Bare ActsThe PIM ACT-1999

Section 8

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In the principal Act, aftef Chapter IV, the following Chapter containing sections 22 A to 22 r shall be inserted' namely;- ,,cHAprER IV A coNTRoL 22 A. For the purpose of this Chapter "Applopriate Authority" means Division Commissioner in case of Project Committee, Disrrict Collector in case of Disrributory Committee and Sub-Divisiolal Officer Revenue in case of Water Use$' Association. 22.8. Every office beater of Farrners' Organization and every officer or servant thereof shall be deemed to be public servanr within the mcaning of secrion 21 of the Indian Penal Code, 1860 (45 of 1860). 22 C. The State Govemment or Appropriate Authority may, from time to time, cause an inquiry to be made on matters relating to maintenance or construction works by a Farmcrs' Organizadon. 22 D. (\) The State Govemmenr or Appropriate Authodry may, by an order in wriring and for reasons to be stated therein, suspend the execution of any resolution passed, order issued, license or permission granted, or prohibit the performance of any act by a Farmers, Organization, if in its ooinion.- (a) such resolution, order, license, permission ol act is in excess of the powers conferred by this Act or is contrary to any law; or (b) the execution of such resolution or order, or the coltinuance in force of such license or permission or the doing of such act is likely to cause loss, waste or misapplication of any money or damage to any propeny vested in the Farmers' Orsanization. Office bearers and officers or servant of F a r m e r s t Organization to be public servrnl Inquiry into affairs of F a r m e r s , organization Power !o s u s p e n d execution of orders €tc. ' .,. qqq*fl liqrr, k+i+ z5 egs 26-,, 396 (9) (2) Wherever an orcler is rnacle by rhe Appropriare Aurhor.iry under sub-section (l), ir shall forthwith and in no case later than ten cJays from the date ol oftler, forward to the Slate Covernmert or an officer nominated by the Srate Cou"r,u.,.,",rt' ti tt is plrryose, copy of the order wilh lhe statement ol'rcltsons for nraking it, and thc state covernnrent or thc o,licer norninaled :].^1 ]:ll confirDr, sel aside, revisq or rnoclily thc .r.cler 'r clifccl rhar ir sllall conrinue to be in rofce wrth or without nt(rdilicttion pem^'eDtly or. liu such pcriod as muy bc dec''ed fit: Provided that no or.cler of the ^appr.opriate aurhority Passcd un(rer sub-sectiorl (i) shall be confi.nred' set aside' r'cviscd or rnodified by the srate c*ainn,"nt or the olficer nouli'ated by it Iii",::h::Tt"$:.tannets' orsanization con"erned t '"u.o,*ui" olrpnuunitv o1'being heard against 22E (r) The state Goverrrnent of Appropfiate Authority nray suspend any office beare. of a Farnrers' Orgnnizalion_ (a) against wlton chalges.have beeu fr.amed jn any criminal pioceecling under any law for tlte time being in force; or. (b) against whom an enquiry has been initiated under section 22 C for serious negligence in discharge of duty under this Act or financial irregutarities. (2) An order of suspension by an Appropriate Authority under sub_secrion (1) shall be reported to the stare Govemment in casc or iiolcct commrttee, bivrsionar Commissioner in case of Distdbutory commrftee and District collector in case of water users. association within a period of ten days and shall be subject to such orders as the state Gove'rmenv Divisional commissioner/ "o]:l.j^!"lt:.:"t:: rhe case may b3, mal deem fit ,il;";';;he order of suspension is not contlrmed by the state Government/Divisional commissioner/District collector, as trre case may-' be, within 90 days from the date of receipr of such repoft it ,h;[ ;;;"";J;;,h";;##,; (3) In rhe event of the Chairperson/pr.esident, membe$ of Managing Committee, of Farmen, |:tT]:lT:::'_,* case may be,is ,rrp"na"Junj", .uil;;ij;, rhe competenr authority or tne concerned Farmers' orsanization sha' cause to cat u .p""iat m"eting of the Farmers, 3:tj"l1illll-"diately, bi not r.t", tr,"" riit."" a"yr;;;: ff. of receipt of information rrom conceming authority and the member shalr elect from amongst themselves, a pelson to hold the office of Chairperson/pr.esident, members of Managing C".;;;;", remporarily, as rhe case may be' and such officiatins chairperson/president un-d iembers oi t'tunuging committee, sha' perform all the duties and exercise att tf," po*er.'ot 6ilrp"'fi or president, members of Managing Committee, as the case may be, dudng the pedod tor wtricir suctr suspension continues. (4) A person who has been suspended under sub_section (1.) shall also forthwithstand suspended from the office of Chairperson / prcsident, mcmbers of Munug,ng committee, of any other Farmers' organization of which he is a member ", "irl"" o"r- ano such person sha, also be disqualified for being elected under the Act during his suspension. 22 F (l)The State Govemn 11der seltiSn 22 c as it.^, ;;iff'J',301'^"00,":f#,iil:l [fl;#[':i]"""i1;l;Tl'iil concened Farmers, Organization_ Suspcnsio of offico bcarer of F a r n l e r s t OrgonizatioDs. Removal of office bearers of I a r m e r s ' Organization. (a) if he has been found guilty of serious negligence in the discharge of his duties under this Act; (b) if his continuance in office is undesirable in the interest of the public: Provided that no person shall.be removed unless he has been given an opportunity to show cause why he should not be removed trom tris omj : Provided further that the final order in the inquiry shall be passed within 90 days from the date of issue of show cause nodce to the concemed office bearer and where 2'7" ze8 l2:5AD,,-' - t ' 3e6 (10) qqrtql {rqq{, kqis re sd-d zorg L i a b i l i t y o f P r e s i d e n t / Chairperson for loss, rYaste and misappropriatior. the pending casc is not dccided within 90 days, thc appropriate authority shall - inform all fhcts to his next senior oflicer in writing and request for extension of tirne for disposal of enquiry but sirch extension of time shall .rot be more than 30 drys. (2) A pelson who has bcen rerrrovcd unclel sLrb-scclion (l) shrll I'o(hwi(h ccase to be a rnenrbel of any such Falrncls' Olganiz-ation of which he is a urcrrrber itnd such persol sl]all also be disqualified 1br a peliocl ol'sixyculs to be clectcd undel this Act. 22 G. (l) Every President /Chairyersolr, n'renlber, olfice-bearcr, ofilcer or seryant of Farmels' Organization shall be Pe|sonaily liable fol loss, waste of nisapplication of any rnoney or other propelty of the Fa]nrels' Organization to which he has been a pafty or which has been caused by him by rnisconduct or gloss neglect of his duties and the arnount requircd for leimbulsing such loss, waste, or nrisapplication shall be recovered by Lhe Appropriate Authority: Pfovided tbat no r€covery shall be rnade under this seciion unless the pel.son corcerned has been given a reasonablc opportunity of being heald. (2) If the person concerned fails to pay the amount, such amount shall be recovered as affears of land rcvenue and credited to the funds of the Falmers' Organization concerned.

Section 8 – The PIM ACT-1999 | DailyLaw.ai