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National Conference on Agriculture for ZAID/Summer Campaign By: Prasanta Kumar Swain Joint Secretary (Marketing) Conference of Agriculture Ministers of the States Model APLM ACT & Model Contract Farming Act th July 2019
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Agriculture Marketing – Need for Reforms & Development
Marketing of Agriculture Produce Wholesale 2558 Market Yards & 4388 Sub Market Yards Retail 22000 Village Haats 488 Farmer Consumer market Agri Export India’s Share around 2% of global Agri Export Fall back Mechanism Procurement system Price Deficiency Payment System Challenges: Lack of Infrastructure, Logistics, fragmented supply chain, Low access of farmers to markets, low remunerative prices Vision: Doubling of Farmer’s Income by 2022
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Department of Agriculture, Cooperation &FW Ministry of Agriculture &FW
Marketing Reforms & Model Act “The—State/ UT Agricultural Produce and Livestock Marketing ( Promotion & Facilitation ) Act, 2017” Dated: the 14th June,2019 Department of Agriculture, Cooperation &FW Ministry of Agriculture &FW
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Need of Reforms and Govt.’s Initiative
Agricultural Marketing is a State subject Most of the States enacted Agricultural Produce Markets (Regulation) Acts during sixties and seventies Need of Reforms- To enhance farmers’ market accessibility To strengthen facilities/ infrastructure & services of the existing organised marketing system under the APMC Act To make the APMC markets efficient and professionally managed To facilitate development of alternative marketing channels with the participation of private sector to create competition in services To encourage both public & private sector investment in development of post-harvest and marketing infrastructure
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Model APLM Act, 2017 Salient Features of Model APLM Act, 2017
Develop State/ UT level unified market Declare warehouses/cold storages as “Deemed Market” Powers and functions of MD Board and Director Marketing clearly demarcated Public and private sector markets placed at level playing field Bulk purchasers / processors /exporters/ organized retailers/ consumers integrated with producers nearer to farm gate Promotion of specialized markets and also MNIs Market fee and marketing charges rationalized Provision for deregulation of fruits & vegetables Unified single trading licence and single point levy of market fee provided Trading through competitive e-platform Recognition of unified licenses for inter-state trade
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Agri Market Reforms: A Perspective
Agri. Marketing Reforms (Model APLM Act, 2017) Segregation of regulation from operation (07 States) Setting up of markets in private sector (21 States/ UTs) Direct marketing Unified Market (01 States) Declaring warehouses/cold storage as market sub-yard ( 06 States) De-regulation of marketing of F&V (17 States/ UT) Single point levy of market fee (22 States/ UT) Single trading license (22 States / UT) E-Trading (22 States) e-NAM Objective: Improving Marketing infrastructure, Integration of supply chain, Reduction of post harvest losses, Farmer’s access to markets etc.
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Status of Reform-wise Adoption by the States
State/UT Unified single market at state level Declaring warehouse / cold storages, as deemed market Separation of powers & functions of Director of Mktg. & M.D. of Board De-regulation of marketing of F&V Private market Direct marketing E-trading Single unified trading licence Single point levy of market fee Andhra X Arunachal Pradesh Assam Bihar APMC Act Repealed Chhattisgarh Chandigarh Goa Gujarat Himachal Pradesh
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Status of Reform-wise Adoption by the States Contd...
State/UT Unified single market at state level Declaring warehouse / cold storages, as deemed market Separation of powers & functions of Director of Mktg. & M.D. of Board De-regulation of marketing of F&V Private market Direct marketing E-trading Single unified trading licence Single point levy of market fee Haryana X J & K Jharkhand Karnataka Kerala No APMC Act Madhya Pradesh Maharashtra Manipur Meghalaya Mizoram x Odisha Punjab Puducherry
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Status of Reform-wise Adoption by the States Contd..
State/UT Unified single market at state level Declaring warehouse / cold storages, as deemed market Separation of powers & functions Director of Mktg. & M.D. of Board De-regulation of marketing of F&V Private market Direct marketing E-trading Single unified trading licence Single point levy of market fee Rajasthan X Sikkim Tamil Nadu Telangana Tripura Uttarakhan d Uttar Pradesh West Bengal A & N Islands No APMC Act
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Status of Reform-wise Adoption by the States
State/UT Unified single market at state level Declaring warehouse / cold storages, as deemed market Separation of powers & functions Director of Mktg. & M.D. of Board De-regulation of marketing of F&V Private market Direct marketing E-trading Single unified trading licence Single point levy of market fee Nagaland X Delhi Daman & Diu No APMC Act DNH Lakshdweep
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Status of Adoption of model APLM Act, 2017
Arunachal Pradesh have adopted in entirety Uttar Pradesh, Punjab, Chhattisgarh have adopted all major provisions Punjab has adopted partially All other States/ UTs are requested for early adoption e-NAM reformed States/UTs: A.P., Arunachal Pradesh, Chattisgarh, Goa, Gujarat, Haryana, H.P., Jharkhand, M.P., Maharashtra, Mizoram, Odisha, Punjab, Rajasthan, Sikkim, Telangana, U.P., Uttarakhand, West Bengal, UT of Chandigarh, Puducherry States without APMC Act: Bihar, Kerala UT without Reform: NCT of Delhi UTs without APMC Act A&N Island, Lakshwadeep,
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E-National Agriculture Market: Coverage
16 States, 2 UTs 585 Mandis, 150 Commodities S.No State Total 1 Andhra Pradesh 22 2 Chandigarh 01 3 Chhattisgarh 14 4 Gujarat 79 5 Haryana 54 6 Himachal Pradesh 19 7 Jharkhand 8 Madhya Pradesh 58 9 Maharashtra 60 10 Odisha 11 Puducherry 02 12 Punjab 13 Rajasthan 25 Tamil Nadu 23 15 Telangana 47 16 Uttar Pradesh 100 17 Uttarakhand 18 West Bengal 585 47 19 54 25 79 100 58 16 60 22 14 10 Integrated 17 23 19 1 Reg. Farmers Crore Reg. FPOs Reg. Traders Lakh
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The Model Contract Farming Act, 2018
“ The—State/UT Agricultural Produce &Livestock Contract Farming and Services (Promotion & Facilitation ) Act, 2018”
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Why an Exclusive Act? Contract farming as part of State APMC Act –
Conflict of interest Registration of Sponsor, recording of Agreement and dispute settlement with APMC Suffered from APMC regulation Indian Contract Act, 1872– Treats both the contracting parties as equal Farmer is weaker of the two parties No institutional mechanism Hence, the need for a farmer-friendly Act
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Contract Farming- Role in Indian Agriculture
Contract Farming & Services Enhance productivity at cost efficiency i) Extension services ii) Supply of quality inputs iii) Scale of economy Assured market with pre-agreed Price i) No search of market ii) Price risk negotiation ii) Optimum value of produce Reduction of post-harvest losses i) Short supply chain ii) Availability of production & post –production infrastructure Investment & productive job opportunity i) Attraction of investment in forward, backward and processing infrastructure ii) Job opportunities in rural areas Assured supply of raw agro produce to Agro industries i) Supply in desired quantity & quality
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Salient Provisions of the Model Act
Every Sponsor, before entering into the Agreement, shall be digitally registered and “Agreement” recorded with prescribed “Committee”, or with the designated “Officer” Support to agricultural production and rearing of livestock The Producer may get support from Sponsor for improving production and productivity by way of inputs & technology etc. Farmer (s)/FPO may also enter into pre-production, production and post-production services contract Sponsor prohibited from raising any permanent structure or creating leasehold rights or any kind of charge on the land of Producer No title, rights, ownership or possession shall be transferred or alienated or vest in the Sponsor etc or its successor or its agent The minimum period of the Agreement will be for one production cycle and further continuance subject to renewal thereafter To provide reasonable protection to the weaker party to the agreement, i.e., pre-agreed price for producer determined
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Salient Provisions of the Model Act
Sale- purchase of produce The contracted produce shall be outside the ambit of regulation of State /UT Agricultural Marketing Act. The Sponsor shall buy the entire pre-agreed quantity of contracted produce of the Producer – - In case, production support has been provided for- Sponsor shall buy entire pre-agreed quantity of the contracted produce commensurate to quality standards but not less than fixed % of pre-agreed quantity Sponsor shall buy rest of the pre-agreed quantity, at lower rate mutually acceptable to both parties - In case of only buying Contract- Sponsor shall buy entire pre-agreed quantity of contracted produce commensurate to quality standards but not less than fixed % of pre-agreed quantity of the produce; and Sponsor shall buy rest of the pre-agreed quantity not purchased, at lower rate mutually acceptable to both parties
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Salient Provisions of the Model Act
Negotiation or third party mediation /conciliation Contracting parties may seek a mutually acceptable solution though mutual negotiation or through third party conciliation/mediation Dispute Settlement Authority The Government may constitute a “Dispute Settlement Authority”, comprising- Sub-Divisional Magistrate/Officer or retired Judge/Magistrate as “Presiding Officer”; and other three Members, one each representing farmers / FPOs, agro-industries and domain experts Failing to reach a mutually acceptable solution through Mediation /Conciliation , the aggrieved party may refer the dispute to the Dispute Settlement Authority The Authority shall resolve the dispute democratically and in summery manner within 15 days The decision of the Authority shall have force of the decree of a Civil Court Appeal Any person aggrieved by the decision/ order of Authority may prefer an appeal to the Board within fifteen days, or within thirty days by submitting reasons for delay The Board shall dispose off the appeal within fifteen days and decision of the Board shall be final The decision of the Board in the appeal shall have force of the decree as of the Civil Court
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Progress Tamil Nadu assembly passed a Separate Contract Farming and Services Act on the line of Model Act and waiting approval Hon’ble president Punjab has already enacted a separate Contract Farming Act in 2013 A total of 19 States have provisioned contract farming in APMC Acts itself
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Thanks
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