The Farmers (Empowerment And Protection) Agreement On Price Assurance And Farm Services (Rajasthan Amendment) Act, 2020

For the existing sub-section

1. (2) of section 1 of the Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm Services Act, 2020 (Central Act No.20 of 2020), hereinafter referred to as the principal Act, the following shall be substituted, namely:- “(2) It shall come into force on such date, as the State Government may, by notification in the Official Gazette, appoint.”
2. (1) This Act may be called the Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm Services (Rajasthan Amendment) Act, 2020.
3. (2) It shall extend to the whole of the State of Rajasthan.
4. (3) It shall come into force on such date, as the State Government may, by notification in the Official Gazette, appoint.

In section 2 of the principal Act,-

1. (i) the existing clause

1. (a) shall be renumbered as clause
2. (aa) and before clause
3. (aa) so renumbered , the following clause shall be inserted, namely:- “(a) “APMC Act” means the Rajasthan Agricultural Produce Markets Act, 1961 (Rajasthan Act No. 38 of 1961);”;
   • (ii) after the existing clause
4. (b) and before the existing clause (c), the following clause shall be inserted, namely:- “(bb) “Director” means the Director of Agriculture Marketing for the State of Rajasthan;”;
   • (iii) after the existing clause
5. (j) and before the existing clause (k), the following clauses shall be inserted, namely:- “(jj) “Market Committee” means the Market Committee as defined in clause
   • (ix) of section 2 of the APMC Act;
6. (jjj) “market yard” means the principal market yard or sub-market yard or private sub-market yard as notified under section 5 of the APMC Act;
7. (jjjj) “Minimum Support Price” means the price announced for crop purchases by the Central Government in consultation with the Commission for Agricultural Costs and Prices;”;
   • (iv) for the existing clause (m), the following shall be substituted, namely:- “(m) “prescribed” means prescribed by the rules made by the Central Government or the State Government, as the case may be, under this Act;”; and
   • (v) for the existing clause (p), the following shall be substituted, namely:- “(p) “State” means the State of Rajasthan.”

After the existing proviso to section 5 of the principal Act, the following proviso shall be added, namely:- " Provided further that no Farming Agreement for the sale or purchase of a crop shall be valid unless the price paid for such agricultural produce is equal to, or greater than, the prevailing Minimum Support Prices, announced by the Central Government for that crop."

For the existing section 7 of the principal Act, the following shall be substituted, namely:- "7. Farming produce liable to fee/cess/cesses/charges.-

1. (1) Where a farming agreement has been entered into in respect of any farming produce under this Act, such produce shall be liable to the fee/cess/cesses/charges payable under the APMC Act and such fees/cess/cesses/charges shall be utilized for the welfare of farmers and development of market infrastructure: Provided that the fees/cess/cesses/charges shall be payable by the sponsor and its burden shall not be transferred on the farmer.
2. (2) Notwithstanding anything contained in the Essential Commodities Act, 1955 (Central Act No. 10 of 1955) or in any Control Order issued thereunder or in any other law for the time being in force, the State Government shall, by an order, be entitled to enforce the stock limit in respect of any agricultural produce where there is shortage of such agricultural produce in the State or the prices of such produce go beyond twenty five percent of the maximum price which was prevailing in the market within two years immediately before passing of the order by the State Government." The existing section 14 of the principal Act shall be deleted.

For the existing section 13 of the principal Act, the following shall be substituted, namely:- "13. Dispute settlement.-

1. (1) If any dispute arises between the parties in respect of the provisions of the agreement, either of the parties may submit an application to the market committee to determine the disputes. The market committee shall resolve the disputes after giving the parties a reasonable opportunity of being heard.
2. (2) The party aggrieved by the decision of the market committee under sub-section
3. (1) may prefer an appeal to 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 Director shall be final.
4. (3) The decision of the market committee under sub-section
5. (1) and decision in appeal under sub-section
6. (2) shall have force of the decree of a civil court and shall be enforceable as such and decreetal amount shall be recovered as arrears of land revenue.
7. (4) Disputes relating to, and arising out of, contract farming agreement shall be settled in accordance with the provisions made hereinabove.
8. (5) Both parties shall abide by all the provisions of the APMC Act and rules made thereunder and directions issued in this regard by the State Government, from time to time.
9. (6) Where under a farming agreement, sponsor undertakes the farming by deploying his/its manpower, the sponsor shall be liable to remove his manpower from the agriculture farm/field from the next date of termination of the farming agreement and in the event of manpower of the sponsor continuing in the agricultural farm/field, the sponsor shall be liable to pay damages to the farmer to the tune of such amount as may be notified by the State Government from time to time which shall not be less than one thousand rupees per bigha per day. While deciding the dispute, the Market Committee shall direct the sponsor to remove his/its manpower from the agriculture farm/field and for putting the farmer back to possession, it shall be entitled to take aid of the police. Whenever such requisition is sent, it shall be the duty of the Superintendent of Police of the concerned District to make available the police help within twenty four hours of receipt of the requisition."

For the existing section 19 of the principal Act, the following shall be substituted, namely:- "19. Jurisdiction of civil court.- The jurisdiction of civil court shall be such as prescribed in the APMC Act."

For the existing section 20 of the principal Act, the following shall be substituted, namely:- "20. Overriding effect.- In the State of Rajasthan, subject to the provisions of the Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm Services (Rajasthan Amendment) Act, 2020 (Rajasthan Act No...of.....), 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 any other instrument having effect by virtue of any law for the time being in force."

After the existing section 21 and before the existing section 22 of the principal Act, the following new sections shall be inserted, namely:- "21A. Special provisions for the State of Rajasthan.-

1. (1) Notwithstanding any judgment, decree, or order of any court or any other instrument, status quo before 5th June, 2020 shall be maintained qua the provisions of AMPC Act and rules made thereunder.
2. (2) All notices issued by the Central Government or any authority on its behalf under provisions of this Act, shall be deemed to have been suspended and no punitive action shall be taken against any person for violating the provisions of this Act. 21B. Punishment for harassment of farmers.- 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 or body of persons, whether incorporated or not, commits an offence of harassment, he shall be punishable with a term of imprisonment of not less than three years and extending upto seven years or fine of not less than five lac rupees or both. Explanation I.- For the purpose of this section, where the offence is committed by a company, all the directors of the company, where the offence is committed by a limited liability partnership firm, all the partners of such firm and where the offence is committed by a partnership firm registered under the Indian Partnership Act, 1932 (Central Act No.9 of 1932), all the partners of the said firm who were such directors or, as the case may be, partners at the time of commission of offence, shall be guilty of committing the offence of harassment to the farmer. Explanation II.- For the purpose of this section, an offence of harassment shall be deemed to have been committed if,-
   • (a) a person, firm or company compels or exerts pressure on a farmer or any person associated with agriculture or agro-produce to enter into a sale under contract of agricultural produce in his possession, at a price below the Minimum Support Price; and
   • (b) a person, firm or company refuses to accept produce or take delivery of the goods under a farming agreement within a week from the date of intimation by the farmer of the produce being ready for delivery. 21C. Power of State Government to give directions.- The Government may, from time to time, in the larger interest of public, issue such directions to the authorities as it may deem fit, for giving effect to the provisions of this Act and it shall be the duty of all the authorities to comply with such directions."