n a n d t h e C o u n c i l s h a l l g r a n t t o t h e a p p l i c a n t a c e r t i f i c a t e o f
registration in such form as may be prescribed:
Provided that on the removal of his name from the Register, such
certificate shall cease to be valid
(3) Any person who acquired Agricultural/Horticultural qualification
fromoutside the State of Andhra Pradesh and migrated into the State of Andhra
Pradesh shall also register with the Council within a period of ninety days of
his entry in the State of Andhra Pradesh.
(4) Where it is shown to the satisfaction of the Secretary that a certificate
ofregistration has been lost or destroyed, the Secretary may, on payment of
such fee as may be prescribed issue a duplicate certificate in such form as may
be prescribed.
27. Registration of additional qualification – I f any person whose name is
entered in the Register obtains any post-graduate degree or diploma in addition
to his Agricultural/Horticultural qualification, he shall, on an application made
in this behalf in such form and in such manner and on payment of such fee, as
may be prescribed be entitled to have an entry stating such degree or diploma
m a d e a g a i n s t h i s n a m e i n t h e R e g i s t e r i n a d d i t i o n t o a n y e n t r y p r e v i o u s l y
made.
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28. Renewal of registration - (1) For retention of a name in the register a
renewal fee as may be prescribed shall be paid every ten years to the Council,
and such renewal fee shall be paid before the first day of April of the year to
which it relates.
(2 ) W he r e a r en ew a l f ee is n o t p a id w i th i n th e s ai d d a te, th e S ec r eta ry
shall remove the name of the defaulter from the Register after giving a notice in
such manner as may be prescribed:
Provided that the name so removed may be restored to the Register on
payment of such fee in such manner as may be prescribed.
(3) On payment of the renewal fee, the Secretary shall issue a certificate
of renewal and such certificate shall be proof of renewal of registration.
29. Removal of name from the register – (1) Subject to the provisions of this
section, the Council may by direct order that the name of any person shall be
removed from the Register where it is satisfied, after giving to him reasonable
opportunity of being heard and after such further inquiry, if any, as it may
think fit,--
(a) that his name has been entered in the Register by an error on
account of mis-representation or suppression of a material fact; or
( b ) t h a t h e h a s b e e n c o n v i c t e d o f a n o f f e n c e i n v o l v i n g m o r a l
turpitude and punishable with imprisonment or has been guilty of
any infamous conduct and etiquette or the code of ethics which in
the opinion of the Council renders him unfit to be kept in the said
Register.
( 2 ) A n o r d e r u n d e r s u b - s e c t i o n ( 1 ) m a y d i r e c t t h a t a n y p e r s o n w h o s e
n a m e i s o r d e r e d t o b e r e m o v e d f r o m t h e R e g i s t e r s h a l l b e i n e l i g i b l e f o r
registration under this Act, either permanently or for such period as may be
specified in that order.
(3) An order under sub-section (1) shall not take effect until the expiry of
three months from the date thereof or until an appeal,if any, on such order is
finally disposed of, whichever date is later.
( 4 ) A p e r s o n a g g r i e v e d b y a n o r d e r u n d e r s u b - s e c t i o n ( 1 ) m a y , w i t h i n
s i x t y d a y s f r o m t h e c o m m u n i c a t i o n t o h i m o f s u c h o r d e r , a p p e a l t o t h e
Government and the decision of the Government shall be final.
(5) A person whose name has been removed by an order under sub-
s e c t i o n ( 1 ) w h i c h h a s b e c o m e f i n a l s h a l l w i t h i n s u c h p e r i o d a s m a y b e
prescribed surrender his certificate of registration and certificate of renewal, if
a n y , t o t h e S e c r e t a r y a n d t h e n a m e s o r e m o v e d s h a l l b e p u b l i s h e d i n t h e
Andhra Pradesh Gazette.
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30. Person enrolled on the register to inform change of place of residence
or practice – Every person whose name is entered in the Register shall inform
a n y t r a n s f e r o f t h e p l a c e o f h i s r e s i d e n c e o r p r a c t i c e t o t h e C o u n c i l w i t h i n
ninety days of such transfer, failing which his right to participate in the
election of members of the Council shall be liable to be forfeited by order of the
Council, either permanently or for such period as may be prescribed.
CHAPTER-IV
PRIVILEGES OF REGISTERED AGRICULTURAL/HORTICULTURAL
PRACTITIONERS
31. Privileges of person whose name is entered in the register -  Subject to
the conditions and restrictions laid down in this Act, every person whose name
i s b o r n e o n t h e R e g i s t e r s h a l l b e e n t i t l e d a c c o r d i n g t o h i s q u a l i f i c a t i o n t o
practice as an Agricultural/Horticultural practitioner and to receive in respect
of such practice, any expenses, charges and fees to which he may be entitled.
32. Right of person whose name is entered in the register - No person other
t h a n a p e r s o n w h o s e n a m e i s b o r n e o n t h e R e g i s t e r s h a l l p r a c t i c e a s
A g r i c u l t u r a l / H o r t i c u l t u r a l C o n s u l t a n t w i t h i n t h e S t a t e o f A n d h r a P r a d e s h o r
render Agricultural/Horticultural Service.
Explanation. —“Agricultural / Horticultural Service " means—
(a) rendering agricultural/horticultural services in crop husbandry,
pre-harvest technology, seed technology, soil testing, water testing,
prescription for fertilizer, plant growth regulators, weedicides and
plant protection materials, post-harvest technology, seed
production technology and agricultural bio-technology;
( b ) p r e p a r i n g a g r i c u l t u r a l / h o r t i c u l t u r a l p r o j e c t s f o r p r i v a t e o r
public sector enterprises and sign or authenticate
agricultural/horticultural projects and issue valuation certificate
required by any law to be signed or authenticated byaduly qualified
Agricultural/Horticultural Practitioner;
(c) organizing and running Agricultural/Horticultural Clinics and
laboratories to help farmers, in assessing soil and water qualities,
quantity of organic manorial substances and fertilizers, identifying
pests and diseases of crops and prescribing remedial measures,
formulating and helping implementation of cropping programs
suited to different soil conditions and agro-climatic factors,
adopting Hi-tech farming systems in kitchen gardening,
floriculture and in development of perennial plantations;
(d) rendering services of import, multiplication & certification of
quality plant material, suggest crop planning.
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CHAPTER-V
DISCIPLINE
33. Professional conduct - (1) The Council may, make regulations,
prescribing the standards of professionalconduct and etiquette and a code of
ethics for the Agricultural/Horticultural Practitioners.
( 2 ) T h e r e g u l a t i o n s m a d e b y t h e C o u n c i l u n d e r s u b - s e c t i o n ( I ) m a y
specify whichviolations there of shall constitute infamous conduct in any
professional respect, that is to say, professional misconduct and such
provisions shall have effect notwithstanding anything contained in any other
law for the time being in force.
CHAPTER-VI
PENALTIES
34. Penalty for falsely claiming to be registered – If any person whose name
is not for the time being entered in the Register falsely represents that it is so
e n t e r e d o r u s e s i n c o n n e c t i o n w i t h h i s n a m e o r t i t l e a n y w o r d s o r l e t t e r s
reasonably calculated to suggest that his name is so entered in the Register,
shall be punishable on firs t conviction with fin e,which may ex tend to rup ees
five thousand and on any subsequent conviction, with imprisonment which
may extend to six months, or with fine not exceeding rupees ten thousand, or
with both.
35. Misuse of Titles – If any person,--
(a) not being a person registered in the Register, makes or uses the
description as Agricultural/Horticultural Practitioner, or
(b) not possessing an Agricultural/Horticultural qualifications,
uses a degree or an abbreviation indicating or implying such
qualification, he shall be punishable on first conviction with fine
which may extend to rupees five thousand, and on any subsequent
conviction with imprisonment, which may extend to six months, or
with fine not exceeding rupees ten thousand or with both.
36. Failure to surrender certificate of registration – I f a n y p er s o n w h o s e
name has been removed from the Register fails without sufficient cause to
surrender his certificate of registration shall on conviction be punishable with
fine which may extend to rupees fivehundred and in case of continuing offence
with an additional fine which may extend upto rupees one hundred per month,
or part thereof, after the first day during which the offence continues.
18
37. Cognizance of offence – Notwithstanding anything contained in the Code
o f C r i m i n a l P r o c e d u r e , 1 9 7 3 ( C e n t r a l A c t N o . 2 . o f 1 9 7 4 ) n o c o u r t s h a l l t a k e
cognizance of any offence punishable under this Act, except upon a complaint
made by an order of the Government or the Council.
CHAPTER – VII
FINANCE, ACCOUNTS, AUDIT AND RETURNS
38. Finance, Accounts, Audit and Returns – (1) The source of funds for the
C o u n c i l w i l l b e b y w a y o f m e m b e r s h i p f e e f r o m t h e m e m b e r s a n d G r a n t s
received if any, from the Government.
(2) The accounts of the Council shall be maintain in such manner and in
s u c h f o r m a s m a y b e p r e s c r i b e d .  T h e C o u n c i l s h a l l p r e p a r e a n a n n u a l
statement of accounts in such form as may be prescribed.
(3) T he accounts of the Council shall be audited once in a yea r by th e
Director of State Audit as per the provisions of the Andhra Pradesh State Audit
Act, 1989 (A.P.Act No.9 of 1989) or any such auditor as the Government may
appoint in this behalf.
(4) The auditor appointed under sub-section (3) shall, in connection with
such audit, have such rights, privileges and authority as may be prescribed
and in particular, the right to demand the production of books, accounts,
connected vouchers and other documents and to inspect any of the offices of
the Council.
(5) The Secretary shall cause the report of the auditor to be printed and
shall bring such report before the Council for consideration as its next meeting.
(6) The Council shall remedy forthwith, any defects or irregularities that
are pointed out by the auditor and submit a report thereon to the Government
as may be prescribed.
(7) The accounts of the Council as certified by the Auditor with the audit
r e p o r t s h a l l b e f o r w a r d e d a n n u a l l y t o t h e S t a t e G o v e r n m e n t a n d S t a t e
Government shall cause the same, to be laid before the State Legislature.
39.Information to be furnished by the Council and Publication thereof -
(1) The Council shall furnish such other reports, copies of its minutes,
abstractof its accounts and other information to the Government as it may
require.
(2) The Government may publish, in such manner as it thinks fit, any
report, copy, abstract or other information furnished to it under this section.
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CHAPTER-VIII
MISCELLANEOUS
4 0 . B a r o f J u ri s d i c ti o n -N o o r d e r r e f u s i n g t o e n t e r a n a m e i n a R e g i s t e r o r
removing a name from theRegister shall be called in question in any court of
law.
41.  Protection of action taken in good faith - No suit, prosecution or other
legal proceeding shall lie against any person for anything which is in good faith
done or intend ed to be don e in pursuance of thisAct, any rul e, regulation or
order made there under.
42.  Power to remove difficulties - If any difficulty arises in giving effect to
the provisions of this Act, the Government may, by an order, published in the
Andhra Pradesh Gazette, make such provisions not inconsistent with the
provisions of this Act as appears to them to be necessary or expedient for
removing the difficulty:
Provided that no such order shall be made after the expiry of a period of
two years from the date of commencement of this Act.
43. Power of Government to give directions - The Government may, from
time to time, issue such directions not inconsistent with the provisions of this
Act, to the Council as it may deem fit for giving effect to the provisions of this
Act and the Council shall comply with such directions.
44. Officers to be public servants - The members of the Council and other
officers and employees appointed under this Act shall be deemed to be the
public servants within the meaning of section 21 of the Indian Penal Code,1860
(Central Act No.45 of 1860).
45. Appointment of Commission – (1) Whenever it appears to the
Government that the Council is not complying with any of the provisions of this
Act, the Government may appoint a Commission consisting of three persons,
tw o o f w h om s h a ll b e a p p oi n ted b y th e Go v ern m en t, o n e b ein g th e J u d g e o r
retired Judg e of High Court o r District Judge and one named by th e Council
and refer to the Commission, the matter on which the enquiry is to be made.
(2) The Commission shall proceed to enquire in a summary manner and
r e p o r t t o t h e G o v e r n m e n t o n t h e m a t t e r s r e f e r r e d t o i t t o g e t h e r w i t h s u c h
remedies, if any, as the Commission may like to recommend.
(3) The Government may accept the report or remit the same to the
C o m m i s s i o n f o r m o d i f i c a t i o n o r r e c o n s i d e r a t i o n .  A f t e r t h e r e p o r t i s f i n a l l y
accepted, the Government may order the Council to adopt the remedies so
r e c o m m e n d e d w i t h i n s u c h t i m e a s m a y b e s p e c i f i e d i n t h e o r d e r a n d i f t h e
Council fails to  comply within the time so specified, the Government may pass
20
such order or take such action as may be necessary to give effect to the
recommendations of the Commission.
46. Power to make rules – (1) The Government may by notification make
rules, for carrying out all or any of the purposes of this Act.
(2) (a) All rules made under this Act shall be published in the Andhra
Pradesh Gazette and unless they are expressed to come into force on a
particular day shall come into force on the day on which they are so published.
( b ) A l l n o t i f i c a t i o n s i s s u e d u n d e r t h i s A c t , s h a l l , u n l e s s t h e y a r e
expressed to come into force on a particular day, come into force on the date on
which they are so published.
(3) Every rule made under this Act shall immediately after it is made, be
laid  before the State Legislature 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
e x p i r a t i o n o f t h e s e s s i o n i n w h i c h i t i s s o l a i d o r t h e s e s s i o n i m m e d i a t e l y
following, the Legislature agree in making any modifications in the rule or in
the annulment of the rule, the rule shall, with effect from the date of
notification of such modification of annulment 

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