HIMACHAL PRADESH

Sl.No.

Area of Reforms

Position of the Act

before amendment

Position of the Act

after amendment

Remarks

1

2

3

4

5

1.

Title of the Act

The Himachal Pradesh Agricultural produce Markets Act, 1969

The Himachal Pradesh Agricultural and Horticultural Produce Marketing (Development & Regulation)Act 2005

 

2.

Allowing setting up of Competitive Markets by private persons, farmers and consumers.

Under clause 5 of the Act –

(1)For each notified market area, there shall be one principal market yard and one or more sub-market yards as may be necessary.

 

(2) The Board may, with the prior approval of State Government by notification, declare any enclosure, building, locality or other area in any notified market area to be principal market yard for the area and other enclosures, buildings, localities or other areas to be one or more sub-market yards for the notified market area.

Under section 21(1)-In every market area, there may be –

(i)market yard managed by the Committee;

(ii) one or more than one sub-market yards managed by the committee; and

(iii) private market yards, private markets, farmers and consumer markets managed by a person other than a committee.

 

3.

Direct sale/ procurement from the farmers field

No provision

Under section 22-

Any person who desire to establish private yard for the purchase of agricultural produce direct from the agriculturist or for providing infrastructure in any market area for -

(a) the process of the notified agricultural produce;

(b) the trade of notified agricultural produce of particular specification;

(c) the export of notified agricultural produce; and

(d) the grading, packing and transaction in other way by value addition of notified agricultural produce shall make an application for obtaining the license in accordance with the provisions of section 25 of this Act.

 

4.

Institutional support to contract farming through

 

  1. Registration of

 sponsoring       company

 

  1. Recording of Contract          Farming agreement
  2. Time bound dispute resolution mechanism 
  3. Indemnity to farmers land       

No provision

Under section 24- No person shall undertake contract farming unless registered under section 40 of this Act, and shall have to enter into an agreement with contract farming producer on such form and in such manner as may be prescribed.

 

Under section 28- Provided further that it may not be necessary to bring agricultural produce covered under contract farming to the market yard, sub-market yard or private yard and such agricultural produce may be directly sold  to Contract Farming Sponsor from farmer’s fields.

 

Under section 80-

(1) If any dispute arises out of any agreement or contract entered into, under the provisions of this Act, rules or bye-laws made thereunder, between the Sponsor and Contract Farming Producer or between the Board and the trader or between the Committee and the trader, the same shall be resolved through conciliation and arbitration.

(2) The Arbitration and Conciliation Act, 1996 (26 of 1996) shall apply to the  conciliation and arbitration proceedings referred under sub-section(1).

 

5.

Promote Public-Private Partnership in financing, construction, operation and management of agricultural markets.

No provision

Under section 39 –

(viii)set up and promote public – private partnership in the management of the markets;

(ix) promote Public-private partnership for carrying out extension activities in its area viz., collection, maintenance and dissemination of information in respect of production, sale, storage , processing, prices and movement of the notified agricultural produce.

 

6.

Market fee/tax.

 

1   Single Point levy in the entire process of marketing

 

 

 

 

2   Fee on

         i.   Direct Marketing

       ii.   Contract Farming

      iii.   Processing

     iv.   Exports

 

(3) Whether any rationalization/ Simplification done  in the levy of market fee.

 

 

Under rule 80- No fee shall be levied on the same agricultural produce more than once in the same notified area.

 

 

 

-

-

-

-

 

Under clause 21- Fee @ not exceeding Re.1/-for every Rs.100/- or as may be fixed by the Board.

 

 

Under section 45(1)- Market fee specified in section 44 shall not be levied for the second time in any market area within the State provided that market fee has already been paid on that agricultural produce in any market area of the State and the information in this context has been furnished, by the concerned person that the market fee has already been paid in other market of the State.

 

No exemption

No exemption

No exemption

No exemption

 

Under section 44 -

Every Committee shall levy charge and collect market fee in the manner  as may be prescribed on ad-valorem basis at the rate not exceeding two rupees for  every one hundred rupees as may be fixed by the State Government-

(i) on the sale or purchase of the notified agricultural produce, whether brought from within the State or from outside the State into the market area; and

(ii) on the notified agricultural produce whether brought from within the State or from outside the State into the market area for processing.

 

7.

Licensing :

 

  1. Whether licensing system is simplified

 

  1. Whether provision made for issue of a single license to operate in the entire State or part of the State

 Under rule 9-A separate licence shall be required by a person for setting up, establishing or continuing or allowing to be continued more than one place for the purchase, sale, storage and processing of agricultural produce in the same notified market areas.

Under section 40-

(1) Every person who, in respect of notified agricultural produce, desires to operate in the market area as a trader, commission agent, weighman, hamal, surveyor, ware houseman, contract farming sponsor, owner or occupier of the processing factory or any other market functionary, shall apply to the Secretary of the Committee for  registration or renewal of registration in such manner and within such period as may be prescribed.  The Secretary of the Committee shall be the authority to grant registration certificate with the prior approval of the Committee.

Provided that any person may buy agricultural produce in the market yard/sub-market yard on day to day basis even without getting registered:

Provided further that any person who desires to trade or transact or deal in any notified agricultural produce in more than one market area, shall get registered, for respective function from the Managing Director of the Board.

 

8.

Whether Marketing Board has set up:

(i) Separate extension cell to provide market led extension services to the farmers

 

 

 

(ii)Separate Agricultural Produce Marketing Standard Bureau to promote grading and standardization of agricultural commodities.

No separate provision exists, however, extension, publicity activities are provided under  Rule - 49.

 

 

 

 

 

 

No separate provision exist, however, activities are provided under Rule -  47.

No separate provision exist, however, Extension, publicity activities are provided under section 11(2)(vii)-

To undertake marketing extension activities in the Board for the transfer of marketing technology and extension services. It may also make necessary arrangements for propaganda and publicity on matters related to regulated marketing of an agricultural produce and development of marketing;

Under section 51 (viii) - the collection and dissemination of information relating to crop statistics and marketing in respect of the agricultural produce.

 

Under Section 11(2)(xiii)-Board will set up an Agricultural Produce Marketing Standards Bureau to perform such function and duties as may be prescribed for the purpose of promotion of grading standardization and quality certification of agricultural produce in the State.