1797 Regd. No. NW/CH-22 Regd. No. CHD/0092/2018-2020 PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 20, 2020
(ASVN 28, 1942 SAKA)
EXTRAORDINARY
Published by Authority
CHANDIGARH, TUESDAY, OCTOBER 20, 2020
(ASVINA 28, 1942 SAKA)
PUNJAB VIDHAN SABHA SECRETARIAT
NOTIFICATION
The 20th October, 2020
No. 32-PLA-2020/76.-The Farmers' Produce Trade and Commerce
(Promotion and Facilitation) (Special Provisions and Punjab Amendment)
Bill, 2020 is hereby published for general information under the proviso to rule
121 of the Rules of Procedure and Conduct of Business in the Punjab Vidhan
Sabha (Punjab Legislative Assembly):-
Bill No.32-PLA-2020
THE FARMERS' PRODUCE TRADE AND COMMERCE
(PROMOTION AND FACILITATION) (SPECIAL
PROVISIONS AND PUNJAB AMENDMENT) BILL, 2020
A
BILL
further to amend and add special provisions in the Farmers' Produce
Trade and Commerce (Promotion and Facilitation) Act, 2020, in its application
to the State of Punjab, with a view to restore the agricultural safeguards for
the farmers of the State of Punjab ensured through the regulatory framework
( 1797 )
1798 PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 20, 2020
(ASVN 28, 1942 SAKA)
of the Punjab Agricultural Produce Markets Act, 1961 (Punjab Act No. 23 of
1961), in order to secure and protect the interests and livelihood of farmers
and farm labourers as also all others engaged in agriculture and related activities.
WHEREAS the Central Government has enacted the Farmers' Produce
Trade and Commerce (Promotion and Facilitation) Act, 2020 (Central Act
No. 21 of 2020), (hereinafter referred to as the "Central Act") to provide a
new regime for trade and commerce in agricultural produce;
AND WHEREAS one of the direct consequence of this Central Act
would be to nullify the minimum support price mechanism guaranteed through
the existing structure that has stood the test of time which would introduce
several other infirmities and distortions operating to the grave detriment and
prejudice of agriculture and communities associated with it;
AND WHEREAS the Central Government has introduced a trading
mechanism through the Central Act that is vulnerable to encroachment and
manipulation by vested corporate interests leaving the farmer open to the
vagaries of market forces for getting an optimum price for agriculture produce,
fruits and vegetables;
AND WHEREAS as per the Agriculture Census 2015-16, 86.2 percent
of the farmers own less than five acres of land and a majority of them own
less than two acres of land falling in the category of small and marginal farmers
and consequently have limited or no access to multiple markets with an inherent
handicap of bargaining power to negotiate fair-price contracts, hence, requiring
proper protection by the State Government to ensure a level playing field,
prevent exploitation and an optimum guarantee of fair market price for the
agriculture produce;
AND WHEREAS this is the primary and principal responsibility of the
State Government but the Central Act fails to take into account this imperative
object of the Constitution of India;
AND WHEREAS agriculture, agricultural markets and land is the primary
legislative domain of the State falling under entries 14, 18 and 28 of List II –
State List given in the Seventh Schedule to the Constitution of India; and
'production, supply and distribution of goods' is also a State Subject under
entry 27 of List II - State List read with entry 33 of List III - Concurrent List
given in the Seventh Schedule to the Constitution of India;
1799
PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 20, 2020
(ASVN 28, 1942 SAKA)
AND WHEREAS the Legislature of the State of Punjab is enacting the
present Act to protect the interest of farmers, farm labourers, those engaged
in ancillary and incidental activities relating to production, sale and marketing
of agricultural produce as also consumers and for adherence to the minimum
support price mechanism through the existing structure.
BE it enacted by the Legislature of the State of Punjab in the Seventy-
first Year of the Republic of India as follow: -
1. (1) This Act may be called the Farmers' Produce Trade and Commerce
(Promotion and Facilitation) (Special Provisions and Punjab Amendment) Act,
Short title, extent and commencement.
2020.
(2) It shall extend to the whole of the State of Punjab.
(3) It shall come into force on and with effect from the date of its
publication in the Official Gazette.
Definitions.
2. (1) In this Act, unless the context otherwise requires,-
(a) "Minimum Support Price" means the price announced for crop
purchases by the Central Government in consultation with the
Commission for Agricultural Costs and Prices insofar as it relates
to wheat and paddy alone;
(b) "prescribed" means prescribed by rules made under this Act; and
(c) "State Government" means the Government of the State of Punjab
in the Department of Agriculture and Farmers' Welfare.
(2) Words and expressions used but not defined in this Act but defined
in the Central Act, shall have the same meaning respectively
assigned to them in that Act.
3. In the Central Act, in its application to the State of Punjab, in section 1,
for sub-section (2), the following sub-section shall be substituted, namely:-
Amendment of section 1 of the Central Act 21 of 2020.
"(2) It shall come into force on such date as the State Government
may, by notification in the Official Gazette, appoint."
4. No sale or purchase of wheat or paddy shall be valid unless the price Minimum Support Price.
paid for such agricultural produce is equal to, or greater than, the Minimum
Support Price announced by the Central Government for that crop.
1800 PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 20, 2020
(ASVN 28, 1942 SAKA)
5. In the Central Act, for section 14, the following section shall be substituted,
namely: -
Substitution of section 14 of Central Act 21 of 2020.
"14. The provisions of this Act, shall have overriding effect
notwithstanding anything inconsistent therewith
contained in any other law for the time being in force or
Punjab Act to have overriding effect.
any other instrument having effect by virtue of any law
for the time being in force.".
6. In the Central Act, for section 15, the following shall be substituted,
namely: -
Substitution of section 15 of Central Act 21 of 2020.
"15. In addition to the remedies available under the provisions of the
Central Act, the farmers shall also have the discretion
Power of civil court etc.
of approaching the civil court or availing any other
remedies available to them under the existing laws.".
7. (1) Notwithstanding any judgment, decree, or order of any court or
any other instrument or any other law inconsistent therewith, status quo as on
Special provisions of the State of Punjab.
the 4th day of June, 2020 shall be maintained qua the provisions of the Punjab
Agricultural Produce Markets Act, 1961.
(2) All notices issued by the Central Government or any authority on
its behalf under the provisions of the Central Act, shall be deemed to have
been suspended and no punitive action shall be taken against any person for
violating the provisions of the Central Act.
8. Notwithstanding anything contained in any other law for the time being
in force, if any person or company or corporate house or any other association
Punishment for harassment of farmers.
or body of persons, whether incorporated or not, compels or exerts pressure
on a farmer or any person associated with agriculture or agro-produce to
enter into a contract or sell agricultural produce in his possession, at a price
below the Minimum Support Price (MSP), then such person shall be deemed
to have committed an offence which shall be punishable with a term of
imprisonment of not less than three years and fine.
9. Notwithstanding anything inconsistent with the Central Act,-
(1) the State Government may, from time to time notify a fee, which
Levy of fee on trade carried outside the markets.
shall be levied on a corporate trader and/or on the electronic trading and 1801
PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 20, 2020
(ASVN 28, 1942 SAKA)
transaction platform for trade and commerce in a trade area outside the markets
established and regulated under the Punjab Agricultural Produce Markets Act,
1961.
(2) The fee leviable under sub-section (1) shall go towards the fund
for the welfare of small and marginal farmers.
10. The State Government may, from time to time, issue such directions to
the authorities as it may deem fit, for giving effect to the provisions of this Act
Power of State Government to give directions.
and it shall be the duty of all the authorities to comply with such directions.
11. The State Government may, by notification in the Official Gazette, make Power to make rules.
rules for carrying out the purposes of this Act.
1802 PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 20, 2020
(ASVN 28, 1942 SAKA)
STATEMENT OF OBJECTS AND REASONS
The Parliament has passed the Farmers' Produce Trade and Commerce
(Promotion and Facilitation) Act, 2020 (Central Act) to provide for a new
regime for trade and commerce in agricultural produce.
One of the direct consequence of this Central Act would be to nullify the
minimum support price mechanism guaranteed through the existing structure
of APMCs that has stood the test of time and introduced several other infirmities
and distortions operating to the grave detriment and prejudice of agriculture
and communities associated with it.
The Central Government has introduced a trading mechanism through
these Central Acts that is vulnerable to encroachment and manipulation by
vested corporate interests leaving the farmer open to the vagaries of market
forces for getting an optimum price for agriculture produce, fruits and
vegetables;
As per the Agriculture Census 2015-16, 86.2 percent of the farmers
own less than five acres of land and a majority of them own less than two
acres of land falling in the category of small and marginal farmers and
consequently have limited or no access to multiple markets with an inherent
handicap of bargaining power to negotiate fair-price contracts hence needing
proper protection by the State Government to ensure a level playing field,
prevent exploitation and an optimum guarantee of fair market price for the
agriculture produce.
This is the primary and principal responsibility of the State Government
but the Central Acts fails to take into account this imperative and this object of
the Constitution of India.
The agriculture, agricultural markets and land is the primary legislative
domain of the State falling under Entries 14, 18 and 28 of List-II of Seventh
Schedule of the Constitution of India; and 'production, supply and distribution
of goods' is also a State Subject under Entry 27 of List-II read with, Entry 33
of List-III of Seventh Schedule of the Constitution of India.
THE FARMERS' PRODUCE TRADE AND COMMERCE
(PROMOTION AND FACILITATION) (SPECIAL PROVISIONS
AND PUNJAB AMENDMENT) BILL, 2020 aims to protect the interest 1803
PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 20, 2020
(ASVN 28, 1942 SAKA)
of farmers, farm labourers, those engaged in ancillary and incidental activities
relating to production, sale and marketing of agricultural produce as also
consumers and for adherence to the minimum support price mechanism through
the existing structure of APMCs.
It also aims to restore the agricultural safeguards for the farmers of
Punjab ensured through the regulatory framework of the APMC laws to secure
and protect the interests and livelihood of farmers and farm labourers as also
all others engaged in agriculture and related activities.
AMARINDER SINGH
Chief Minister, Punjab 1804 PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 20, 2020
(ASVN 28, 1942 SAKA)
MEMORANDUM REGARDING DELEGATED LEGISLATION
Section 11 of The Farmers Produce Trade and Commerce
(Promotion & Facilitation) (Special Provisions and Punjab Amendment) Bill,
2020 empowers the State Government to make rules to carry out the purposes
of this Act. The powers sought are necessary for the proper implementation
of the provisions of the Act and are normal in nature.