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The KERALA FARMERS' WELFARE FUND ACT, 2019

Kerala · state statute
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             GOVERNMENT OF KERALA 
            Law (Legislation-I) Department 
 
                 NOTIFICATION 
No.11930/Leg.I2/2018/Law.    Dated, Thiruvananthapuram,  20th December, 2019 
                                                                                                    4th Dhanu, 1195 
                                                                                                29th Agrahayana, 1941. 
 
       In pursuance of clause (3) of Article 348 of the Constitution of India, the Governor of 
Kerala is pleased to authorise the publication in the Gazette of the following translation in 
English language of the Kerala Farmers’ Welfare Fund Act, 2019 (26 of 2019). 
 
                                                                                           By order of the Governor, 
 
                                                                                           ARA VINTHA BABU P. K., 
                                                                                                   Law Secretary. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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[Translation in English of the “2019- ടേ കേരള േർഷേ കേമനിധി ആേ്റ് " published under the 
authority of the Governor.] 
ACT 26 OF 2019 
THE KERALA  FARMERS' WELFARE FUND ACT, 2019 
AN 
ACT 
 to provide for the constitution of a Welfare Fund for the welfare of the farmers engaged in       
agriculture in the State of Kerala and to pay   pension  and other allowances  to them 
and  to attract younger generation into agriculture and for the matters connected 
therewith or incidental thereto. 
 Preamble.—W HEREAS, it is expedient to constitute  a welfare fund for the welfare of the 
farmers engaged in agriculture in the State of Kerala and to pay pension and other allowances  
to them and  to attract younger generation in agriculture and for  the matters connected 
therewith or incidental thereto; 
 B E it enacted in the Seventieth Year of the Republic of India as follows:- 
 1. Short title and commencement.- (1) This Act  may be called the Kerala Farmers' 
Welfare Fund Act, 2019. 
  (2) It shall come into force at once. 
  2. Definitions.—In this Act, unless the context otherwise requires,- 
  (a) “agriculture” includes horticulture, farming  of  medicinal plants, 
planting of crops and intercrops, fruit trees, vegetables, grass, fodder grass and 
trees or any kind of cultivation in soil, conducting nursery,  breeding and keeping of 
livestock including fish, ornamental fish, mussel, oyster, bees, silk worm, poultry, 
duck, quail , goat, rabbit, cattle, pig and the use of  land for  agriculture allied 
activities or any other agricultural purposes; 
  (b) "Board" means the Kerala Farmers' Welfare Fund Board constituted 
as per section 11; 
           (c) "Chief Executive Officer" means the Chief Executive Officer appointed as 
per sub-section (1) of section 15; 
                  (d) "contribution" means the amount payable to the Fund as per section 8; 
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                    (e) “family”  means,- 
                     (i) wife or husband of the farmer, their minor or differently abled children, 
adopted children, unmarried or widowed or divorced daughters and widows  and minor 
children of deceased sons of farmer; 
                        (ii) parents of the farmer who are dependent on him; 
      (f) "farmer" means a person who holds, whether as owner or licensee 
or mortgagee in possession or oral lessee or Government land lessee or  
kuthakapattakaran or  partly in one capacity and partly in another,  possession of  
land having an extent of not less than  five cents and not exceeding fifteen acres 
and annual income does not exceed Rupees five lakhs and whose principal means of 
livelihood is agriculture for a  period of not less than three years:  
   Provided that Government may, on the recommendation  of the Boa rd, 
by notification in the Gazette, revise the limit of annual income:   
    Provided further that for the purposes of this section, in the case of 
plantation crops such as rubber, coffee, tea and cardamom, those who possess more 
than seven and half acres of land in any way are not included in the definition of  
farmer; 
                 (g) “Fund” means the Kerala Farmers' Welfare Fund constituted as per 
section 3; 
                  (h) “ Government” means the Government of Kerala; 
                (i)  “Kissan Abhiman Scheme” means the scheme introduced as per G.O.(P) 
No.22/09/Agri. dated 31 st January, 2009 for providing benefits for the paddy cultivators and 
for giving pension to them on their completion of sixty years of age and subsequently 
introduced for providing  pension and other benefits  to small scale and nominal farmers 
also, as per order number GO(MS)197/2011/Agri dated 16 th August,  2011. 
                   (j) “member” means a member of the Fund ; 
                   (k) “ Notification' means notification published in the Official   Gazette; 
                  (l) "prescribed" means prescribed by rules under this  Act; 
   (m) "Schedule" means the Schedule to this Act; 
    (n) "Scheme" means the Kerala Farmers' Welfare Fund 
Scheme framed under this Act. 
 3. Kerala Farmers' Welfare Fund Scheme.—(1) The Government shall, by 
notification in the Gazette, frame a Scheme  for constituting  a Fund under this Act for the 
welfare of farmers,  to be called the 'Kerala Farmers’ Welfare Fund Scheme' and  as soon as 
possible constitute a Fund in accordance with the provisions of this Act and the Scheme. 
          (2) Subject to the provisions of this Act, the Scheme may provide for all or any of 
the matters specified in the Schedule. 
                   (3) The following  shall be credited to the Fund, namely:- 
                           (i) arrears and interest received  as per section 6; 
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             (ii) contribution specified in section 8; 
           (iii) amount in the  Treasury Savings Bank Account under the  “Kissan 
Abhiman Scheme” transferred under sub- section (1) of   section 29; 
                     (iv) grants, loans or advances received through  the Central Government, State 
Government, Local self Government Institutions, any institutions or organisations or Corporate 
Social Responsibility Fund as per the Companies  Act, 2013 (Central Act 18 of 2013 ) etc. 
                            (v) amount  given by the Government annually to the Fund, equivalent to the 
amount being  given by the Government to the Agriculture Department for the implementation of 
Kissan Abhiman Scheme; 
                       (vi)  amount mobilized through any legal means as per  the decision of the 
Board to augment revenue  of the Board; 
         (vii) fee levied as per the scheme; 
 (viii) amount received from the sale of  Kerala Farmers' Welfare  Fund  
Stamp, as a part of  income generation; 
        (ix) amounts sanctioned for the welfare of the farmers with the intention of 
environment protection, as per any law or Government order or sanctioned for the welfare of 
farmers by any other law or Government Order; 
        (x)  amount received as agricultural incentive as per section 9; 
       (xi) any other amount to be credited to the fund as per the provisions of the 
Scheme. 
              (4) The Fund shall  vest in the Board and  be administered by the Board as 
provided in this  Act and Scheme. 
                     (5)  Subject to the provisions of this Act and the Scheme  the Fund may be utilized 
for all or any of the following purposes, namely:- 
                      (a) for payment of pension to farmers who have became members of the 
Welfare fund by remitting contribution for not less than five years and have completed sixty 
years of age, at the rate fixed,  on the basis of the contribution remitted and the number of 
years of remittance, as per the scheme: 
     Provided that in the case of any farmer who has completed fifty six years of 
age on the date of commencement of this Act and has become a member as per sub-section 
(1) of  section 4 and is remitting contribution for the succeeding years, pension may be paid 
at the eligible rate  as per the Scheme, after he has completed the age of sixty years; 
      (b) for payment of pension  to the small scale marginal farmers who have 
completed sixty years of age and  were receiving pension under the 'Kissan Abhiman 
Scheme', at the rate fixed by Government from time to time: 
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                 Provided that those persons who are  members of any other  welfare fund and are 
receiving  pension and other benefits shall not be eligible to  get the benefits  under the 
Scheme; 
      (c) for payment of fixed amount and pension to a person, who had been a 
member and remitted contribution for not less than five years, and discontinued his farming 
activities or unable to continue work due to ill health, at such rates fixed as per scheme on 
the basis of the contribution remitted and the number of years of remittance; 
                       (d) for payment of family pension and death benefits; 
       (e) for payment of financial assistance to the member who is suffering from 
permanent physical/ mental disability; 
       (f) for financial assistance to the members for treatment, for giving 
maternity benefits to women members, for financial  assistance for marriage of  women 
members or daughters of the members and for financial  assistance for education of children 
of the members; 
        (g)  for giving  a fixed amount at the rate specified in the scheme, at one 
time, to those members who have remitted contribution for twenty five years; 
      (h) for giving compensation to the members  or members  of the family, 
as the case may be, for accident and death of members, accident and death due to natural 
calamity, such other distresses including death, physical disabilities and different types of 
poisoning due to attack of wild animals; 
       (i) for refunding amount  to those who had remitted contribution to the Fund, 
but not eligible for benefits due to the non completion of five years, at the rate that may be 
prescribed, and in the manner as may be prescribed; 
        (j) for the day to day administrative expenses of the Board. 
 (6) Board may invest the Fund  in a profitable manner  with the previous sanction 
of the Government and  may frame new schemes in the sectors which deserve special attention. 
  (7) Subject to the provisions of this Act, the Scheme framed under sub-section (1) 
may provide for the matters specified in sub-section (5) and in the Schedule.   
               (8) Government may, by notification,  make any addition, amendments or 
variations to the scheme framed  under this section, either prospectively or retrospectively. 
                (9)  The Scheme framed under this section shall be laid as soon as may be it is 
framed before the Legislative Assembly, while it is in session for a total period of 
fourteen days which may be comprised in one session or in two successive sessions, and 
if before the expiry of the session in which it is so laid or the session immediately 
following, the Legislative Assembly makes any amendment in the Scheme or decides that 
the Scheme should not be made, the scheme shall, thereafter have effect only in such 
form as amended or be of no effect, as the case may be.  However, that any such 
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amendment or annulment shall be without prejudice of the validity of anything previously 
done under that scheme. 
 4. Membership in the Fund.- (1) Any Farmer, who has completed  the age  of 
eighteen years  shall be eligible to register as a member in the Fund as per the provisions of 
this Act and Scheme: 
     Provided that, in case, if  the amount of Kissan Abhiman Scheme is transferred 
to the Fund under sub-section (1) of     section 29, the members of the said Scheme shall  be 
deemed to be the members of the Fund from the date of such transfer: 
    Provided further that, any farmer who has completed the age of fifty six years as 
on the date of commencement of this Act, shall be eligible to be a member of the Fund upto the 
age of sixty five years. 
        (2) Applications for registration as a  member shall be given to Krishibhavan, 
directly or through online, along with such documents and  registration fee as  specified in the 
Scheme.  All such applications submitted shall be certified by the Agricultural Officer 
concerned or the officer concerned  of the farming activity of the applicant, as specified in the 
scheme. 
  (3)  In  case where the Agricultural Officer is satisfied as per sub-section (2) that 
the applicant has complied with the provisions of this Act and the Scheme,  he shall 
immediately register the applicant as a member. If the application is rejected on any reason, 
said matter shall be intimated to the applicant with its reasons in writing, within thirty days 
from the date of receipt of the application:   
 Provided that no application for registration as a member  shall  be rejected 
without giving the applicant  a reasonable opportunity of being heard. 
  (4) Any person aggrieved by the decision under sub-section (3) may within such 
time as specified in the Scheme, prefer an appeal to the Chief Executive Officer or any other 
authority  specified  by the Government in this behalf and after conducting necessary inquiry 
on the appeal petition and after giving an opportunity of being heard to the appellant, the Chief 
Executive Officer or such other authority shall take a decision on such appeal within thirty 
days from the date of its receipt, and such decision shall be final. 
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 (5) Every member shall be given a membership certificate, identity card and a 
pass book with the details recorded, in such format and manner  as  may be prescribed and a 
register regarding this shall be maintained  in the office concerned. 
      (6)  The  Chief Executive Officer shall make necessary arrangements for 
maintaining the prescribed registers and other records for the purposes provided in  this 
section. 
             5. Cancellation of membership in the Fund.-  (1)  If it is found that a  member has 
done any kind of  manipulation or has given false information in connection with the conditions 
for the membership or to obtain the benefits as per the Scheme  at any time, his membership 
shall be cancelled: 
 Provided that no order of cancellation of membership shall be issued, without giving 
the member a reasonable opportunity of being heard: 
 Provided  further that any member  who is aggrieved by the cancellation of 
membership may prefer an appeal to the Government within such period as may be specified in  
the scheme. 
    (2) If a member makes default in the payment of contribution continuously for a 
period of one year his membership in the Fund shall be ceased. 
 6. Revival  of membership.- The membership may be revived on the payment of 
arrears  with annual interest at the rate as may be prescribed within three years from the date of 
cessation of  membership as per sub-section (2) of section 5: 
 Provided that if the Board is satisfied that there is sufficient cause for non-payment 
of contribution, the interest may be waived. 
              7. Informations  be maintained.- Informations  which are necessary for the 
implementation of the Scheme shall be maintained in all Krishibhavans  in the manner 
prescribed.   The Board shall periodically update the information required for the implementation 
of the scheme through a centralized  Information Technology based platform. 
     8. Contribution to the Fund.–(1)  Each farmer  shall  contribute to the Fund  a 
minimum   of one hundred  rupees per month: 
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 Provided that members may remit monthly contribution at higher rate, at their own 
discretion. Such higher rate of amount remitted shall not be reduced more then two times in the 
same financial year:   
     Provided further that the members may remit  the contribution   to be remitted by them 
annually or half yearly, in lump sum.                                             
   (2) The Government shall, in each financial year pay as contribution, an amount 
equal to the amount to be paid by the members to the Fund as contribution, subject to a 
maximum of two hundred and fifty rupees per month.  On the request of the Board, Government 
contribution, in proportionate to the amount remitted by the members to the fund, may be given 
half yearly. 
 (3) Notwithstanding anything contained in sub-section (2), the Government may take 
necessary steps to make available to the Board every year,  an amount  equal to the amount  
which had been allotted by the Government for the payment of pension under Kissan Abhiman 
Scheme  before the date of commencement of this Act, in the manner as may be prescribed. 
  9. Agricultural incentive. (1) For the purpose of collecting amount to the Fund for 
farmers' welfare, every trader  who trade  agricultural products, by converting them into value 
added products, shall pay an amount of one percentage of  his  annual profit, as a matter of right 
of profit sharing as agricultural incentive, to the fund in the manner prescribed: 
    Provided that this is not applicable to the traders whose annual profit is less than  one 
lakh  rupees: 
  Provided further that on the recommendation of the Board, the Government may,  by 
notification, revise the limit of the annual profit.  
 (2)   In order to determine such profits, every dealer shall,  submit the return showing 
his sale proceeds and profits of the previous year to the  Assistant Chief Executive Officer in the 
Regional Offices of the Board,  in the manner and time as may be prescribed.
   (3) The Assistant Chief Executive Officer, shall after making or causing to make an 
inquiry in the prescribed manner, examine the return submitted as per sub-section(2), issue an 
order determining the amount of agricultural incentive payable by the traders and the date within 
which it shall be paid.  Any person who is aggrieved by the said order may prefer an appeal to 
the Board in the manner prescribed.            
    (4) The Officer conducting the enquiry under sub-section (3) shall, for the purposes 
of such enquiry, have the same powers as are vested in a Civil Court while trying a suit under the 
Code of Civil Procedure, 1908 (Central Act 5 of 1908), in respect  of the following matter, 
namely:- 
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      (a) enforcing the attendance of any person and examining him on oath or 
affirmation; 
      (b)  requiring the disclosure, discovery and production of records and documents; 
           (c) receiving evidence on affidavits; 
           (d) issuing commissions for the examination of witnesses; 
  (5) Any enquiry under this section shall be deemed to be a judicial proceedings 
within the meaning of sections 193 and 228 of the Indian Penal Code,1860 (Central Act 45  of 
1860) and for the purpose of section 196 of the said Code. 
Explanation.–For the purpose of this section “trader” means an entrepreneur or 
industrialists or industrial institutions, who converts the agricultural products produced by the 
farmers into value added products.                   
10. Members shall take insurance policy.- The members shall join the insurance scheme as 
decided by the Board.
11. Constitution of the Board.- (1)   On the commencement of this Act, the Government 
may,  by notification in the  gazette, constitute a Board by name the ‘Kerala Farmers' Welfare 
Fund Board'  for the administration and management of the Fund and to supervise and  
implement the functions of payment of financial assistance from the Fund and related activities. 
                     (2) The Board shall be a body corporate by the name aforesaid, having 
perpetual succession and common seal and shall in the said name sue and be sued. 
                       (3) The Government shall, by notification in the gazette, nominate a person  
having proficiency in agricultural sector  as  Chairperson  of the Board. 
                           (4) In addition to the Chairperson, the Board shall consists of the  following 
directors, namely:- 
             (i)  Agricultural Production Commissioner ; 
                              (ii) Secretary, Agriculture Department  or  an Officer not below the 
rank of Joint Secretary in Agriculture Department; 
            (iii) Director, Agriculture  Development and Farmers' Welfare 
Department; 
            (iv) Director, Animal Husbandry Department; 
                     (v) An Officer not below the rank of Joint Secretary in Finance 
Department; 
                           (vi)  An Officer not below the rank of Joint Secretary in  Law 
Department; 
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                           (vii) Chief Executive Officer,  Kerala Vegetable and Fruits  Promotion 
Council (VFPCK); 
        (viii) An expert from Agricultural sector, nominated by the Government; 
      (ix) Fourteen members representing farmers,  nominated by the 
Government; of whom, minimum two  shall be women farmers,  one farmer each from 
scheduled caste and scheduled tribe  one shall be a representative of  younger farmers and 
one shall  be a representative of paddy farmers; 
      (x) Chief Executive Officer- Member Secretary 
                 (5) The following officers shall be there for the administration of the Board, 
namely:- 
                         (i) Chief Executive Officer, he shall be an officer from the cadre of All 
India Service or Kerala Administrative Service or  not below the rank of Joint  Director  in 
Agriculture Department; 
                            (ii) Joint Chief Executive Officer, he shall be  from the post of  Deputy 
Director, Agriculture Department; 
                          (iii) Assistant Chief Executive Officers, they shall be from   the cadre of 
Assistant Director of Agriculture Department and shall  function at the  three Regional 
levels; 
                          (iv) Administrative Officer, he shall be from the post of Under Secretary to 
Government; 
                       (v) Finance Officer, he shall be from the post of Under Secretary, Finance 
Department. 
                 (6)  The limit of  amount to be spent for the administrative expenses of the 
Board from  the Fund shall be  ten percent of the  contribution. 
                (7) The Board shall administer the Fund vested in it, in such manner as  
specified in the Scheme. 
               (8) The Board may, with the prior approval of the Government and subject to 
such restrictions and conditions as it may specify,  delegate the powers and functions under this 
Act or Scheme to the Chairperson or to the Chief Executive Officer of the Board or to any 
officers or employees  authorised under sub-section (1) of section 15, as it may consider 
necessary for the efficient administration  of the Fund.   
         12. Meetings of the Board.- (1) The Board shall meet at least once in three months to 
transact its business. 
                 (2) The quorum for a meeting of the Board shall be  three Official Directors and six 
non-official Directors including the Chairperson. 
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               (3) In the absence of the Chairperson, a Director elected from among the Directors 
present at the meeting  shall preside over the meeting of the Board. 
                  (4) Any matter coming up before a meeting of the Board shall be decided by a 
majority  of votes of  the Directors present at the meeting  and in the case of equality of votes, 
the Chairperson who is presiding over or the Director who is presiding over the meeting, shall 
have a  right  of casting vote. 
 13. Term of office of the Directors.—(1 )  A non-official Director appointed 
under sub-section (4) of section 11 shall hold office up to  three years from the date on 
which he assumed duty. 
.      (2)   Notwithstanding anything contained in    section 14, the Government may, at 
any time, showing  reasons to be recorded in writing, remove  any Director of the Board, after 
giving him a reasonable opportunity of showing cause against the proposed removal: 
              Provided that it shall not be necessary to record the reason for removal  in writing 
or to give an opportunity of showing cause against the  removal, if the Government is of 
opinion that it is not expedient in the public interest, to record the reasons in writing or to 
give such opportunity. 
            (3) Any Director may resign his office by giving a letter  in writing to the 
Government and the same shall come into force on the date of acceptance of the 
resignation letter by the Government. 
         14. Disqualification and r emoval of non-official Directors.—(1)If a non-official Director 
of the Board,-  
                             (a) becomes a person of unsound mind; 
                            (b) is adjudged as undischarged insolvent; 
                        (c)  has been convicted for an offence involving moral turpitude and is 
sentenced for  imprisonment; 
                         (d) in the opinion of the Government  is ineligible to function as a 
Director of the Board or has become incapable or has abused  his position as Director and 
his continuance as such is detrimental to public interest; or 
                          (e) does not attend three consecutive meetings of the Board, without its 
permission, 
Government may remove him from the said official position, finding that he is ineligible to 
continue in that position: 
               Provided that before removing a Director of the Board under  clause (e), he shall 
be given a reasonable opportunity to show cause why he should not be removed. 
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                 (2) A non-official Director removed from the Board  under clause (e) of 
sub-section (1) shall be disqualified for being nominated  as a Director  for a period of 
one year from the date of his removal. 
                         1 5 .    Appointment of officers and employees.- (1)  The Government may, for assisting 
the Board in performing the duties and functions of the Board under this Act and the 
Scheme,  appoint a Chief-Executive Officer and  officers specified in sub-section (5) 
of section 11, on deputation basis and appoint such other officers and staff as may  
consider necessary, directly and authorise other officers and employees including 
Agricultural Officers in Agriculture Department, by order. 
                  (2) Subject to the provisions of sub-section (3), the method of appointment, salary, 
allowances and other  conditions of service of other officers and employees appointed 
under sub-section (1), shall be determined  by the Board with the approval of the 
Government. 
                       (3)    The provisions of clauses (a), (b) and (c) of rule 14 and  the provisions  
in rules 15, 16, 17 and 17A of the Kerala State and Subordinate Service Rules, 1958 as 
amended from time to time shall be complied, mutatis mutandis in the case of  appointment 
through direct recruitment to the posts in the services under the Board. 
    16. Sitting fees, travelling allowance and daily allowance to the Directors of 
the Board.- The sitting fees, travelling allowance and daily allowance for the non -
official Directors of the Board shall be at such rates as may be specified in the Scheme.             
 17. Remittance of contribution.- (1) Every farmer who is  a member of the Fund shall 
pay the amount to be paid to the Fund in time. 
         (2) Every farmer shall remit the contribution payable to the Fund under section 8, 
through online or by other manner specified in the scheme  and it shall be the duty of 
Agricultural Officer concerned to remit  such  remitted amount to the Fund in the manner 
specified in the scheme. 
           18. Kerala Farmers' Welfare Fund Stamp.- (1) The Board may print in Government press, 
stamps of the value not exceeding fifty rupees, in such form and manner, as may be prescribed and 
stamped as “Kerala Farmers' Welfare Fund Stamp” as decided by it with the prior permission of  
Government.     
        (2) On the recommendation of the Board,  the Government may issue order directing 
to affix the Farmers' Welfare Stamp in specified categories  of applications submitted to various 
offices or institutions of the Government and  in the  specified categories of certificates, records 
and other documents issued by such offices or institutions as  fixed by the Government. 
        (3) The stamps printed as per this section shall be under the custody of the Board  and  
the  distribution and sale of the stamp shall be in such manner as may be prescribed. 
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  19. Power to summon witnesses and take evidence.- (1) The Board shall, for the 
purposes of inquiry under this Act, have the same powers as are vested in a civil court while 
trying a suit under the Code of Civil Procedure, 1908 (Central Act 5 of 1908) in respect of the 
following matters, namely:- 
         (a) enforcing the attendance of any person or    examining  him   on oath; 
         (b) requiring the discovery and production of  documents;  
                          (c) receiving evidence on affidavits; and 
                          (d) issuing commissions for the examination of witnesses. 
               20. Bar on jurisdiction of Civil Courts.- No Civil Courts shall have  
jurisdiction to settle, decide, deal with any question or to determine any matter which is 
by or under this Act or the Scheme required   to be settled, decided or dealt with or 
to be determined by the Government or the Board or the  Chief Executive Officer or 
any other officer authorised by the Board. 
   21. Directors of  the Board etc. to be Public Servants.- Every Director of  the Board, 
Chief Executive Officer, other officers and employees of the Board appointed under this Act 
shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal 
Code, 1860 (Central Act 45 of 1860). 
             22.   Protection of action taken in good faith.- No suit or other legal proceeding shall 
lie against any Director of the Board or the Chief Executive Officer or any other officers in 
respect of anything which is in good faith done or intended to be done under this Act or  
Scheme. 
       23. Power of the Board to borrow.- The Board may, from time to time, with the 
previous approval of the Government and subject to such terms and conditions as may be 
specified by the Government, borrow money for the purposes of the Fund. 
             24. Directions of the Government.–(1) The Government may issue general directions to 
be followed by the Board. 
   
              (2) While exercising  the powers and performing its duties under this Act, the 
Board shall not depart from any general directions issued under sub-section (l), except with 
the prior sanction of the Government. 
            25.    Power to supersede Board.- (1) If the Government is satisfied that the Board has 
persistently made default in the performance of the duties imposed on it, by or under the 
provisions of this Act or the Scheme or has exceeded or abused its powers, the 
Government may, by notification in the Gazette, supersede the Board for such period not 
exceeding six months, as may be specified in the notification. 
                  (2) In the case of supersession of the Board under sub-section (1) the 
Government may appoint Administrator for the administration of the Board.     
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     26.   Audit of the Accounts of the Fund.- (1)   The Board shall appoint Auditors to audit 
the accounts of the Fund. 
                     (2) The accounts of the Fund shall be examined and audited by such auditors once in 
every year.      
                   (3) Government may, in respect of the audit report, or further proceeding, as it deems 
proper, may further examine the audit report through Accountant General. 
            27.  Annual Report and Audited Statement of Accounts.—(1) The annual report 
of the Board shall be prepared by the Chief Executive Officer, under the directions of 
the Board, and after approval by the Board, a copy of the report together with the 
audited statement of accounts shall be submitted to the Government within six 
months after the expiry of every financial year.              
          (2) The Government shall, as soon as the annual report submitted under sub-section 
(1) is received, cause the same together with the audited statement of such accounts to be 
laid before the next session of the Legislative Assembly immediately follows. 
         28. Power to make Rules.- (1) The Government may, by notification in the Gazette, 
make rules either prospectively or retrospectively for  carrying into effect the provisions of 
this Act and for all other purposes of the Scheme. 
                (2)   Every rule made under this Act shall be laid, as soon as may be after it is 
made, before the Legislative Assembly, while it is in session for a  total period of fourteen 
days which may be comprised in one session or in two  successive sessions, and if, 
before the expiry of the session in which it is so laid or the session immediately 
following, the Legislative Assembly makes any amendments in the rule or decides that the 
rule should not be made, the rule  shall, thereafter, have effect only in such amended form 
or be of no effect, as the case may be. However, that any such amendment or annulment 
shall be without prejudice to the validity of anything previously done under that rule.  
             29. Provisions for the transfer of fund from Kissan Abhiman Scheme.-  (1)  
Notwithstanding anything contained in any other law for the time being in force, from the date 
notified  by the Government for this purpose,  all amounts in the credit of  the existing  Kissan 
Abhiman Scheme for the payment of pension to the small scale marginal farmers shall stand 
transferred to and credited to the Fund. 
                     (2) All the rights and disputes regarding the 'Kissan Abhiman Scheme' may be 
decided by the Board. 
                      (3) From the date on which the Fund is transferred as per sub-section (1), the 
amount given by the Government annually for disbursing pension to the members of  Kissan 
Abhiman Scheme shall be disbursed through Board. 
29
This is a digitally signed Gazette.
Authenticity may be verified through https://compose.kerala.gov.in/
 
SCHEDULE 
[See Section 3(7)] 
      1.  The manner of administration of fund by the Board   (including the making of bye-law) 
      2.  Registration of farmers. 
      3.  The time and manner in which the contribution to  be made to the fund by the farmers and 
the manner in which the contribution to be realised. 
      4.  The constitution of any committee for assisting the Board. 
      5.  Duties of the Chief Executive Officer. 
6. The manner in which accounts shall be maintained, the investment of money in the Fund
in accordance with any directions issued or conditions specified by the Government, preparation 
of Budget, the audit of accounts, further actions to be taken  on audit report, submission of report 
to the Government etc. 
      7.  The form in which a member shall furnish the particulars about himself and his family 
whenever required. 
      8. The conditions under which withdrawal from the Fund may be permitted and any 
deduction or forfeiture may be made and the maximum amount of such deduction or forfeiture. 
      9.  The manner of  nominating a person to receive  family pension  on the death of a member, 
or  cancellation or variation of such nomination.
     10. The registers and records to be maintained in respect of the  members and the returns to be 
filed. 
      11. Form of identity card for the purpose of identifying the member of the Fund, its  issue, 
custody and replacement. 
     12.  Fees to be levied for any of the purposes specified in the schedule. 
     13.  The additional powers, if any, which may be exercised by the officers, appointed under 
this Act. 
     14.  The purposes for which the Fund may be utilised. 
     15.  The procedure for defraying the expenditure incurring  in the administration of the Fund. 
     16.  The matters for which the fund may be utilised for the welfare of the members or their 
dependents. 
    17.  Headquarters of the Board, daily allowance of the Board Members, Travelling Allowance, 
Honorarium etc. 
     18.  Any other matter to be provided in the scheme or necessary for implementing the scheme. 
30
This is a digitally signed Gazette.
Authenticity may be verified through https://compose.kerala.gov.in/
____________________________________________________________________________________________________________________________
PUBLISHED BY THE SUPERINTENDENT OF GOVERNMENT PRESS
AT THE GOVERNMENT CENTRAL PRESS, THIRUVANANTHAPURAM, 2019

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