NOTIFICATION
The 9th August
2007
No.1140-AS-I-2007/14293 In exercise of the powers conferred by sub section(1) read with sub section (2) of section 43 of the Punjab Agricultural Produce Markets Act, 1961 (Punjab Act 23 of 1961), the Governor of Haryana hereby makes the following rules further to amend the Punjab Agricultural Produce Markets (General) Rules, 1962, in their application to the State of Haryana, namely: -
1 (1) These rules may be called the Punjab Agricultural Produce Markets (General) Haryana Amendment Rules, 2007.
(2) They shall come into force with immediate effect.
2 In the Punjab Agricultural Produce Markets (General) Rules, 1962,(hereinafter called the said rules), after rule 16, the following rule shall be inserted, namely,-
“16A. Registration of contract farming section 8 A.-
(1)
Any
contract farming sponsor intending to register himself under section 8A of the
Act shall apply in Form A-I to the Secretary of the concerned Market
Committee. In case the contract
farming sponsor wants registration for more than one Market Committee, he may
apply to the Secretary of the Board.
(2)
Every
such application shall be accompanied with a registration fee of Rs.5,000/-.
The amount shall be refundable only if the registration is denied for any
reason. The period of registration shall be three years.
(3)
The
period of registration may be got renewed by applying to the Secretary of the
concerned Market Committee or the Secretary of the Board as the case may be in
Form A-II accompanied with a renewal fee of Rs.2,000/-. The amount shall be
refundable only if the renewal of registration is denied for any reason.
(4)
Every
application for registration/renewal shall also be accompanied with,-
(a) a detailed project report of the business
intended;
(b) a statement showing the financial status of
the applicant with the support of income tax returns for the previous two
assessment years or permanent assets with valuation assessed by a Chartered
Accountant;
( c ) balance sheet of last two years;
(d) proof of registration under the Companies
Act, 1956(1 of 1956), the Indian
Partnership Act, 1932(9 of 1932), the Haryana Cooperative Societies Act,
1984(22of 1984) or a Government agency, as the case may be.
(5) The Secretary of Market Committee or the Secretary of
the Board as the case may be shall evaluate
the application for registration or renewal submitted by the applicant and
after evaluation shall issue the registration certificate to the applicant in
Form B-I or renew the registration as the case may be. In case contract farming sponsor violates the
provisions of Act, Rule & Bye Laws or conditions of contract agreement, the
Secretary of the Market Committee or the Secretary of the Board as the case may
be, shall have the power to cancel his registration.
(6) The contract farming agreement between the contract
farming sponsor and contract farming producer shall be in Form C-I and it shall
be got registered with the District Marketing Enforcement Officer concerned in
the presence of both the parties. The
agreed rate/contract rate shall not be
less than minimum support price of the proceeding year. The buyer shall deposit
an amount up to 15% of the total price of the agricultural produce as per
agreed rate or minimum support price (if the rate is not agreed upon) or bank
guarantee for the sum with the committee in which the land is situated as
security. Where there is no minimum
support price and no agreed rate, the amount of security shall be calculated at
the rate of 15% of the prevailing market rate at the time of agreement. The security shall be released within a
period of thirty days after the date of satisfactory performance of the
agreement.
(7) In case both the parties want to change any of the
terms and conditions of the contract farming agreement, the same shall be
effected by the District Marketing Enforcement Officer concerned in the presence of both the parties from
time to time as per requirement.
(8) The Secretary of the concerned Market Committee or the
Secretary of the Board, as the case may be, shall maintain a record of the
contract farming sponsors in Form D – I.
(9) The District Marketing Enforcement Officer concerned
shall maintain a record of the contract farming agreements in Form E – I.
(10)
The District Marketing
Enforcement Officer concerned either himself or on the request of either party
shall empower the officials of the Board/committee or any other Government
agency being expert to enter the premises/fields of the parties to contract
farming agreement to inspect, supervise and monitor the farming practices
adopted and the quality of the produce from time-to-time. A record as may be
necessary in this regard in the form of
Kisan Diary or otherwise may also be maintained.
(11)
A Contract farming
sponsor shall submit annual accounts in Form F – I before 30th June
every year, to the concerned Market Committee in respect of all transactions
undertaken by him during the previous financial year.
(12)
If the contract farming
sponsor has purchased the produce with an intention to export or processing,
then he shall inform to the concerned Market Committee, the same in Form
G-I. The contract farming sponsor shall
submit a declaration that he is exporting or processing the produce within a
period of 90 days from the date of purchase.
(13)
If any dispute arises
between the parties in respect of any
provisions of contract farming agreement, either of the party may submit
an application to the Zonal Administrator concerned to resolve the
dispute. Every such application shall
bear the court fee stamp of ten rupees. The Zonal Administrator shall resolve
the dispute in a summary manner within a period of thirty days after giving the
parties a reasonable opportunity of being heard.
(14)
Any party aggrieved with
the decision of the Zonal Administrator may prefer an appeal to the Chief
Administrator within a period of thirty days from the date of such
decision. Such appeal shall bear the
court fee stamp of fifty rupees. The
appellate authority shall dispose of the appeal after giving the parties a
reasonable opportunity of being heard and the decision of the appellate
authority shall be final”.
3 In the said rules, in rule 31, in sub rule (1),after the first proviso, the following proviso shall be inserted, namely:-
“Provided further that every contract farming sponsor, who enters into the contract farming agreement shall maintain a register in Form Q and furnish information in Form R to the committee within a period of fifteen days of the purchase.
4 In the said rules, after form A, the following forms shall be inserted, namely:-
“Form
A-1
[See
rule 16 A (1)]
Application
for Registration under section 8 A (1)
To
The Secretary
Haryana State Agricultural
Marketing Board,
Panchkula.
Sir,
We, the undersigned, hereby apply for the registration as contract
farming sponsor. Necessary particulars
are given as under:-
1 Name
of the applicant
2 Full
address with H.No.,
Village/town/city and
State:
3 Place
of business:
4 Registration
No:
(Under the Companies Act,
1956 ( 1 of 1956), the Indian Partnership Act, 1932, (9 of 1932) and the Haryana
Cooperative Societies Act, 1984( 22 of 1984) Or a Government agency):
5 If the
applicant is a firm , particular of persons constituting the firm:
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Serial Number |
Name |
Father’s/Husband’s name |
Full address |
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6 Name of
the Managing Proprietor of the firm:
7 Name
of Managing Director or Competent Authority:
(In
case of a Company or Society or Government Agency)
8 Particulars regarding income tax
returns:
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Serial. Number |
Year |
Turn over |
Tax paid |
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9 Particulars of area intended to be agreed for contract
farming.
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Serial. Number . |
Village |
Tehsil and District |
Total land |
Commodity |
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11 We want registration for Market Committee, __________/whole State.
Certified
that the facts set out in the application are true to the best of my
knowledge. I undertake to abide by
provisions of the Punjab Agricultural Produce Markets Act, 1961 (Punjab Act 23
of 1961), rules and bye-laws made there-under.
I shall be responsible for all acts of
my employee
Signature of applicant.
(With full name and
Designation/Proprietor
along with official seal)
Form
A-11
[See
rule 16 A (3)]
Application
for renewal of registration under section 8 A (1)
To
The Secretary
Haryana State Agricultural Marketing Board,
Panchkula.
Sir,
We, the undersigned, hereby apply for the registration as contract
farming sponsor. Necessary particular
are given as under:-
1 Name
of the applicant:
2 Full
address with H.No:
Village/town/city and State:
3 Place of
business:
4
Registration No:
(Under the Companies Act, 1956 ( 1 of 1956), the
Indian Partnership Act, 1932, (9 of 1932) and the Haryana Cooperative Societies
Act, 1984( 22 of 1984) Or a Government agency):
5 If the
applicant is a firm , particular of persons constituting the firm:
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Serial.Number |
Name |
Father’s/Husband’s Name |
Full address |
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6 Name
of the Managing Proprietor of the firm:
7 Name
of the Managing Director or competent authority:
(In case
of a company or society or Government Agency)
8 Particulars regarding income tax
returns:
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Serial.Number |
Year |
Turn over |
Tax paid |
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9
Particulars of area intended to be agreed for contract farming.
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Serial Number |
Village |
Tehsil and District |
Total land |
Commodity |
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11 Date on which registration expires:
12 Fee paid: Rs.__________
13 Penalty paid, if any:
Rs.__________
14 We want registration for Market Committee,
__________/whole State.
Certified that the
facts set out in the application are true to the best of my knowledge. I undertake to abide by provisions of the
Punjab Agricultural Produce Markets Act, 1961 (Punjab Act 23 of 1961), rules
and bye-laws made there-under.
I shall be responsible for all acts of my employees.
Signature of applicant.
(With
full name and Designation/Proprietor
along with official seal).”.
5 In the said rules, after form B, the following form shall be
inserted, namely:-
“Form B-I
[See rule 16A(5)]
REGISTERATION
CERTIFICATE
Registration
No.
Dated:
-
Certified that pursuant to the provisions of the Punjab
Agricultural Produce Markets Act, 1961 (Punjab Act 23 of 1961)
the__________________ having its office at ______________ is hereby registered
to enter in to an agreement with the contract farming producer on the terms and
conditions as agreed upon between them.
This certificate is valid for three years from the date of its issuance.
The conditions of
registration are given below:-
1
Registration
holder shall comply with the provisions of the Act, rules, bye laws and the
instructions issued in this regard.
2 The registration holder
shall comply with the terms and conditions given in the contract farming
agreement.
3 In case contract farming
sponsor violates the provisions of Act, rules and bye- laws or conditions of
contract agreement, the Secretary of the Market Committee or the Secretary of
the Board, as the case may be, shall have the power to cancel his registration.
Sd/-
Secretary Market
Committee/ Secretary
Haryana State Agricultural Marketing Board,Panchkula”.
6 In the said rules, after
form C, the following form shall be inserted, namely:-
“Form C-I
[See rule 16A (6)]
Form of agreement for contract farming
THIS AGREEMENT is made and
entered into at __________on the _________day of_________, 200 between Shri____________________Son
of________________age____ residing at
__________________________, hereinafter called the “party of the first
part” (which expression shall, unless repugnant to the context or meaning
thereof, mean and include his heirs, executors, administrators and assigns) of
the one part, and ____________________ a Private/Public Limited
Company/Society/Firm/Government Agency registered under the provisions of the
Punjab Agricultural Produce Markets Act, 1961(Punjab Act 23 of 1961) and having
its registered office at ______________hereinafter called the “party of the
Second part” (which expression shall, unless repugnant to the context or
meaning thereof, mean and include its successors and assigns) of the other
part.
WHEREAS the party of the first part is the
owner/cultivator of the agricultural land bearing the following particulars:
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Village |
Tehsil and District |
Description of area with Khasra No.and Khewet No. |
Total land |
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AND WHEREAS, the party of the second part is trading in
agricultural produce and also providing agricultural inputs and technical
know-how in respect of land preparation, nursery, fertilization, pest
management, irrigation, harvesting and alike things.
AND WHEREAS the party of the second part is interested in
the items of the agricultural produce more particularly mentioned in Schedule-I
hereto annexed and at the request of the party of the second part, party of the
first part has agreed to cultivate and produce the items of agricultural
produce mentioned in the Schedule-I hereto annexed.
AND WHEREAS the parties
hereto have agreed to reduce in writing the terms and conditions in the manner
hereinafter appearing:
Terms and Conditions: -
Clause 1: -
The party of the first part
agrees to cultivate, produce and deliver to the party of the second part and
the party of the second part agrees to buy from the party of the first part,
the items of the agricultural produce as mentioned in the Schedule-I hereto
annexed.
Clause 2: -
It is expressly agreed between the parties hereto that this agreement is for agricultural produce particulars of which are described in Schedule-1 hereto. The duration of agreement shall be for the _______season/months/year. After the expiry of said period, this agreement shall automatically terminate.
Clause 3: -
It is expressly agreed between the parties that:
(a) The party of the first part shall cultivate, produce and supply the items to the party of second part as per specifications mentioned in the Schedule-I hereto.
(b) The party of second part shall supply the seeds, fertilizer, pesticides and any other inputs for the cultivation and production of the agriculture produce as detailed in Schedule-I.
(c) The party of the first part agrees to adopt instructions/practices in respect of land preparation, nursery, fertilization, pest management, irrigation, harvesting and any other, as detailed in Schedule-I.
Clause 4: -
The party of first part agrees to supply the quantity contracted according to the quality specifications stipulated in Schedule-I and it shall be the responsibility of the party of the second part to take into possession of the contracted produce after it is offered for delivery as per Schedule-II. If there is any dispute regarding quality specifications of the agricultural produce, either of the party can approach the committee for expert to assess the same. If the produce is not found as per the quality specifications, then the party of second part can refuse to take the delivery and the party of first part shall be free to sell the produce:
(a) to the party of second part at a mutually renegotiated price; or
(b) in the market yard and the party of the second part shall be entitled to recover the advance, if any, made by him to the party of first part.
If the produce is found as
per the quality specifications and the party of second part refuse/fails to
take the delivery for his own reasons then the party of first part shall be
free to sell the agriculture produce in the market yard and if he gets a price
less than the price contracted, he shall be compensated to the extent of loss,
by the party of the second part within ten days of an application made by the
party of the first part to the party of the second part. A copy of such
application shall be endorsed to the committee also. The party of the second part shall inform the committee about the
action taken on such application. The party of the second part shall be
entitled to deduct the advance cash/kind, if any, made by him to the party of
the first part.
It shall be the
responsibility of the party of the first part to deliver the contracted produce
as per Schedule-II failing which the party of the second part shall intimate
the committee and shall be free to purchase the produce from the market yard.
The party of the second part can approach the authority prescribed for
compensation to the extent of loss.
Clause 5: -
The party of the second part shall make the payment to the party of the first part at the time of delivery. If the party of the second part fails to make the payment within fifteen days of the delivery, an interest @18% shall be paid to the party of the first part.
Clause 6: -
The party of the second part or its representatives agrees to have regular interactions with the farmer’s forum set up/named by the party of the first part during the period of contract.
Clause 7: -
The party of the second part or its representatives at their costs shall have the right to enter the premises/fields of the party of the first part to monitor farming practices adopted and the quality of the produce from time to time.
Clause 8: -
Neither the party of the second part shall have any right whatsoever as to the title, ownership, possession of the land/property of the party of the first part nor it shall, in any way, alienate the property of the party of the first part by way of mortgage, lease, sub-lease or transfer to any other person/institution during the continuation of this agreement.
Clause 9: -
It is agreed that this agreement apart from the agreed covenants thereof shall be governed by the provisions of the Punjab Agricultural Produce Markets Act, 1961 and the rules framed thereunder.
Clause 10: -
In case both the parties want to change in the terms and conditions of the contract farming agreement, the same shall be effected by the registering authority concerned in the presence of both the parties from time to time as per requirement.
Clause 11: -
Dissolution, termination or cancellation of this contract shall be affected with the consent of both the parties. Such dissolution, termination or cancellation shall be communicated to the registering authority within a period of fifteen days of such dissolution, termination or cancellation failing which the registering authority shall be entitled to impose appropriate cost on the parties.
Clause 12: -
In the event of breach of contract farming agreement or any dispute or difference arising between the parties hereto or as to the rights and obligations under the agreement or as to any claim, monetary or otherwise of one party against the other or as to the interpretation and effect of any terms and conditions of this agreement, such dispute or difference shall be referred to the authority prescribed under the rules.
Clause 13: -
In case of change of address of any party to this agreement, it should be intimated to the other party and also to the authority concerned within a period of fifteen days.
Clause 14: -
The party of second part confirms that it has registered itself with the authority concerned vide Registration No.------------------ dated -------- and the fee levied by the authority concerned shall not be deducted in any manner, whatsoever from the amount paid to the party of first part
Clause 15: -
Each party hereto shall act in good faith diligently and honestly with the other in the performance of their responsibility under this agreement and nothing shall be done to jeopardize the interest of the other.
In witness whereof the parties have signed this agreement on the _______ day ________month and ________year first above mentioned.
Witness
___________________
Signature _________________
Signature
_____________________
Name_____________________
Name____________________
Date______________________
Date:
____________________
Address___________________
Address:________________ First Party_________________
Signature_________________
Name____________________
Name
___________________
Date_____________________
Date
_______________________
Address __________________
Address_____________________ Second
Party_______________
Schedule –I
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Serial
Number |
Name
of AgricultureProduce |
Inputs
to be supplied by second party |
Package
of practice to be supplied by second party as per annexure I |
Grade
|
Specification |
Quantity |
Price/
Rate |
Value |
Any
Other |
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Schedule
–II
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Serial.Number |
Name of Agriculture Produce |
Place of Delivery |
Name of party who will transport and bear the cost of transportation of Agriculture. Produce |
Approximate time of Delivery |
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.”.
7 In the said rules, after form D, the following form shall be inserted, namely:-
“FORM D I
[See rule 16 A(8)]
REGISTER OF CONTRACT FARMING SPONSOR
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Serial Number |
Name and address of applicant. |
Date of receipt of application. |
Registration Fee Rs. |
District (s) for which the Registration is granted. |
Period for which Registration is granted. |
No. and Date of issue of registration. |
Signature |
Remarks. |
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8 In the said rules, after form E, the following form shall be inserted, namely:-
“FORM E I
[See rule 16A(9)]
FORM OF REGISTER OF CONTRACT FARMING AGREEMENT
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Serial Number |
Name of parties |
Type of agricultural Produce |
Estimated quantity of
agricultural produce |
Period of contract |
Estimated value of
agricultural Produce |
Date of agreement |
Signature of registering
officer |
Remarks |
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First party |
Second Party |
Third party |
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.”. |
9. In the said rules, after form F, the following form shall be inserted, namely:-
“FORM F I
[See rule 16A (11)]
FORM OF ANNUAL ACCOUNTS OF CONTRACT FARMING SPONSOR.
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Serial Number |
Name of the commodity |
Number of farmers with whom contracts signed |
Area under Contract farming agreement |
Quantity purchased in tones |
Total value and quantity of produce purchased |
Value paid to the farmers |
Payment outstanding for more than 15 days |
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Number of farmers. |
Amount in Rs. |
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Signature of Contract Farming Sponsor
With full Name, designation and official seal, if any.”.
10 In the said rules, after form G, the following form shall be inserted, namely:-
“Form G I
[See rule 16A (12)]
FORM FOR INFORMING THE PRODUCE PURCAHSED WITH AN INTENTION TO EXPORT OR PROCESSING BY THE CONTRACT FARMING SPONSOR
Return for the period of _____________
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Serial Number |
Quarter for which report pertains |
Total quantity of agricultural produce in tones |
Total value of agricultural produce |
Total quantity of produce purchased for export in tones (Rs.) |
Quantity of agricultural produce purchased for processing in tones |
Quantity of agricultural produce exported within 90 days of its purchase |
Quantity of agricultural produce processed with in 90 days of its purchase |
Remarks |
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It
is hereby certified that I / we undertake that the quantity of agricultural
produce purchased for export /
processing shall be exported or processed by we / us within a period of 90 days
from its purchase. Failure to do so
shall result in action / penalty against me / us as per the provisions of the
Act and Rules.
Signature of Contract Farming Sponsor.”.
Serial
Number
|
Date
of transaction
|
Name
and address of the producer
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Name
of
the Agriculture produce
|
Approximateweight
of produce
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Rate
of the produce
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Mode of transportation
with type of vehicle and number
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Actual
weight
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Signature
of the producer seller/
seller
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Name
of the Market Committee
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Remarks
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1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
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[See rule 31(1)]
Market Committee _______________
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Serial Number |
Name of the Producer/seller |
Name of the agricultural produce |
Actual weight |
Rate |
Amount of market fee payable |
Remarks |
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1 |
2 |
3 |
4 |
5 |
6 |
7 |
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I hereby certify that the above-mentioned information and particulars given above are true and correct.
(Signature)
along with full Name of the firm/society/company.”.
___________________________________________________________________________