LexaceLexace Ask the AI ›
⚖️ Ask the AI about your situation:🚗 Car Accident💼 Work / Job🏠 Housing / Eviction👪 Family / Divorce📋 Contract Dispute💰 Money Owed

The PUNJAB STATE FARMERS AND FARM WORKERS COMMISSION ACT, 2017

Punjab · state statute
Open in Lexace · Ask the AI about this act
PUNJAB GOVT. GAZ. (EXTRA), DECEMBER 29, 2017 245 
(PAUSA 8, 1939 SAKA) 
PART I 
GOVERNMENT OF PUNJAB 
DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS, PUNJAB 
NOTIFICATION 
The 29th December, 2017 
No. 38-Leg./2017.-The following Act of the Legislature of the State of 
Punjab received the assent of the Governor of Punjab on the 12th day of 
December, 2017, is hereby published for general information:- 
THE PUNJAB STATE FARMERS AND FARM WORKERS 
COMMISSION ACT, 2017 
(Punjab Act No.28 of 2017) 
AN 
ACT 
to provide for the establishment of the Punjab State Farmers and 
Farm Workers Commission to examine and review the status of agriculture 
and allied sectors in the State and that of rural infrastructure; to suggest 
measures of economically viable and ecologically sustainable agriculture 
development and to provide for the matters connected therewith or incidental 
thereto. 
BE it enacted by the Legislature of the State of Punjab in the 
Sixty-eighth Year of the Republic of India as follows:- 
1. (1). This Act may be called the Punjab State Farmers and Farm Workers Short title and 
Commission Act, 2017. commencement, 
(2) It shall come into force on and with effect from the date of its 
publication in the Official Gazette. 
Be In this Act, unless the context otherwise requires,- Definitions. 
(a) “agriculture” shall include horticulture and the use of the land for 
any purpose of husbandry inclusive of the keeping or breeding of 
livestock, poultry, piggery, fishery or bees and the cultivation of 
agro forestry and the like; 
(b) "Chairperson" means the Chairperson of the Commission; 
(c) “Commission" means the Commission constituted under section 3 
of this Act;

Constituion of 
the Commission. 
246 
(a) 
(e) 
(f) 
(g) 
(h) 
@ 
3. (1) 
PUNJAB GOVT. GAZ. (EXTRA), DECEMBER 239, 2017 
(PAUSA 8, 1939 SAKA) 
"farmer" means a person who owns or cultivates land and whose 
means of livelihood is income from cultivation of such land or partly 
by income from cultivation of such land and partly by income he 
gets as wages in cash or kind or partly in cash or partly in kind 
from other allied agricultural occupations he performs; 
“farm worker” means a person principally engaged with a farmer 
in the capacity of a worker on hire and who gets his wages in cash 
or kind in connection with the agricultural operations he performs; 
“Fund” means the Punjab State Farmers and Farm Workers Corpus 
Fund constituted under section 19 of this Act; 
"Government" means the Government of the State of Punjab in the 
Department of Agriculture; 
"Member-Secretary" means the Member-Secretary of the 
Commission; 
"prescribed" means prescribed by rules made under this Act; and 
“private entity" means all individuals not on government pay roll 
and all Companies, Societies, Cooperatives, partnership firms, 
charitable organizations and limited liability partnership firms. 
The Government shall, by notification in the Official Gazette, 
constitute a body to be known as the Punjab State Farmers and Farm Workers 
Commission to exercise the powers conferred upon and perform the functions 
assigned to it under this Act. 
(2) The Commission shall consist of,- 
(a) Chairperson; : Non-official Member 
(b) A representative of Farm : Non-official Member 
Workers ; 
(c) Vice Chancellor, Punjab Agricultural: Ex-officio Member 
University, Ludhiana; 
(da) Vice Chancellor, Guru Angad Dev: Ex-officio Member 
Veterinary and Animal Sciences 
University, Ludhiana; 
(e) Financial Commissioner : Ex-officio Member 
(Development); and 
(f) A-serving or a retired officer, not: Member-Secretary 
below the rank of the Secretary 
to Government of Punjab.

PUNJAB GOVT. GAZ. (EXTRA), DECEMBER 29, 2017 247 
(PAUSA 8, 1939 SAKA) 
4. (1) The Government shall appoint the Non-official members of the 
Commission and their salary and perks and other terms and conditions of 
service shall be fixed by the Government in consultation with the Department 
of Finance. 
(2) The Chairperson shall be a person who is a practicing/progressive 
farmer with at least a graduate degree or an eminent agricultural scientist and 
who has sufficient exposure regarding current domestic and international 
agricultural scenario. 
(3) The salary and allowances and other terms and conditions of 
appointment of the Member-Secretary shall be fixed by the Government in 
consultation with the Department of Finance. 
5. (1) The Non-official members of the Commission shall hold office for 
such period, as may be specified by the Government, but not exceeding five 
years. 
(2) Subject to the provisions of this Act, Non-official member, except 
one who is removed under sub-section (2) of section 6 shall be eligible for re- 
nomination only once, 
6. (1) ANon-official member may, by way of notice in writing under his 
hand addressed to the Government, resign from his office. 
(2) Notwithstanding anything contained in sub-section (1), the 
Government may, by order, remove from the office, a Non-official member, 
if he,- 
(a) is anun-discharged insolvent; or 
(b) has been convicted and sentenced to imprisonment for an offence 
which, in the opinion of the Government, involves moral turpitude; 
or 
(c) is of unsound mind and stands so declared by a competent court; 
or 
(d) refuses to act or becomes incapable of acting; or 
(e) remains absent from three consecutive meetings of the Commission, 
without obtaining leave; or 
(f) has in the opinion of the Government so abused the position of non- 
official member, as to render such person to continue in office 
being detrimental to the interest of the Commission or public interest: 
Appointment of 
non-official 
members. 
Term of office of 
non-official 
members. 
Resignation and 
removal of non- 
official members.

Disqualifications. 
Casual vacancy. 
Headquarter of 
the Commission. 
Advisory 
Councils. 
Committees. 
Meetings of the 
Commission. 
248 PUNJAB GOVT. GAZ. (EXTRA), DECEMBER 29, 2017 
(PAUSA 8, 1939 SAKA) 
Provided that no such person shall be removed under this sub- 
section unless he has been given a reasonable opportunity of being heard in 
the matter. 
Fe No person shall be eligible for appointment as a Non-official member, 
if he,- 
(a) is nota citizen of India; or 
(b) has not attained the age of 21 years; or 
(c) is of unsound mind and stands so declared by a competent court; 
or 
(d) _ is convicted and sentenced to imprisonment for an offence which 
in the opinion of the Government, involves moral turpitude; or 
(e) has been dismissed from the service of the Government for 
misconduct and has been declared to be disqualified for employment 
in public service; or 
(f) is adjudged insolvent. 
8. In the event of death, resignation or disqualification of Non-official 
member or of his becoming incapable of acting before the expiry of his term 
of office, a casual vacancy shall be deemed to have occurred in such office 
and such vacancy shall be filled as early as possible by appointment of a 
person thereto as member who shall hold office for the unexpired term of his 
predecessor. 
9. The headquarter of the Commission shall be located at Chandigarh or 
Sahibzada Ajit Singh Nagar. 
10. (1) The Commission shall have as many Advisory Councils as required. 
The members of the Advisory Council shall be nominated by the Commission 
and shall hold the term for three years. 
(2) These Advisory Councils shall provide the Commission subject 
specific inputs for advising the Government in policy and programs and other 
related matters. 
lL. The Commission may from time to time constitute such committee 
or committees for undertaking specific functions or discharging specific duties 
as may be authorized by the Chairperson. The action taken by these 
Committees shall be brought before the Commission for its approval. 
12, (1) The meetings of the Commission shall be convened by the 
Chairperson as and when required and at such time and place as he thinks fit.

PUNJAB GOVT. GAZ. (EXTRA), DECEMBER 29, 2017 249 
(PAUSA 8, 1939 SAKA) 
(2) The Member-Secretary, in consultation with the Chairperson, shall 
call the meetings of the Commission. 
(3) The meetings of the Commission shall be presided over by the 
Chairperson and in his absence, the members present shall elect one from 
amongst themselves to preside over such meeting. 
(4) At least three members of the Commission shall form a quorum 
for the meeting of the Commission. 
(5) As far as possible, the issues in the Commission shall be decided 
unanimously but where there is difference of opinion amongst the members of 
the Commission, the same shall be taken on the basis of the opinion of the 
majority of the members present. 
13. (1) The Commission shall regulate its own procedure. 
(2) Every decision of the Commission shall be taken by passing a 
resolution and shall be authenticated by the signatures of the Chairperson or 
in his absence by such other member as may be authorized by the Commission 
in this behalf. 
(3) Every instrument on behalf of the Commission shall be authenticated 
by the signature of the Member-Secretary: 
Provided that in the absence of Member-Secretary, or when it is 
considered necessary under the circumstances of the case, the Commission 
may, by an order in writing and by recording reasons thereof, authorize any 
member or officer of the Commission to authenticate any instrument. 
14. No act or proceedings of the Commission shall be questioned or 
shall be invalid merely by reason of,- 
(i) any vacancy or defect in the constitution thereof ; or 
(i) any defect in the nomination or co-option of a member; or 
(iii) any procedural irregularity not affecting the merits of a case. 
15. (1) Without prejudice, the Commission shall have the following powers 
and functions, namely:- 
(a) to provide for rights and welfare of those dependent on agriculture; 
(b) to frame an agricultural policy which contributes to increase 
farmers’ income while providing for ecological and economic sustainability 
and agriculture productivity; 
Procedure to be 
regulated by the 
Commission. 
Vacancies not to 
invalidate 
proceedings of 
the Commission. 
Powers and 
functions of the 
Commission.

Inquairy by 
Commission. 
250 
(c) 
(a) 
(e) 
(f) 
(2) 
PUNJAB GOVT. GAZ. (EXTRA), DECEMBER 29, 2017 
(PAUSA 8, 1939 SAKA) 
to collate data, information, analyze, inquire, consult, review, monitor, 
survey, undertake studies and suggest measures for,- 
(i) improving the status of agriculture and allied sectors, rural 
infrastructure, agriculture extension and education, quality and 
delivery of agricultural goods/inputs and services by all entities 
including both, Government and private; 
promoting the off-farm job creation in rural areas; 
  
market interventions, mechanization and adoption of new 
technologies for agricultural production, value addition, post 
harvest handling and processing of the produce; 
(iv) domestic and international markets to assess the competition, 
future trends, local demand, export potential, import 
substitution; and 
(v) promotion of cooperatives for delivery of goods/inputs and 
services with an aim to increase the efficiency and the 
economic sustainability of rural economy; 
to consider demands and grievances of those dependent on 
agriculture and various farmers’ Associations and Unions and to 
meet their representatives from time to time and make suitable 
policy recommendations to the Government; 
to consider any other issue, which is relevant to the above or is 
specially referred to the Commission by the Government; and 
to requisition and utilize the services of any organization or officer 
or any other person for the purpose of fulfilling its mandate under 
this Act. 
The Government shall consult the Commission on matters relating 
to welfare of those dependent on agriculture and matters referred to by the 
Commission to the Government; 
16. (1) Subject to the provisions of this Act, the Commission may initiate a 
suo-motu inquiry on matters relating to its mandate and for the purpose of the 
inquiry, the Commission shall have the same powers as are vested in a civil 
court while trying a suit under the Code of Civil Procedure, 1908 (Act No. 5 
of 1908) in respect of the following matters, namely:- 
(i) summoning and enforcing the attendance of any person and 
examining him on oath,

PUNJAB GOVT. GAZ. (EXTRA), DECEMBER 29, 2017 251 
(PAUSA 8, 1939 SAKA) 
(ii) requiring the discovery and production of documents; 
(iii) receiving evidence on affidavits; 
(iv) requisitioning any public record or copy thereof from any court 
or office; 
(v) issuing summons for the examination of witnesses; and 
(vi) such other matters, as may be prescribed. 
(2) Notwithstanding anything contained in any other law for the time 
being in force, the Commission may during inquiry of any complaint under this 
Act, examine any record to which this Act applies which is under the control 
of public authority or private entity, and no such record shall be withheld from 
it on any ground. 
(3) In case of non-compliance of directions of the Commission by the 
public authority, it may recommend to the higher public authority to initiate 
disciplinary proceedings against the defaulting officer, and in case of non- 
compliance by a private entity, it may ask the respective legal Authority to 
proceed against it as per law. 
17, (1) The Member-Secretary shall assist the Commission in carrying 
out the purposes of this Act. He shall,- 
(i) administer day to day affairs of the Commission and supervise and 
manage the day to day functioning of the Commission and issue 
directions, orders or instructions to the employees of the Commission 
in consultation with the Chairperson; 
(ii) make arrangements for proper maintenance and custody of all 
records, securities, cash and the properties of the Commission; 
(iii) endorse and transfer promissory notes, Government and other 
securities and endorse, sign, encash, cheques and other negotiable 
instruments on behalf of the Commission; 
(iv) sign all deposit receipts and operate the accounts of the Commission 
with bank(s) and the financing agencies; 
(v) institute, conduct, defend, compromise, refer to arbitration, legal 
proceedings in favour of or against the Commission or its officers 
or employees through any officer or employee of the Commission 
or otherwise through legal practitioners or any other person 
authorized by him in this behalf; 
Functions of the 
Member- 
Secretary.

Appointment of 
officers and other 
employees, 
Funds of the 
Commission. 
252 PUNJAB GOVT. GAZ. (EXTRA), DECEMBER 29, 2017 
(PAUSA 8, 1939 SAKA) 
(vi) determine, powers, duties and responsibilities of the employees of 
the Commission in consultation with the Chairperson; 
(vii) enter into negotiations and contracts and rescind and make such 
notes, deeds and instruments as may be necessary on behalf of the 
Commission in relation to any of the object of the Commission or 
otherwise in the interest of the Commission; 
(viii) take necessary steps as may be necessary to avoid any loss or 
prevent damage or loss to the assets, properties and interests of 
the Commission; 
(ix) appoint custodians of books and records and other properties of 
the Commission; and 
(x) exercise all such powers as may be delegated to him by the 
Commission or by the Chairperson. 
(2) The Member-Secretary may, in consultation with the Chairperson, 
delegate any of his powers to an officer of the Commission for effective and 
efficient functioning of the Commission. 
18. (1) The Commission may appoint such number of officers and other 
employees, as it may consider necessary, to carry out the provisions of this 
Act, in consultation with the Department of Finance through the Government. 
(2) The terms and conditions of service of the officers and other 
employees of the Commission shall be such, as may be decided by the 
Government in consultation with the Department of Finance. 
(3) All the employees of the Commission shall perform their duties 
under the superintendence and control of the Chairperson. 
19. (1) There shall be constituted a Fund to be called the Punjab State 
Farmers and Farm Workers Corpus Fund and there shall be credited thereto 
any grants made to the Commission by the Government and all sums received 
by the Commission from such other sources as may be decided upon by the 
Government. 
(2) The Government may, after due appropriation made by the State 
Legislature by law in this behalf, make to the Commission grants of such sums 
of money as the Government may consider necessary. 
(3) The Fund referred to in sub-section (1) shall be applied for meeting 
salary, allowances and other remuneration of the Chairperson, Member- 
Secretary, officer(s) and other employees of the Commission and the expenses

PUNJAB GOVT. GAZ. (EXTRA), DECEMBER 29, 2017 253 
(PAUSA 8, 1939 SAKA) 
of the Commission in the discharge of its functions under this Act and expenses 
on objects and for purposes authorized by this Act. 
(4) The Chairperson and Member-Secretary of the Commission shall 
be authorized to undertake statutory expenses such as wages, bills, contingent 
and miscellaneous expenses to a limit delegated by the Commission. 
20. (1) The Commission shall maintain proper accounts and other relevant 
records and prepare an annual statement of accounts in such form as may be 
prescribed. 
(2) The accounts of the Commission shall be audited by the Accountant 
General at such intervals as he may consider appropriate and any expenditure 
incurred in connection with such audit shall be payable by the Commission to 
the Accountant General. 
(3) The Accountant General or any person appointed by him in 
connection with the audit of accounts of the Commission under this Act shall 
have the same rights and privileges and the authority in connection with such 
audit as the Accountant General generally has in connection with the audit of 
the Government account(s) and, in particular, shall have the right to demand 
the production of books, accounts, connected vouchers and other documents 
and papers and to inspect any of the offices of the Commission. 
(4) The accounts of the Commission as certified by the Accountant 
General or any other person appointed by him in this behalf together with the 
audit report thereon, shall be forwarded annually to the Government by the 
Commission, 
21. The Commission shall prepare in such form and at such time, for 
each financial year, as may be prescribed, its annual report, giving a full account 
of its activities during the previous financial year and forward a copy thereof 
to the Government. 
22; Upon receipt of a report made under section 21, the Government 
may take such action thereon, as it may consider appropriate. 
23. The Government shall cause the annual report, together with a 
memorandum of action taken on the recommendations contained therein, in 
so far as they relate to the Government, and the reasons for the non- 
acceptance, if any, of any of such recommendations, and the audit report to 
be laid, as soon as may be, after the reports are received before State 
Legislative Assembly. 
Accounts and 
audit. 
Annual report. 
Action on 
Commission's 
reports. 
Annual report 
and audit report 
to be laid before 
State Legislative 
Assembly.

Powers to make 
reference to 
Commission. 
Members of the 
Commission to be 
public servants. 
254 PUNJAB GOVT. GAZ. (EXTRA), DECEMBER 29, 2017 
(PAUSA 8, 1939 SAKA) 
24. (1) The Government shall have the power to make a reference to the 
Commission with regard to any matter of policy or in respect of any act done 
by the Commission in contravention of the provisions of this Act or the rules 
made thereunder. 
(2) The Commission shall report to the Government about the action, 
if any, it proposes to take or has taken upon the reference made under this 
section and shall furnish an explanation, if it fails to take action. 
(3) If the Commission fails within a reasonable time to take action on 
such reference to the satisfaction of the Government, it may after considering 
explanation submitted by the Commission, issue such directions consistent 
with this Act, as may be considered necessary and the Commission shall 
comply with such directions. 
(4) The Government may, at any time, arrange for an inspection of or 
inquiry into the affairs of the Commission by such authority or person, as it 
may specify, to satisfy about the proper and effective functioning of the 
Commission and also upon any matter connected with the administration and 
finances of the Commission. 
(5) The Commission may authorise any person to represent it at the 
inspection or inquiry referred to in sub-section (4), 
(6) On receipt of the report of inspection or inquiry referred in sub- 
section (4), the Government may examine the same and give such directions, 
as it may consider necessary to the Commission. 
(7) The Chairperson shall within a period of thirty days from the date 
of receipt of the directions given under sub-section (6), send an intimation to 
the Government about the action taken by the Commission in pursuance of 
the said directions. 
(8) On the expiry of the period specified in sub-section (7), the 
Government may after considering the intimation, if any, received from the 
Chairperson, issue such directions to the Commission, as it may consider 
necessary and the Commission shall comply with such directions. 
25, All members, officers and employees of the Commission shall be 
deemed, while acting or purporting to act in pursuance of any provision of this 
Act, to be public servants within the meaning of section 21 of the Indian Penal 
Code, 1860 (Act No. 45 of 1860).

PUNJAB GOVT. GAZ. (EXTRA), DECEMBER 29, 2017 255 
(PAUSA 8, 1939 SAKA) 
26. No suit or other legal proceedings shall lie against the Commission 
or its authorities, or any employee or officer of the Commission for anything 
which is done or intended to be done in good faith under this Act or the rules 
or the regulations made thereunder. 
27. (1) Ifany difficulty arises in giving effect to the provisions of this Act, 
the Government may, by an order published in the Official Gazette, make such 
provision(s), not inconsistent with the provisions of this Act, as may appear to 
be necessary for removing the difficulty: 
Provided that no such order shall be made under this section after 
the expiry of a period of two years from the date of commencement of this 
Act, 
(2) Every order made under this section, shall be laid as soon as may 
be, after it is made, before the House of the State Legislature. 
28. (1) The Government may, by notification in the Official Gazette, make 
rules for carrying out the purposes of this Act. 
(2) Every rule made under this section shall be laid, as soon as may be 
after it is made, before the House of the State Legislature while it is in session 
for a total period of ten days, which may be comprised in one session or in two 
or more successive sessions, and if, before the expiry of the session in which 
it is so laid or the successive sessions aforesaid, the House agrees in making 
any modification in the rule or the House agrees that the rule should not be 
made, the rule shall thereafter have effect only in such modified form or be of 
no effect, as the case may be. However, any such modification or annulment 
shall be without prejudice to the validity of anything previously done or omitted 
to be done under that rule. 
VIVEK PURI, 
Secretary to Government of Punjab, 
Department of Legal and Legislative Affairs. 
1406/12-2017/Pb. Govt. Press, S.A.S. Nagar 
Protection of 
action taken in 
good faith. 
Power to remove 
difficulties. 
Power to make 
rules.

‹ Prev All Punjab acts Next ›