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 Nagaland Agricultural Produce Marketing (Regulation)  Act 1985

The Nagaland Agricultural produce Marketing (Development and Regulation) Act, 2005

2.

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

Under Section 8-

(1) For every notified  market area, there shall be the principal market yard and one or more sub-market yards corresponding to market proper.

(2) State Government may declare any specified place in the market area to be a market yard or sub market yard for such notified agricultural produce as may be specified.

Under Section 5(1) - In every market area, there may be-

1. Market yard managed by the Market Committee,

2. One or more than one sub market yards managed by the  Market Committee,
3. One or more than one private market yards/private markets managed by a person other than a Market Committee,

(2)      The State Government shall, as soon as may be, after issue of notification under Section 4, by notification, declare any specified place including any structure, enclosure, open place, or locality in the market area to be a market yard or sub-market yard, as the case may be.

3.

Direct sale/ procurement from the farmers field

No provision

Under Section 45 – The Director/Member Secretary/prescribed authority may  grant license to purchase agricultural produce by establishing private yard direct purchase from  agriculturist, in  one or more market area for-

a)      processing of the notified agricultural produce;

b)      trade of notified agricultural produce of particular specification;

c)      export of notified agricultural produce;

d)      grading, packing and transaction in other way by value addition of notified agricultural produce.

4.

Institutional support to contract farming through

         i.   Registration of

sponsoring       company

       ii.   Recording of Contract          Farming agreement

      iii.   Time bound dispute resolution mechanism 

     iv.   Indemnity to farmers land       

No provision

Under section 38 – Contract Farming agreements shall be governed in the manner lay down hereinafter.

1. The Contract farming Sponsor shall register himself with the Market Committee or with a prescribed officer in such a manner as may be prescribed.

2. The contract Farming Sponsor shall get the contract farming agreement recorded with the officer prescribed in this behalf.  The contract farming agreement shall be in such form containing such particulars and terms and conditions as may be prescribed.

            Notwithstanding anything contained in contract farming agreement, no title, rights, ownership or possession shall be transferred or alienated or vest in the contract farming sponsor or his successor or  his agent as a consequence arising out of the contract farming agreement.

3.  Disputes arising out of contract farming agreement     may be referred to an authority prescribed in this behalf for settlement.  The prescribed authority shall resolve the dispute in a summary manner within thirty days after giving the parties a reasonable opportunity or being heard, in the manner prescribed.

4.  The party aggrieved by the decision of the prescribed authority under sub-section (3)  may prefer an appeal to an Appellant Authority within thirty days from the date of decision.  The Appellant Authority shall dispose of the appeal within thirty days after giving the parties a reasonable opportunity of being heard and the decision of the Appellant Authority shall be final.

5.   The decision by the authority under sub-section (3) and decision in an appeal under sub section (4)  shall have force of the decree of the civil court and shall be enforceable as such and decrial amount shall be recovered as arrears of land revenue.

6. Disputes relating to and arising out of contract farming agreement shall not be called in question in any court of law than otherwise provided herein above.

7.  The agricultural produce covered under the Contract Farming agreement may be sold to the Contract Farming Sponsor out side the market yard and in such a case, no market fees will be leviable.

5.

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

No provision

Under section 59  and 79 –

The marketing development funds may be utilized to create & promote on its own or through public-private partnership infrastructure of post harvest handling of agricultural produce, cold storages, pre-cooling facilities, pack houses.

6.

Market fee/tax.

1.Single Point levy in the entire process of marketing

2. Fee on

1. Direct Marketing

2. Contract Farming

3. Processing
4. Exports

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

Under section 21 (1)-

The Market Committee shall levy and collect fee on the Agricultural Produce bought or sold in the market area in a manner and at  rates as prescribed in the rules provided that the fee so levied shall not be less than Re.1.00/Rs.100 of the price of the agricultural produce.

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The Market Committee shall levy and collect fee on the Agricultural Produce bought or sold in the market area in a manner and at  rates as prescribed in the rules provided that the fee so levied shall not be less than Re.1.00/Rs.100 of the price of the agricultural produce.

Under section 42(2)-

 Every Market Committee shall levy market fee:-

1. Market fee specified in sub-section(1) shall not be levied for the second time in any market area of the State, provided that market fee has already been paid on that agricultural produce in any market of the State and the information in this context has been furnished, as prescribed, by the concerned person that the payment of market fee has already been made in other market;
2. Market fee shall not be levied more than once in any market area in case the agricultural produce is being resold in the process of commercial transaction between traders or to consumers, provided that the information, as prescribed has been furnished by the concerned person that the payment of due market fee has already been made on it.

Under section 46(3)-

No market fee shall be leviable on the transactions under taken in the consumer/farmers market.

Under section 38 (7) – The agricultural produce covered under the Contract Farming agreement may be sold to the Contract Farming Sponsor out side the market yard and in such a case, no market fees will be leviable.

No exemption

No exemption

Under section 46(3)-

No market fee shall be leviable on the transactions under taken in the consumer/farmers market.

Under section 38 (7) – The agricultural produce covered under the Contract Farming agreement may be sold to the Contract Farming Sponsor out side the market yard and in such a case, no market fees will be leviable.

 area for commercial transaction or for processing, if the permit issued under Section 43 has not been submitted, the market fee shall be deposited by the buyer or processor, as the case may be, in the office of the Market Committee. Within 14 days but before the sale or resale or processing or export out side the market area.

7.

Licensing :

1. Whether licensing system is simplified

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

Under section 37 –

Any person who desires to operate in the market area shall apply to the market committee for grant of a licence in such manner as may be prescribed.

Under section 45, 47 –

The prescribed authority may grant licence to operate in one or more market area.

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,  the activities are provided under sec 19(xxvi)

No separate provision exists. However,  the activities are provided under sec 19(vii)

Under section 73(2)(vii) –

 To set up separate Marketing Extension cell in the Marketing Board for transfer of marketing technology and extension services, Marketing Board 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 73 (3) – The  Board for the purpose of promotion of grading, standardization and quality certification of agricultural produce in the state shall setup an Agricultural Produce Marketing Standards Bureau to perform such functions and duties as prescribed.