The Himachal Pradesh State Farmers Commission Act, 2026

Short Title and commencement.—(1) This Act may be called the Himachal Pradesh State Farmer’s Commission Act, 2026.

1. (2) It shall come into force on such date as the State Government may, by notification published in the Rajpatra (e-Gazette), Himachal Pradesh appoint.

Definitions.—In this Act, unless the context otherwise requires,—

1. (a) “Agriculture” means the growing or cultivation of plants and includes ,horticulture, animal husbandry, fisheries, dairying, cultivation of herbal and medicinal plants, apiculture, sericulture, and any other allied activity undertaken for the production of food, fodder, fiber, fuel, bio-fuel, and raw materials for agro-industries;
2. (b) “Chairperson” means the Chairperson of the Commission;
3. (c) “Commission” means the Commission constituted under section 3;
4. (d) “Farmer” means a person who,—
   • (i) cultivates lands personally;
   • (ii) cultivates lands by supervising cultivation through any other person;
   • (iii) is engaged in fisheries, dairying, poultry, animal husbandry, or allied sectors including sericulture, apiculture;
   • (iv) is engaged in agro-forestry, or collection of non-timber forest produce; or
   • (v) is an agricultural labourer, sharecroppers, or tenants engaged in various farm related activites;
5. (e) “Fund” means the Himachal Pradesh State Farmer’s Commission Fund constituted under section 18;
6. (f) “Government” or "State Government" means the Government of Himachal Pradesh;
7. (g) “Member Secretary” means the Member Secretary of the Commission;
8. (h) “notification” means notification published in the Rajpatra (e-Gazette), Himachal Pradesh;
   • (i) “prescribed” means prescribed by rules made under this Act;
9. (j) “produce” includes agricultural and horticulture produce, livestock, fisheries, sericulture, apiculture products, and such other products as may be determined by the Commission from time to time;
10. (k) “regulations” means regulations made by the Commission under section 16 of this Act; and
11. (l) “State” means the State of Himachal Pradesh.

Constitution of Commission.—(1) The Government shall, by notification, constitute a body to be known as the Himachal Pradesh State Farmer’s Commission to exercise the powers conferred upon and perform the functions assigned to it under this Act.

1. (2) The Commission shall consist of a Chairperson, not more than three non-official numbers; and shall also include—
   • (a) Vice Chancellor, Ex-officio Member; Chaudhary Sarwan Kumar Himachal Pradesh Krishi Vishvavidalya , Palampur
   • (b) Vice Chancellor, Ex-officio Member; Dr. Yashwnt Singh Parmar University of Horticulture and Forestry, Nauni, Solan
   • (c) Director of Fisheries Ex-officio Member; Department
   • (d) Director of Horticulture Ex- Officio Member; Department
   • (e) Director of Animal Ex- Officio Member; Husbandry Department
   • (f) Director of Agriculture Department Member -Secretary.

Appointment of Chairpeson and non-official members.—(1)The Chairperson and non-official members of the Commission shall be appointed by the State Government in the manner as may be prescribed.

1. (2) The Chairperson shall be a Bonafide of Himachal Pradesh, practicing or progressive farmer with at least a graduate degree and having sufficient exposure regarding current domestic and international agricultural scenario with minimum five years experience of administration in agriculture, or horticulture or animal husbandry.
2. (3) The experience under sub-section
3. (2) may include an exprience as Chairperson of the Himachal Pradesh State Agriculture Marketing Board or the Agriculture Produce Marketing Committee or Co-operative Bank.
4. (4) The non-official member shall be a Bonafide of Himachal Pradesh practicing or progressive farmer and also possess the same educational qualification as that of the Chairperson of the Commission with minimum four years experience of administration or Bonafide of Himachal Pradesh having Ph. D.

Term of office and conditions of service of Chairperson and non-official members Term of office and conditions of service of Chairperson and non-official members.—(1) The Chairperson or a non-official member of the Commission shall hold office for a period of five years from the date of assuming the office or till attaining the age of 70 years, whichever is earlier.

1. (2) The Chairperson shall draw salary in the pay scale as applicable to the Principal Secretary to the Government.
2. (3) The terms and conditions of service of the Chairperson and the non-official members shall be such as may be prescribed.

Disqualifications.— No person shall be eligible for appointment as Chairperson and non-official member, if he,—

1. (a) is not a citizen of India; or
2. (b) has not attained the age of 21 years; or
3. (c) is of unsound mind and stands so declared by a competent court; or
4. (d) is convicted and sentenced to imprisonment for an offence which, in the opinion of the Government, involves moral turpitude; or
5. (e) is adjudged insolvent.

Resignation or removal.—(1) A Chairperson and non-official member may, by way of notice in writing under his hand addressed to the Government, resign from his office.

1. (2) The Government may, by order, remove from the office, Chairperson or a non-official member, if he,—
   • (a) is an undischarged insolvent; or
   • (b) has been convicted and sentenced to imprisonment for an offence which, in the opinion of the Government, involves moral turpitude; or
   • (d) refuses to act or becomes incapable of acting; or
   • (e) remains absent from three consecutive meetings of the Commission, without obtaining leave: Provided that no such person shall be removed under this sub-section unless he has been given a reasonable opportunity of being heard in the matter.
2. (3) A vacancy caused under sub-section
3. (1) or sub-section
4. (2) shall be filled by a fresh appointment.

Casual vacancy.—In the event of death, resignation or disqualification of the Chairperson or a non-official member or of his becoming incapable of acting before the expiry of his term of office, a casual vacancy shall be deemed to have occurred in such office and such vacancy shall be filled as early as possible by appointment of a person who shall hold office for the unexpired term of his predecessor.

Headquarter of Commission.—The headquarter of the Commission shall be located at Shimla or at any other place as may be decided by the Government.

Meetings of Commission.—(1) The meetings of the Commission shall be convened by the Chairperson as and when required and at such time and place as he thinks appropriate.

1. (2) The Member Secretary, in consultation with the Chairperson, shall call the meetings of the Commission.
2. (3) The meetings of the Commission shall be presided over by the Chairperson and in his absence, the members present shall elect one member amongst themselves to preside over such meeting.
3. (4) At least four members of the Commission shall form a quorum for the meeting of the Commission.
4. (5) As far as possible, the issues in the Commission shall be decided unanimously but where there is difference of opinion amongst the members of the Commission, the same shall be taken on the basis of the opinion of the majority of the members present.

Procedure and powers.—(1) The Commission shall devise its own procedure.

1. (2) The Commission may set up sub-committees, study teams; or engage consultants to study any aspect which is covered by its terms of reference.
2. (3) The Government may provide space to accommodate the staff of the Commission and to facilitate the meetings with the farmers or their unions or associations.

Functions of Commission.—The Commission shall,—

1. (a) review the current status of agriculture and allied sectors in the State, including their performance, strength and weaknesses; assess the condition of different categories of farmers accross various agro-climatic sub-regions; formulate a comprehensive strategy for achieving sustainable and equitable agricultural development of the State;
2. (b) analyse the factors responsible for the farm crises and suggest measures to enhance income of the farmers through market-driven crop diversification, improved marketing system, hassle-free regulatory and fiscal regime, value addition and agro-processing;
3. (c) propose methods for enhancing the productivity, profitability, stability and sustainability in the major farming systems in the State based on an agro-ecological and agro-climatic approaches, including the adoption and integration of frontier technologies;
4. (d) recommend suitable and viable croping system including integration of horticulture, livestock, fisheries and other allied sectors ensuring synergy and compatibility among them;
5. (e) study viable marketing models globally and to suggest improvements in the State;
6. (f) promote synergy between technology and public policy and to recommend measures for enhancing income and employment potential in rural areas through diversification, application of appropriate technology including Information Technology for information on market, weather, credit facilities and e-commerce, training and market reform;
7. (g) examine the current input-use efficiency and functioning of the delivery systems for seeds, fertilizers, pesticides and agricultural credit and to suggest improvement therein;
8. (h) review the current status of water use in agriculture, including it's performance and potential and to make recommendations for a rational, efficient and sustainable utilization of both ground and surface water for enhanced agricultural productivity;
   • (i) suggest measures for enhancing the quality and cost competitiveness of farm commodities so as to make them globally competitive by providing necessary facilities and application of frontier science and to promote quality literacy for Codex Alimentarius Standard, sanitary and phytosanitary measures among farmers through reorientation and retooling extension machinery;
9. (j) suggest comprehensive policy reforms designed to enhance investment in agricultural research, substantially increase flow of rural credit to the farmers including small and marginal, triggering agricultural growth led economic progress which can lead to opportunities for a healthy and productive life to rural families;
10. (k) suggest measures for attracting and retaining educated youth in farming, including recommendations for technological upgradation in crop husbandry, horticulture, animal husbandry, fisheries, agro-forestry and agro processing and associated marketing infrastructure;
11. (l) address the grievances of farmers and issue directions for their redressal;
12. (m) conduct study tours within country and if required internationally and give suggestions to the Government to enhance farm productivity and farmer income based on the best model available; and
13. (n) consider any other issue which is relevant to the above functions or as may be specifically referred to the Commission by the State Government.

Functions of Member Secretary.—(1) The Member Secretary shall,—

1. (a) administer day to day affairs of the Commission and supervise and manage the day to day functioning of the Commission and issue directions, orders or instructions to the employees of the Commission in consultation with the Chairperson;
2. (b) make arrangements for proper maintenance and custody of all records, securities, cash and the properties of the Commission;
3. (c) endorse and transfer promissory notes, Government and other securities and endorse, sign, encash, cheques and other negotiable instruments on behalf of the Commission;
4. (d) sign all deposit receipts and operate the accounts of the Commission with banks and the financing agencies;
5. (e) institute, conduct and defend legal proceedings in favour of or against the Commission or it's officers or employees through any officer or employee of the Commission or otherwise through legal practitioners or any other person authorized by him in this behalf;
6. (f) determine powers, duties and responsibilities of the employees of the Commission in consultation with the Chairperson;
7. (g) enter into negotiations and contracts and rescind and make such notes, deeds and instruments as may be necessary on behalf of the Commission in relation to any of the object of the Commission or otherwise in the interest of the Commission;
8. (h) take necessary steps to avoid any loss or prevent damage or loss to the assets, properties and interests of the Commission;
   • (i) appoint custodians of books and records and other properties of the Commission; and
9. (j) exercise all such powers as may be delegated to him by the Commission or by the Chairperson.

1. (2) The Member Secretary may, in consultation with the Chairperson, delegate any of his powers to an officer of the Commission for effective and efficient functioning of the Commission.

Powers to make reference to Commission.—(1) The Government shall have the power to make a reference to the Commission with regard to any matter of policy or in respect of any act done by the Commission in contravention of the provisions of this Act or the rules made thereunder.

1. (2) The Commission shall report to the Government about the action, if any, it proposes to take or has taken upon the reference made under this section and shall furnish an explanation, if it fails to take action.
2. (3) If the Commission fails within a reasonable time to take action on such reference to the satisfaction of the Government, it may after considering explanation submitted by the Commission, issue such directions consistent with this Act, as may be considered necessary and the Commission shall comply with such directions.
3. (4) The Government may, at any time, arrange for an inspection of or inquiry into the affairs of the Commission by such authority or person, as it may specify, to satisfy about the proper and effective functioning of the Commission and also upon any matter connected with the administration and finances of the Commission.
4. (5) The Commission may authorise any person to represent it at the inspection or inquiry referred to in sub-section (4).
5. (6) On receipt of the report of inspection or inquiry referred in sub- section (4), the Government may examine the same and give such directions, as it may consider necessary to the Commission.
6. (7) The Chairperson shall within a period of thirty days from the date of receipt of the directions given under sub-section (6), send an intimation to the Government about the action taken by the Commission in pursuance of the said directions.
7. (8) On the expiry of the period specified in sub-section (7), the Government may after considering the intimation, if any, received from the Chairperson, issue such directions to the Commission, as it may consider necessary and the Commission shall comply with such directions.

Inquiry by Commission.—(1) Subject to the provisions of this Act, the Commission may initiate a suo-moto inquiry on matters relating to its mandate and for the purpose of the inquiry, the Commission shall have the same powers as are vested in a civil court while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:—

1. (i) summoning and enforcing the attendance of any person and examining him on oath;
2. (ii) requiring the discovery and production of documents;
3. (iii) receiving evidence on affidavits;
4. (iv) requisitioning any public record or copy thereof from any court or office;
5. (v) issuing summons for the examination of witnesses; and
6. (vi) such other matters, as may be prescribed.

1. (2) Notwithstanding anything contained in any other law for the time being in force, the Commission may during inquiry of any complaint under this Act, examine any record to which this Act applies which is under the control of public authority or private entity, and no such record shall be withheld from it on any ground.
2. (3) In case of non-compliance of directions of the Commission by the public authority, it may recommend to the higher public authority to initiate disciplinary proceedings against the defaulting officer, and in case of non- compliance by a private entity, it may recommend the respective legal Authority to proceed against it as per law.

Power to make regulations.—The Commission may make regulations, not inconsistent with this Act and rules made thereunder for the administration of the affairs of the Commission.

Appointment of officers and other employees.—(1) The Commission may appoint such number of officers and other employees, in the manner as may be prescribed to carry out the provisions of this Act, after approval of the Government.

1. (2) The terms and conditions of service of the officers and other employees of the Commission shall be such, as may be prescribed.
2. (3) All the employees of the Commission shall perform their duties under the superintendence and control of the Chairperson.

Funds of Commission.—(1) There shall be constituted a Fund to be called the Himachal Pradesh Farmer's Commission Fund.

1. (2) Notwithstanding anything to the contrary contained in any other law, there shall be credited thereto, on an annual basis, such proportion or percentage of the income of the Agricultural Produce Market Committees
   • (APMC) to the Fund, as may be determined by the State Government from time to time.
2. (3) The Fund shall be applied for meeting the expenses of the Commission in the discharge of its functions.

Accounts and audit.—(1) The Commission shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed.

1. (2) The accounts of the Commission shall be audited by the Accountant General at such intervals as he may consider appropriate and any expenditure incurred in connection with such audit shall be payable by the Commission to the Accountant General.
2. (3) The Accountant General or any person appointed by him in connection with the audit of accounts of the Commission under this Act shall have the same rights and privileges and the authority in connection with such audit as the Accountant General generally has in connection with the audit of the Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the Commission.
3. (4) The accounts of the Commission as certified by the Accountant General or any other person appointed by him in this behalf together with the audit report thereon, shall be forwarded annually to the Government by the Commission.

Annual Report.—The Commission shall prepare in such form and at such time, for each financial year, as may be prescribed, it’s annual report, giving a full account of it’s activities during the previous

Action on Commission's report.—Upon receipt of a report made under section 20, the Government may take such action thereon, as it may consider appropriate.

Annual Report and Audit Report to be laid before the State Legislative Assembly.—The Government shall cause the annual report, together with a memorandum of action taken on the recommendations contained therein, in so far as they relate to the Government, and the reasons for the non- acceptance, if any, of any of such recommendations, and the audit report to be laid, as soon as may be, after the reports are received before State Legislative Assembly.

Members of the Commission to be public servants.—All members, officers and employees of the Commission shall be deemed, while acting or purporting to act in pursuance of any provision of this Act, to be public servants within the meaning of section 2

1. (28) of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023).

Protection of action taken in good faith.—No suit or other legal proceedings shall lie against the Chairperson, member or an employee of the Commission for anything which is done or intended to be done in good faith under this Act or the rules or the regulations made there under.

Power to make rules.—(1) The Government may, by notification, make rules for carrying out the purposes of this Act.

1. (2) Every rule made under this section shall be laid, as soon as may be after it is made, before the Legislative Assembly while it is in session for a total period of fourteen days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or the successive sessions aforesaid, the Assembly make any modification in the rule or decides that the rule should not be made, the rule shall therefore have effect only in such modified form or be of no effect, as the case may be so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule.

Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, by an order published in the Rajpatra (e-Gazette), Himachal Pradesh, make such provisions, not inconsistent with the provisions of this Act, as may appear to be necessary for removing the difficulty: Provided that no such order shall be made under this section after the expiry of a period of two years from the date of commencement of this Act.

1. (2) Every order made under this section, shall be laid as soon as may be, after it is made, before the Legislature Assembly.