THE KHYBER PAKHTUNKHWA FARM SERVICES CENTERS ACT, 2014.

(KHYBER PAKHTUNKHWA ACT NO. VIII OF 2014)

CONTENTS

PREAMBLE

SECTIONS

1. Short title, extent and commencement.

2. Definition.
3. Establishment of Farm Services Centre.
4. Functions of Centre.
5. Management of Centre.
6. Management Committee.
7. Powers and functions of the Management Committee.
8. Remuneration of Management Committee.
9. Funds.
10. Validity of acts of Management Committee.
11. Assistance by relevant department.
12. Farm Services Centre Board.
13. Powers and functions of the Board.
14. Oath.
15. Power to make regulations.
16. Power to make rules.
Form
 THE KHYBER PAKHTUNKHWA FARM SERVICES CENTERS ACT, 2014.

(KHYBER PAKHTUNKHWA ACT NO. VIII OF 2014)

[First published after having received the assent of the Governor of

the Khyber Pakhtunkhwa in the Gazette of Khyber Pakhtunkhwa
(Extraordinary),dated the 26th March,2014].

AN
ACT
to provide for establishment and regularisation of Farm Services Centres with
public private partnership, in the Province of the Khyber Pakhtunkhwa

Preamble.--- WHEREAS it is expedient to provide for the establishment and

regularisation of Farm Services Centres with public private partnership, in the Province of
the Khyber Pakhtunkhwa and for matter connected therewith and ancillary there to;

It is hereby enacted as follows:

1. Short title, extent and commencement.--- (1) This Act may be called the Khyber
Pakhtunkhwa Farm Services Centres Act, 2014.

(2) It shall extend to the whole of the Province of the Khyber Pakhtunkhwa.

(3) It shall come into force at once.

2. Definition.--- (1) In this Act, unless the context otherwise requires, the following
expressions shall have the meanings hereby respectively assigned to them, that is to say,-

(a) Board means the Khyber Pakhtunkhwa Farm Services Centre Board
established under section 12;

(b) Centre means a Farm Services Centre established under section 3;

(c) Department means Agriculture, Livestock and Cooperation

Department of the Khyber Pakhtunkhwa;

(d) "facilitator" means a person who is deputed, notified or assigned duties

by Government to facilitate members of a Centre and to act as a
Secretary of a Centre;

(e) Farm means a unit used for growing crops or rearing animals are
brought up and care for by an individual or a group of persons;
 (f) financial institution means a bank or a donor agency;

(g) Form means the Form appended to this Act;

(h) General Secretary means the General Secretary elected by the

members of the Management Committee of a Centre;

(i) General Body means a General Body comprising of registered members

of a Centre;

(j) Government means the Government of the Khyber Pakhtunkhwa;

(k) Government contribution means one time financial assistance which

shall be provided by Government to each Centre, equivalent to the
amount collected by a member of Centre at the time of its establishment;

(l) input means anything which contribute positively to promote and

develop agriculture;

(m) Management Committee means a Management Committee elected by

the General Body to run the affairs a Centre;

(n) member means a member of a Centre;

(o) President means the President of a Management Committee;

(p) Province means the Province of the Khyber Pakhtunkhwa; and

(q) Vice President means the Vice President of a Management

Committee.

3. Establishment of Farm Services Centre.---(1) As soon as may be after the

commencement of this Act, Government shall establish Farm Services Centres in each
district of the Province, on the basis of public private partnership, and on such terms and
conditions as may be prescribed.

(2) The Model Farm Services already established under Federal Government,
Ministry of Food, Agriculture and Livestock under the Agriculture Support Project Loan-II
(ASPL-II) project named Integration of Agriculture Services, in all districts of the Province,
approved from Departmental Development Working Party (DDWP) on 15-02-2006, shall be
deemed to have established under this Act and carry on functions, under the provisions of
this Act.

(1) Government shall post a Director from the Department at Provincial level to
manage, supervise and monitor the affairs and functions of the Centres.
 (2) Each Centre established in the District shall be a body corporate to the extent
that it shall acquire movable and immovable property, having perpetual succession and a
common seal, can sue and be sued:

Provided that immovable property shall either be obtained on lease or purchase for
carrying out the farming activities.

(5) Each Centre may take any decision for the betterment of farming community.

(6) Any person, not less than 18 years of age, having his own agricultural land,
poultry farm, dairy farm, fish farm, involved in agribusiness diversification activities, a
tenant or having casual farm agricultural activities shall be eligible for the membership of a
Centre:

Provided that such person has not been declared defaulter or insolvent by any
financial institution or convicted by a Court of law.

(7) Government may provide State land or building, if available, free of charges
if deems consider proper, to be utilized for the purposes of establishment of Centre under
this Act, and shall be re-transferred to Government if not required further to a Centre.

4. Functions of Centre.--- Subject to the general control and supervision of the Board,
the Centre shall--

(a) safeguard farmers rights and interests;

(b) enhance farmers knowledge and skills;

(c) boost the modernization of agriculture;

(d) increase crop yields;

(e) improve farmers livelihood;

(f) develop rural economy;

(g) purchase certified seed, fertilizers, animal husbandry services, quality

veterinary health care services and medicines, farm machinery, expertise and
technology for the provision to the members who are registered with the
Centre on affordable rates in comparison to open market rates;

(h) provide or extend the facility of loan to the members, subject to the
availability of fund, from its own resources on such terms and conditions as
may be prescribed by Board;
 (i) facilitate its members to avail the facilities of laboratories established and
maintained by Government on such charges as may be prescribed from time
to time by Government; and

(j) make marketing arrangements for all types of surplus produce at Centres.

5. Management of Centre.--- Each Centre shall consist of a General Body and shall be
managed through Management Committee established under section 6 of this Act.

6. Management Committee.--- (1) The General Body of a Centre, shall elect,

President, Vice President, General Secretary, Finance Secretary and such other persons as
the Board on the recommendation of General Body may specify, for a period of three years
through such procedures as may be prescribed by the Board.

(2) Government shall nominate for each Centre one technical official or officer
of local offices of the Department to act as facilitator to a Centre.

(3) The facilitator of a Management Committee shall have no right to cast vote.

(4) A Management Committee shall conduct and regulate its business in such a
manner as may be prescribed by the Board.

(5) A Management Committee shall be a non-political entity.

(6) Except the facilitator, all the members of the Management Committee shall
be the residents of the Union Council concerned.

7. Powers and functions of the Management Committee.--- The following shall be

the powers and functions of the Management Committee:

(a) constituting committees, sub-committees and assign responsibilities to

such committees and sub-committees respectively, when and where so
required for the smooth running of business of the Centres;

(b) provision of services to the farming community or members of Centres

for their facilitation;

(c) purchase of movable and immovable assets as per requirements, duly

recommended by the technical member, demanded through a resolution
passed by a Management Committee with three-fourth majority;

(d) provide inputs and farm machinery procured or purchased to the

members on minimum profit on priority;

(e) sold surplus inputs in the market on prevailing rates;

 (f) purchase, procure or dispose of stock in a recorded manner as laid down
under accounting procedures of Government;

(g) keep the members list up-to-date;

(h) approve the yearly work plan of the Centre;

(i) resolve the conflict between the members of General Body;

(j) prepare and get the budget of the Centre approved from General Body
by majority and review balance sheets of all financial and physical
activities of the Centre;

(k) terminate the membership or portfolio of any member, who deliberately

violates the rules, regulations of Centre or remains absent from three
consecutive meetings of the Management Committee without any valid
reason;

(l) approve the recommendations of agriculture experts or consultants for

dissemination and implementation; and

(m) have the right to spend money out of the available budget of the Centre
for the purposes of the Centre.

8. Remuneration of Management Committee.--- Government may, if deem fit,

determine the remuneration in consultation with Management Committee, if a Centre is
running on profitable basis.

9. Funds.--- (1) Each Centre shall have a Fund which shall consist of donation from
Provincial allocations, grants, membership fee, contribution, income from own resources,
donations, trusts, bequests endowments and any other sources of income.

(2) A Centre or any person generally or specially authorized by it may apply to

the Collector for recovery of any sum due to the Centre under any bond or otherwise and the
Collector shall thereupon proceed to recover the sum due as if it were arrears of Land
Revenue according to the procedure as prescribed under the Land Revenue Act 1967.

(3) The Accounts of a Centre shall be maintained and audited in such form and
in such manner as may be prescribed by Government.

10. Validity of acts of Management Committee.--- Every act of Management

Committees shall be valid, despite of any vacancy in the composition of Management
Committee.
11. Assistance by relevant department.--- All the sub-ordinate offices under the
administrative control of Secretary Agriculture or any related department, shall be bound to
provide assistance to a Centre if and when so required by it.

12. Farm Services Centre Board.--- (1) As soon as may be, after the commencement of
this Act, Government shall establish a Board to be known as the Khyber Pakhtunkhwa Farm
Services Centre Board.

(2) The composition of the Board shall be as follows:

(a) Secretary to Government of the Khyber Chairman

Pakhtunkhwa, Agriculture, Livestock and
Cooperation Department;

(b) Director-General Agriculture (Extension); Vice chairman

(c) Director-General Livestock and Dairy Member

Development (Extension);

(d) one nominee each of the Finance and Planning Members

and Development Departments;

(e) seven divisional Presidents of Centres; and Members

(f) Director, of the Farm Services Centres. Secretary

(3) The persons under clause (e) of sub-section (2) shall be elected from amongst
the Presidents of Centres of divisional set up of the Province.
(4) The members at clause (e), shall hold office for a period of three years and
may not serve on the Board for more than two consecutive terms.

(5) The Board shall meet bi-annually at the start of each cropping season and
whenever required at such time and place and observe such rules as may be prescribed by
Government.

(6) The Chairman shall preside over the meeting and in his absence Vice-
Chairman of the Board shall preside over the meeting.

(7) Six members including at least two ex-officio members shall constitute
quorum for a meeting of the Board.

(8) All decisions in a meeting shall be taken by majority of votes and the
Chairman shall have the casting vote in case of equality of votes.

(9) Government may remove any member, appointed under clause (e) of sub-
section (2), during the tenure of his office in the manner as may be prescribed by rules.
 (10) Any vacancy caused due to death, resignation or removal of a member under
clause (e) of sub-section (2), shall be filled in by Government within one month through
appointment of another person as member and such appointee shall, hold such office for the
unexpired term of his predecessor.

(11) Any member under clause (e) of sub-section (2), may resign from his office
by tendering his resignation to Government.

13. Powers and functions of the Board.--- (1) Subject to the provisions of this Act, the
Board shall have the following powers and functions,-

(a) prescribe procedure for the establishment a Centre;

(b) constituting committees, sub-committees and assign responsibilities to

such committees and sub-committees respectively, when and where
so required for the smooth running of business of the Board;

(c) effective supervision and coordination of Centres at provincial and

local levels, develop and coordinate activities programmes and plans
for the development and sustainability of Centres;

(d) coordination with national and international organizations in

connection with Centres activities;

(e) implementation of policies for development and sustainability of

Centres;

(f) monitoring of the implementation of this Act;

(g) developing a system if necessary, of acquiring partnership of private

organizations for management and funding of any Farm Services
Centre;

(h) developing a uniform structure for data collection and computerized

data recording and to facilitate evidence based policy formulation;
and

(i) carrying out such other acts and things as are ancillary or incidental to
any of the functions stated above and any other functions, which may
be assigned to it by Government.

(2) The Board shall be the monitoring, controlling and policy decisions making
body of the affairs of Centres.

(3) The Board may authorize the member or members for the performance of its
functions under this Act.
14. Oath.Members of the Management Committee, General Secretary and President
of Centres shall take oath of their offices in accordance with the Form appended to this Act.

15. Power to make regulations.--- Board may make regulations for the following
matters for the purpose of uniformity,-

(a) conduct of business for General Body and Management Committee;

(b) registration of Centre;

(c) membership and termination of membership;

(d) election for Management Committee and Board;

(e) duties and responsibilities of the office bearers of the Management

Committee;

(f) allocation of funds and other financial matters;

(g) procurement of goods, service and consulting services; and

(h) de-registration of a Centre.

16. Power to make rules.-- Government may, by notification in the official Gazette
make rules for carrying out the purposes of this Act.
 Form

I, ________________, having been elected as ______________, of Farm Services

Centre _______________, do solemnly swear that I will abide by and uphold the Act and
By-laws of Farm Services Centre faithfully and impartially perform the duties of
_______________, as prescribed by law to the best of my ability and capacities, without
fear or favour with the aim of furthering the purpose of this organization and advancing
interest of farming community.

May Allah the almighty help me in the services and responsibilities bestowed upon
me by farming community.

___________________________
Signature