The Farmers Produce Trade And Commerce (Promotion And Facilitation) (Rajasthan Amendment) Act, 2020

For the existing sub-section

1. (2) of section 1 of the Farmers' Produce Trade and Commerce (Promotion and Facilitation) Act, 2020 (Central Act No. 21 of 2020), hereinafter referred to as the principal Act, in its application to the State of Rajasthan, 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' Produce Trade and Commerce (Promotion and Facilitation) (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. (aaa) and before the clause
3. (aaa) so renumbered, the following clauses shall be inserted, namely:- "(a) "APMC Rules" means Rajasthan Agricultural Produce Markets Rules, 1963;
4. (aa) "Director" means the Director of Agriculture Marketing for the State of Rajasthan;";
   • (ii) after the existing clause
5. (f) and before the existing clause (g), the following clauses shall be inserted, namely:- "(ff) "Market Committee" means the Market Committee as defined in clause
   • (ix) of section 2 of the State APMC Act;
6. (fff) "Minimum Support Price" shall mean the price announced for crop purchases by the Central Government in consultation with the Commission for Agricultural Costs and Prices;";
   • (iii) for the existing clause (i), the following shall be substituted, namely:- "(i) "prescribed" means prescribed by the rules made by the Central Government or the State Government, as the case may be, under this Act;";
   • (iv) for the existing clause (k), the following shall be substituted, namely:- "(k) "State" means the State of Rajasthan;"; and
   • (v) for the existing clause (l), the following shall be substituted, namely:- "(l) "State APMC Act" means the Rajasthan Agricultural Produce Markets Act, 1961 (Rajasthan Act No. 38 of 1961);".

For the existing section 6 of the principal Act, the following shall be substituted, namely:-

"6. Regulation of notified agricultural Produce and Levy of cess/cesses in trade area.-

1. (1) The State Government may, from time to time, notify a Fee/Cess/Cesses/Charges, which shall be levied on notified agricultural produce, brought or bought or sold, as the case may be, by a corporate or trader and/or on the electronic trading and transaction platform, as the case may be, for trade and commerce in a trade area.
2. (2) The Fees/Cess/Cesses/Charges leviable under sub-section
3. (1) shall be credited in the fund/s, set up for running of market committee and welfare of farmers or other purposes related to welfare and promotion of agriculture or agriculturist."

For the existing section 8 of the principal Act, the following shall be substituted, namely:-

"8. Dispute Resolution Mechanism for farmers.- In case of any dispute arising out of transaction between the farmer and a trader under section 4, the parties may seek a resolution through the provisions laid down under the State APMC Act and rules made thereunder."

For the existing section 14 of the principal Act, the following shall be substituted, namely:-

"14. Act to have overriding effect.- In the State of Rajasthan, subject to the provisions of the Farmers' Produce Trade and Commerce (Promotion and Facilitation) (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."

For the existing section 15 of the principal Act, the following shall be substituted, namely:- "15. Power of civil court.- The jurisdiction of civil court will be as prescribed in State APMC Act and rules made thereunder."

After the existing section 16 and before the existing section 17 of the principal Act, the following new sections shall be inserted, namely:- "16A. 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 State APMC 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. 16B. Punishment for harassment of farmers.- Notwithstanding anything contained in any other law for the time being in force, if any trader causes harassment to the farmers, such trader shall be guilty of committing the offence of harassment to the farmers which 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 treated to be committed where the trader does not accept the delivery of the farm produce agreed upon or having accepted the delivery does not make the payment to the farmer in accordance with the terms of the agreement or within three days from the date of receipt of delivery of goods, whichever is earlier. 16C. Power of State Government to give directions.- The State 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."

After the existing section 18 and before the existing section 19 of the principal Act, the following new section shall be inserted, namely:- "18A. Power of State Government to make rules.-

1. (1) The State Government may, by notification published in the official gazette, make rules for carrying out the provisions of this Act.
2. (2) Every Rule made by the State Government under this Act shall be laid before the House of the State Legislature as soon as may be after it is made, while it is in the session. The Legislature may make any modification in any rule or annul any rule and the rule shall thereafter have the 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 under that rule."

In existing section 19 of the principal Act,-

1. (i) in sub-section (1), for the existing expression "the Central Government may," the expression "the State Government may," shall be substituted; and
2. (ii) in sub-section (2), for the existing expression "before each House of Parliament." the expression "before the House of the State Legislature." shall be substituted.