RAJASTHAN

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 Rajasthan Agricultural Produce Markets (Second Amendment) Act 2005

The Rajasthan Agricultural Produce Markets (Third Amendment) Act 2005

 

2.

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

Under Section 5  -

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

2)      The State government may be notification in the official Gazette, declare any enclosure, building or locality in any market area to be a principal market yard for the area and other enclosures, buildings or localities to be one or more sub-market yards.

 

 

Under section 5-

(1)  In every market area, there may be

a)      one principal market yard managed by the market committee;

b)      one or more than ore sub-market yards managed by the market committee;

c)      one or more than one private sub-market yards managed by a person other than the market committee;

d)      one or more than one consumer farmer markets managed by a market committee or by a person other than the market committee.

 

(2)   The State Government may, by notification in the
          Official Gazette, declare any specified place      including any structure, enclosure, open place or locality in the market area to be a market yard or, as the case may be, sub-market yard.

 

3.

Direct sale/ procurement from the farmers field

No provision

Under section 14 (2) The market committee may also grant licence,-

(a)  for direct purchase from agriculturist  for the following purposes, namely:-

           i.      to processor for processing;

          ii.      to exporters for export of agricultural produce;

        iii.      for trade of agricultural produce or particular specification; and

        iv.      for grading, packing and transacting in other way by value additional of agricultural produce:

                       Provided that no sale or purchase shall be permitted under clause (a) within market proper;

 

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 chapter IV B, section 22 N -

1.      The Contract farming buyer  shall register himself with the Market Committee in such  manner as may be prescribed.

 

2.      The contract farming buyer shall get the contract farming agreement registered with the market committee. The contract farming agreement shall be in such form, containing such particulars and terms and conditions as may be prescribed.

 

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

 

4. If any disputes arising between the parties in respect of the provisions of the agreement either of the parties may submit an application to the market committee to arbitrate upon the disputes.  The market committee shall resolve the dispute after giving the parties a reasonable opportunity of being heard.

 

5.  The party aggrieved by the decision of the market committee under sub-section (4)  may prefer an appeal the Director within thirty days from the date of decision.  The Director shall dispose off the appeal after giving the parties a reasonable opportunity of being heard and the decision of the Director shall be final.

 

6.   The decision of the market committee under sub-section (4) and decision in appeal under sub section (5)  shall have force of the decree of the civil court and shall be enforceable as such and decreetable amount shall be recovered as arrears of land revenue.

 

7. Disputes relating to and arising out of contract farming agreement shall not be settled in according with the provisions made here-in-above and shall not be called in  question in any civil court.

 

8.  The agricultural produce under contract farming may be sold to the contract farming buyer at a place other than the market yard except in market proper. The market fee shall be payable by the contract farming buyer of agricultural produce at the rates prescribed under section 17 and in such manner as may be prescribed.

 

9.   Contract farming agreement may be made for fruits, vegetables, medicinal plants or aromatic plants and such other agricultural produce as may be specified by the State Government from time to time by notification in the Official Gazette.

 

 

5.

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

No provision

No provision

 

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

 

 

 

  1. Exports

 

 

 

 

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

 

 

Under section 58 (1) of the Rajasthan Agricultural Produce Market Rules 1963 provision exists to levy market fee at single point.  

 

 

Under section 58 (5) of the Rajasthan Agricultural Produce Market Rules 1963 provision exists to exempt market fee for household purchase.

 

-

 

 

Provision exists under section -17 to levy market fee.

 

Under Rule 58 (4) of the Rajasthan Agricultural Produce Market Rules 1963 provision exists to exempt market fee.

 

 

yes

 

 

No change

 

 

 

 

 

 

 

 

No change

 

 

 

 

Under chapter IV B, section 22-N (8) Market fee shall be payable by the contract farming buyer of agricultural produce at the rates prescribed under section 17

 

No change

 

 

 

No change

 

 

 

 

 

 

No change

 

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

Under section 14 -

Market committee may issue licence to traders, brokers, weighman, measurers, surveyor, warehouseman to operate in the market area provided that no such licence shall be necessary in the case of person to who a licence has been granted under sub-section(2) of section 4.

 

Under section 14 (2), the licensing system is simplified and market committee may also grant licence for direct purchase.

 

 

 

 

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, activities are provided under section 22 J (Y).

 

No separate provision exists, however, activities are provided under section 22 J (ix).

 

 

Under section 9 (2) (xi)-

Provision exists to setup and promote Agricultural Marketing Extension Unit.

 

 

No separate provision exists, however, activities are provided under section 9 (2) (ix).