SIKKIM

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

Sikkim Agricultural Produce Market Act 1993

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

 

2.

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

Under Section 11-

(1) For each market area, there shall be the principal market yard and sub-market yard if necessary.

 

(2)The State Government may, by notification in the Official Gazette, declare-

(a) any enclosure, building or locality in any market area to be the principal market yard and other enclosures, buildings or localities in such market areas to be one or more sub-market yard or yards for the area; and

(b)  any area including all lands with the building and structures thereon within such distance of the principal or sub-market yard or yards, as the case may be, as it thinks fit, to be the market proper.

 

 

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

 

         i.   Market yard managed by the Market Committee,

 

       ii.   One or more than one sub market yards managed by the  Market Committee,

      iii.   One or more than one private market yards/Market. Private markets managed by a person other than a Market Committee,

     iv.   One or more than one farmers/consumer markets managed by a person other than a Market Committee.

 

3.

Direct sale/ procurement from the farmers field

No provision

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

a)      process 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.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) of Section 38 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) of Section 38 and decision in 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 –

To create and promote on its own or through public- private partnership infrastructure of post harvest handling of Agricultural Produce, cold storages, pre cooling facilities pack houses and all such infrastructure to develop modern market systems.

 

Under section 79-

The Market Development Fund shall be utilized by the Board either on its own or through public private partnership for discharge of functions entrusted to the Board.

 

6.

Market fee/tax.

 

1.Single Point levy in the entire process of marketing

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2. Fee on

  1. Direct Marketing

 

 

 

 

 

 

 

 

 

 

 

  1. Contract Farming

 

 

 

 

  1. Processing
  2. Exports

 

 

 

 

 

 

 

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

 

 

Under section 22-

Market Committee shall levy and collect fee on the Agricultural Produce bought or sold in the notified market area at a rate approved by the board and concerned by the State Government.

 

 

 

 

 

 

 

 

 

 

 

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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 42(1)-

         i.   On the sale or purchase of 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; at such rates as may be fixed by the State Government from time to time subject to minimum rate of fifty paisa and a maximum of two rupees for every one hundred rupees of the price in the manner prescribed.

 

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.

 

Under section 42 (3) - On the agricultural produce brought in the market 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.

 

Under section 46 –

(2)Market service charge shall be collected on sale of agriculture produce by the seller and will be remitted to the proprietor of the consumer market.

(3) Save as other wise provided in this Act no market fee shall be levy on the transactions under taken in the consumer/farmers market.

 

7.

Licensing :

 

         i.   Whether licensing system is simplified

 

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

Provision exists under the rule-

 to issue licences to traders, person and firms engaged in processing of Agricultural Produce, to commission agents, brokers, weighman, surveyors, warehouseman operating in a market area as may be determined by the Board.

Under section 45 – The Director/Managing Director/Prescribed authority may grant license to purchase agricultural produce by establishing private yard or from agriculturist, in and direct, one or more market area for –

 (a)    Process 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.

 

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 Section 25 (iv)

 

 

 

 

No provision exists

 

 

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) – Marketing 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.