State of Andhra Pradesh - Act
Andhra Pradesh Oil Palm (Regulation of Production and Processing) Rules, 2008
ANDHRA PRADESH
India
India
Andhra Pradesh Oil Palm (Regulation of Production and Processing) Rules, 2008
Rule ANDHRA-PRADESH-OIL-PALM-REGULATION-OF-PRODUCTION-AND-PROCESSING-RULES-2008 of 2008
- Published on 24 November 2008
- Commenced on 24 November 2008
- [This is the version of this document from 24 November 2008.]
- [Note: The original publication document is not available and this content could not be verified.]
Chapter I
Preliminary
1.
These rules may be called the Andhra Pradesh Oil Palm (Regulation of Production and Processing) Rules, 2008.2.
In these rules unless the context otherwise requires -3.
The meetings of the Andhra Pradesh Oil Palm Advisory Committee shall generally be held at Hyderabad and the Chairman may determine such other place as he may think fit to conduct such meetings of the committee.4.
The notice for the meeting of the Oil Palm Advisory committee shall be sent be the Member Secretary of the Committee to all the members at least FIFTEEN days in advance before the date fixed for the meeting.5.
When any vacancy arises among nominated members of the Committee be reason of resignation, death or for any other reason, the Government shall nominate another person who is an oil palm grower or an expert is oil palm farming, processing or research and studies to fill in the vacancy and the person so nominated shall hold office for the residuary term of the member in whose place the person is so nominated or till the reconstitution of the Committee, whichever is earlier.Chapter III
Oil Palm Zonal Committee
6.
The annual budget of the Oil Palm Zonal Committee hereinafter referred to as Zonal Committee shall be drawn by every Zonal Committee and submit to the Oil Palm Commissioner for sanction at least one month before the commencement of the budget year. The Oil Palm Commissioner may sanction the budget with such modification as he may consider necessary.7.
The Zonal Committee shall not incur any expenditure unless the same is provided for in the budget and sanctioned. Provided that with the previous approval of the Oil Palm Commissioner given in writing, expenditure under sanctioned item may exceed the provision for that particular item.8.
The Oil Palm Commissioner may order the appointment of auditors, where necessary, for auditing the accounts of the Zonal Committee. The expenditure on such audit shall be met from the funds of the Zonal Committee.9.
The funds of the Zonal Committee shall be kept in a scheduled bank and shall be operated on by the Secretary. The Secretary shall maintain proper accounts, registers and vouchers of all income and expenditure. A duly appointed auditor shall audit shall audit the accounts annually and the Zonal Committee shall rectify all the audit objections to the satisfaction of the Oil Palm Commissioner.10.
The Secretary may, in consultation with the Chairman and the occupier of the factory in the concerned zone convene meeting of the Zonal Committee at such intervals as are required but the gap between two successive meetings of the Zonal Committee shall not ordinarily be more than four months. The procedure specified in Appendix-I shall be followed at the meetings of the Committee.Chapter-IV Register of Oil Palm Growers and Oil Palm Growers Co-Operative Societies11.
12.
13.
14.
The declaration of a factory zone in relation to a factory under Section 11 of the Act shall be subject to the following conditions namely:-Chapter VI
Weighment
15.
No Oil Palm fresh fruit bunches shall be purchased without actual weighment. The net weight of the Oil Palm fresh fruit bunches shall be correctly recorded by an Electronic Weighing machine with a print out by handing over to the farmer then and there;Provided that the certificate from Inspector of Weights and Measures shall prominently displayed at the premises of weighment, Carts, trucks, carriages etc. carrying oil palm Fresh Fruit Bunches shall be taken care of during the day of collection on FIFOBASIS and shall not be kept waiting for more than 6 hours from the time of arrival at the factory.16.
The occupier of the factory shall permit a representative of the Oil Palm Grower, his representative or a representative of the Oil Palm Growers Cooperative Society or any other person authorized by the Oil Palm Commissioner, to watch or check weighments, weighbridges and weights and examine the Oil Palm weighment receipts.17.
At every collection center, adequate facilities for weighment shall be provided by the occupier of the factory to avoid congestion and undue delay of weighment Cars, trucks, or carriages carrying Oil Palm fresh fruit bunches shall not be kept waiting for more than four hours from the time of arrival at such collection centers.18.
The occupier of the Factory may give such time-table for the Oil Palm growers in the factory zone specifying the dates on which the growers shall deliver the Oil Palm fresh fruit bunches and the growers shall adhere to the schedule so given. The occupier of a factory shall give adequate advance intimation to the growers. Any change in such time table for delivery of Oil Palm fresh fruit bunches shall be given by the occupier of factory with reasonable advance intimation so as not to cause loss to growers and the grower shall adhere to such change.Chapter VII
Registers and Records
19.
20.
The receipt in original referred to in Rule 19 shall be handed over to the person from whom the Oil Palm fresh fruit bunches are purchased or to his authorized agent.21.
When the payment is made for the Oil Palm fresh fruit bunches the signature of the payee shall be taken on the triplicate or duplicate copy of the receipt as the case may be in accordance with the above provisions and this may be applicable only for the payments made in cash.22.
The occupier of the factory shall maintain a computerized data bank for the parameters; indicated therein and cause to be maintained at the office of the company a register or record showing correctly the particulars mentioned in clauses (a) to (i) of sub-rule (1) of rule 19 and in addition the following particulars namely23.
24.
25.
An occupier of a factory shall maintain or cause to be maintained at each collection center an inspection book in which inspectors or other persons authorized by the Oil Palm Commissioner may record their remarks and instructions.26.
The registers, receipts referred to in this chapter shall be preserved by the occupier of the factory or the Oil Palm Growers Co-op. Society concerned for at least 5 agricultural years from the date of the last transaction entered therein.27.
An occupier of a factory shall maintain or cause to be maintained for each collection enter in Form 4 showing the quantity of Oil Palm fresh fruit bunches purchased, the value amount paid to the growers, amount outstanding for payment to growers and a consolidated report covering all collection centers in the factory zone shall be sent by the occupier of a factory to the Oil Palm Commissioner or any authority specified by the Oil Palm Commissioner in respect of each month by 5th day of the next month.Details of total fresh Fruit Bunches purchased in the entire factory zone can be prepared on monthly basis. The format suggested contains the details like (a) quantity of Fresh Fruit Bunches purchased till last month (b) quantity of Fresh Fruit Bunches purchased during this month (c) cumulative quantity for the year.Chapter VIII
Institution of Proceedings
Power To Exempt From Rules28.
No prosecution shall be instituted under these rules, unless the person complained against has been given an opportunity in writing to show-cause as to why he should not be prosecuted, prescribing time therein a minimum period of 15 days.29.
The Government may, for reasons to be recorded in writing by order, exempt any person from all or any of the provisions of these rules.Chapter IX
Determination of Occupier of Factory
30.
The notice of nomination of a person as occupier of a factory for the purposes of this Act under Section 19 read with subsection (5) of Section 2 shall be given to the Oil Palm Commissioner in Form 2 in Appendix II, who after examining the content, shall pass a speaking order in writing.Chapter X
Payments
31.
The payment of the price of Oil Palm Fresh Fruit Bunches shall be made at the collection center on the basis of the recorded weight of Oil Palm fresh fruit bunches. The price shall be calculated to the nearest rupee. The price approved by the Government shall be displayed in Telugu, Urdu and English languages in all the collection centers prominently.32.
Payment for Oil Palm fresh fruit bunches shall be made to the grower or his representative duly authorized by him in writing to receive the payment either at the collection center or at the office of the factory by only transfer of credit of the amount to the bank account of the grower or the Oil Palm Growers Co-operative Society as the case may be.33.
If any occupier of a factory fails to pay the approved price of the Oil Palm fresh fruit bunches in accordance with the provisions of sub-section (2) of Section 20 within a total period of two months from the date of such delivery together with the price of oil palm fresh fruit bunches and the interest thereon as per sub-section (3) of Section 20, then the Oil palm Inspector shall furnish to the Collector and District Magistrate of the district or any other officer authorized by him the value of the amounts due from the defaulters, the nature of the dues clearly specifying, the price of the Oil Palm fresh fruit bunches, interest thereon, the details of the properties that may be attached for the recovery of the dues from the defaulters in accordance with the provisions of the Andhra Pradesh Revenue Recovery Act, 1864.Levy of Tax On Purchase of Oil Palm Fresh Fruit Bunches34.
Oil Palm Inspector, appointed under Section 9 of the Act, shall be authority empowered to assess, levy and collect the tax levied under Section 21 of the Act.35.
The tax payable under subsection (1) of Section 21 of the Act shall be paid in respect of Oil Palm Fresh Fruit Bunches purchased during a month before the 15th day of the following month and information in Form 5 shall be furnished before the 21st day of the following month.36.
The amount of tax assessed under sub-section (1) of Section 21 of the Act by the authority stipulated in Rule 34 shall be paid by the person or factory liable to pay under sub-section (3) of Section 21 of the Act into the nearest treasury within 15 days from the date of passing of the order of assessment after taking into account the tax already paid.Recovery of Tax Unpaid As Land Revenue37.
If any tax is due from any person or the factory unpaid in whole or in part there of at the end of the period specified in Rule 36 above, the said tax or part thereof together with all sums payable in connection therewith shall be recoverable as if it were an arrear of land revenue by the Collector and District Magistrate of the District in accordance with the provisions of the Andhra Pradesh Revenue Recovery Act, 1864.Chapter XI
Plucking Collection and Delivery of Oil Palm Fresh Fruit Bunches
38.
39.
The Oil Palm Inspector shall be informed well in advance regarding change of collection schedules.Appendix-I(See Rule 10)Rules of Procedure For The Meeting of The Oil Palm Zonal Committee1. All meetings of the Zonal Committee shall be held at a place notified by the Secretary with the approval of the Chairman, but the meetings shall be within the jurisdiction of the factory zone provided that a meeting of the Committee may be conveyed by the Member-Secretary when the post of Chairman of the Committee is vacant due to his resignation, or for any other reasons.
2. Notice in writing about the meeting of the Committee and the agenda shall be circulated to all members not less than one week before the meeting Notice of a resolution or motion to be moved at the meeting shall be given to the Member-Secretary at least 10 days before the meeting.
3. All the meetings of the Committee shall be presided over by the Chairman. In the absence of the Chairman members present shall elect a Chairman from among themselves.
4. At the meetings of the Committee three members including the Chairman shall form a quorum. If in any meeting there is no quorum, the Chairman shall adjourn the meeting to any subsequent date and no quorum shall be necessary for the meeting so adjourned.
5. Business, other than the one contained in the agenda shall not be transacted except with the approval of the Chairman.
6. A motion or amendment may be withdrawn with the permission of the Chairman by any member who has given a notice thereto.
7. Every question shall be decided by a majority of votes of the members who are entitled to vote and are present. In the case of votes being equally divided the chairman shall exercise a second or casting vote. The Chairman shall be the sole judge of any point of order and may call any member to order and may, if necessary dissolve the meeting or adjourn to any other date.
8. An appeal against a resolution which is repugnant to the provisions of the Act and the regulation there under shall lie to the Oil Palm Commissioner within one month from the date of passing such resolution for rectification.
Appendix-IIForm-I(See Rule 11)Grower's Register| Name of the Village | : |
| Mandal | : |
| District | : |
| Name of the factory with address | : |
| Date of Planting | : |
| Name of the Collection Centre | : |
| (1) | (2) | (3) | (4) | (5) | (6) |
| SI.No. | Name of the Oil palm Grower withFather's/Husband's Name | Total holding under Oil Palm Cultivation(inAcres) | Survey Nos. of plots Oil palm Cultivation are(Acres) | Quantity of Oil palm FFBs Produced (Metric Tons) | Remarks |
| Signature of Person | Signature of |
| Nominated (with Address) | Occupier of factory |
| (with seal) | |
| Signature of witnesses | |
| With Addresses | |
| 1. | |
| 2. |
| Name of the Factory: |
| Name of the grower with code: |
| Name of the Grower with address: |
| Area under oil Palm (in Acres): |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 |
| Date | Oil palm Purchased Gross wt. Net wt. | Survey No. date of planting | Rate for M.T. | Value | Authorized deduction | Amount paid paid | Balance to be officer of | Signature of the authorized occupier of factoryI/C of collection center |
| Name of the Collection Centre with Code: | ||
| 1. | Quantity of Oil Palm fresh fruit bunchespurchased during the previous fortnight. | |
| 2. | Quantity of Oil Palm fresh fruit bunchespurchased up to the end of the previous fortnight (cumulative) | |
| 3. | Value of Oil palm fresh fruit bunches purchasedduring the previous fortnight. | |
| 4. | Value of Oil palm fresh fruit bunches purchasedup to the end of previous fortnight (cumulative) | |
| 5. | Value of Oil palm fresh fruit bunches paidduring fortnight under report. | |
| 6. | Value of Oil palm fresh fruit bunches paid up tothe end of the fortnight under report (cumulative) | |
| 7. | Amount not paid within the stipulated period(col.4 col 6) | |
| 8. | Quantity of Oil palm fresh fruit bunchespurchased during the fortnight under report. | |
| 9. | Quantity of Oil palm fresh fruit bunchespurchased up to the end of the fortnight under report. | |
| 10. | Value of Oil palm fresh fruit bunches noted inCol. 9 | |
| 11. | Price yet to be paid (co. 11 co.6) | |
| ToThe Oil Palm Commissioner,Govt, of Andhra Pradesh, Hyderabad |
| Return for the month of................. | ||
| Name of the factory with full Address: | ||
| 1. | Total quantity of Oil palm fresh fruit buncheswhich entered the factory for use consumption or sale therein (inMTs) | |
| 2. | Total quantity of Oil palm fresh fruit bunchespurchased during the month (in MTs) | |
| 3. | Quantity of Oil palm fresh fruit bunches takenfor processing into the factory' from the factory's own lands orlands taken on lease by the factory (in MT) | |
| 4. | Name of the Village and area referred to in Col.3. | |
| 5. | Amount of Tax due on the Oil palm fresh fruitbunches purchased by the factory. | |
| 6. | Amount of Tax credited into the treasury | |
| 7. | Number and date of Treasury challan or receipt | |
| 8. | Remarks. |