Review of APMC Act and Reform Initiatives (28th-30th August,2012) Lallan Rai Ex-Asstt AMA/Consultant, Directorate of Marketing and Inspection N.H.IV, Faridabad-121001 COSAMB Meeting 1 Outline of Presentation • • • • • • • • • Agriculture Scenario Agricultural Marketing Scenario Review of APMC Act Present APMC Act-Issues and Concerns Need for Market Reforms Model APMC Act, 2003 Progress of Market Reforms Initiatives by States Need for Future Action COSAMB Meeting 2 Agriculture Scenario Strength • Varied agro-climatic conditions – wide range of Agricultural/Horticultural products • Leadership across several products-volume • Large Domestic Market • Provides large raw material base to industry • Abundant labour supply at competitive cost • Strong Research and Development Set up Weakness • Small land holdings with Small Individual Marketable Surplus • Weak Credit flow and inadequate risk coverage • Low level of value addition at the farm gate • Lack of Market information • Absence of Common trade language 3 COSAMB Meeting Production Trends Production of Foodgrains (Million Tonnes) Production of Fruit and Vegetables (Million Tonnes) 270 160.00 257.44 250 244.78 140.00 134.1 128.45 120.00 100.00 234.47 149.61 146.55 129.08 109.05 114.99 88.62 230.78 80.00 230 74.88 68.47 59.56 60.00 65.59 212.85 218.11 217.28 210 208.60 77.52 58.74 40.00 44.00 20.00 0.00 190 Production COSAMB Meeting 71.52 Fruit Vegetables 4 Agricultural Marketing Scenario Strength • Large Consumer Base • Wide network of markets across the State through APMCs • Rise in household income- enhanced demand for high value foods and FMCG products Weakness • High Post-harvest wastages and Transportation cost • Multiple intermediaries-Low price realization by farmers • Lack of adequate Scientific Storage facilities near to Farm • Fragmented Supply Chains and High marketing Cost Opportunities • Globalization provides better farming and value addition opportunity • Government investment policy conducive for private investment • Specialized Schemes leading to capital formation and enhancing productivity and farm income COSAMB Meeting 5 High Post-harvest Losses COSAMB Meeting Source: ICAR Study, 2010 6 Mandi Charges (incl. of purchase tax, market fees, arthia commission etc) in various States (as percentage of MSP) State/UT Bihar Purchase/ sales Tax/ Trade Tax/ VAT 1.0+3.0 Market fee Arthia Commission Other charges Total - 2.0 - 6.0 Gujarat - 1.0 2.0 - 3.0 Haryana 4.0 2.0 2.5 2.0(RD Cess) 10.5 Madhya Pradesh Punjab 4.0 2.0 2.0 8.2 5.0 2.0 2.5 - 1.6 2.0 0.2 (Nirashrit Shulk) 5.0 (RD Cess @2% + ID fee @3%) - 4.0 2.5 2.0 - 8.5 4.0 2.5 - - 6.5 Rajasthan Uttar Pradesh Uttarakhand COSAMB Meeting Source: Price Policy for Rabi crops, the Marketing season- 2012-13 14.5 3.6 7 How to Safeguard Small Producers? • Present Agricultural Marketing -Three main Components (GMM): Statutory charges (6 to 12 per cent); Net margins of intermediates (6-20 per cent); and Real cost of performing marketing functions (68 to 88 per cent). Reduction in real cost of marketing require increasing scale of operations and technological change in the marketing system. Small farmers with low marketed surplus cannot do it. The organized sector is coming up in a big way and their role is important. Need for an institutional revolution to enable the producer organizations with professional management to emerge in the scene. Can we think of farmers’ corporations /Producers’ Companies to emerge in production as well as processing and marketing of agricultural commodities? Implications of this form of institutional set up in agricultural marketing need critical examination and serious debate. COSAMB Meeting (Source: Prof.S.S. Acharya Paper) 8 Review of APMC Act • Initial Regulatory Framework: • Agriculture Marketing- a State subject- regulated through respective State APMC Act • 27States and 1 UT have APMC Act • Major Objectives of APMC Act: Development of Market Infrastructure Open Auction for price discovery Fair Value for farmer’s produce Standardized Charges Prompt payment to farmer Dispute Settlement COSAMB Meeting 9 Progress of Regulation of Markets 8000 7000 6052 6217 1980 1990 7127 7139 7157 7246 2000 2009 2010 2011 6000 5000 4000 2481 3000 2000 1000 73 286 1940 1950 715 0 1960 1970 Number of Markets COSAMB Meeting 10 Density of Regulated markets 12000 11215 Need of markets within 80 sq.kms. 10000 7096 8000 6000 4000 1160 2000 304 347 397 473 156 596 731 350 496 794 103 130 398 963 0 Area covered by each market(Sq.Km.) COSAMB Meeting 11 Status of Cold Storages (31.12.2009) Numbers of Cold Storages Capacity in ‘000 tonnes 107 140 356 937 2341 4885 Private COSAMB Meeting Cooperative Publc Private Cooperative Publc 12 Establishment of Market Committee • Responsibility of enforcement of provisions of the Act rests with Market Committee • Except Tamil Nadu(One Committee for all markets in the District) all State Acts provide for constitution of separate Market Committee • In Maharashtra separate Market Committee for Greater Mumbai • The number and constituents of the membership of the Market Committee differ with other Committees of State • TN Act permits Co-operative Marketing Societies to establish a market after observing certain formalities • It is, therefore, necessary to have a Taluk level Market Committee with uniform pattern in all the States/UTs COSAMB Meeting 13 Election of Members of Committee • In most of the States provision of direct election of non-official members • In Himachal Pradesh, the members are appointed by the Board out of the Panel maintained (given by the concerned District Commissioners) • There should be indirect election of members from amongst the Panchayat members (already elected through direct election) to save wasteful expenditure COSAMB Meeting 14 Composition of APMCs (%) Name of the State/UT Uttar Pradesh West Bengal Assam Gujarat Rajasthan Orissa Delhi Producers/ Agriculturist 52.28 Licensees / Cooperatives Local Cooperative Authority 14.28 4.77 4.77 State Govt. MLA/ MP 9.52 - 50.00 46.05 47.70 46.68 47.05 42.88 16.70 20.00 23.55 13.33 23.55 14.28 5.55 6.66 11.76 13.33 5.88 7.14 5.55 6.66 5.88 26.66 11.76 7.14 11.10 6.66 11.76 11.76 14.28 6.66 - Goa 46.70 20.00 6.66 13.32 13.32 5.55 5.55 6.66 Lic. W/man Metro7.14 Coun. 7.14 - Madhya Pradesh Tripura Maharashtra Tamil Nadu Punjab Andhra Pradesh Karnataka Upto 7.00 50.00 55.55 60.00 52.94 66.65 15.00 5.00 - 5.00 5.00 - - 8.50 16.70 20.00 35.30 16.70 8.50 5.55 5.88 5.55 16.50 11.10 5.55 16.50 11.10 20.00 5.88 5.55 - - - 52.96 5.88 11.76 5.88 5.88 Haryana SC/ST/BC represented Meghalaya Arunachal Pradesh Nagaland 58.34 25.00 8.33 - 8.33 SC/T 11.76 - Taluk Dev/ Board 5.88 - 38.48 22.22 23.07 22.22 15.38 11.11 7.67 - 54.55 One SC/ST 18.18 9.90 - 7.69 National Samity 44.45 18.18 - COSAMB Meeting Financial Institution - SWC/ CWC 14.28 FCI/ - - - - - 15 Numerical strength of Market Committees No. of persons as stipulated in market States/Union Territories legislation 8-20 Madhya Pradesh COSAMB Meeting 14-21 Uttar Pradesh 15-18 West Bengal 9 or 16 Punjab (Without representation of cooperatives) 10 or 17 Punjab (With representation of cooperative) 11 or 19 Haryana (Without representation of cooperatives) 12 or 20 Haryana (with cooperative representative) 9-16 Himachal Pradesh 9 Arunachal Pradesh 11 Nagaland 12 Tripura 13 Meghalaya 14 Delhi 15 Tamil Nadu, Assam, Rajasthan, Goa. 17 Gujarat, Orissa, Karnataka 18 Maharashtra 16 Commodity Coverage • Commodities included in the Schedule or declared as such by the Government Notification • In Andhra Pradesh, Tamil Nadu, U.P., Maharashtra, Gujarat, Rajasthan, Odisha, Punjab and Chandigarh regulation is specified in the Schedule • Except Andhra Pradesh and Tamil Nadu all the Acts provides for inclusion as well as deletion of any agricultural produce from the list of notified commodities • Manner of Notification as well as commodity coverage also vary from State to State • No provision exists for livestock inPunjab, Chandigarh, HP, MP and Tamil Nadu COSAMB Meeting 17 Realization of Market Fee By APMCs Sl. No. Rate of market Names of States/Uts fee 1 Below 1% 2 1 % to below Andhra Pradesh, Assam, Delhi, 2% Himachal Pradesh, Karnataka, Madhya Pradesh, Uttar Pradesh, Orissa, Tamil Nadu, Meghalaya, Nagaland, Rajasthan and parts of Maharashtra. 3 2% COSAMB Meeting Remarks Gujarat, Pondicherry, Goa, Maharashtra – Rs.0.75 Tripura, Parts of Maharashtra –100 & Kerala Only Malabar hills districts under MCCM Act, 1933 in Kerala. FCI & State Coop. Exempted in Assam. Meghalaya & Nagaland Collection of fee not yet introduced. In Orissa 3% for animal husbandry products. Punjab, Haryana, West Bengal, Punjab Arunachal Pradesh Timber. 1% for 18 Contribution of income of APMCs to SAMB Sl. No. Percentage contribution to Name (s) of States/U.T. the Board 1 Upto 5% Karnataka & Orissa 2 Upto 10% Andhra Pradesh, Uttar Pradesh, Rajasthan and Maharashtra 3 Upto 20% West Bengal, Tripura, Delhi 4 Upto 30% Assam and Meghalaya 5 Upto 50% Madhya Pradesh and Arunachal Pradesh 7 Upto 10-40% Punjab – Slab system depending upon income of APMC. 8 Upto 20-30% Haryana – Slab system depending upon income of APMC. COSAMB Meeting 19 Settlement of disputes in various States Sl. No. Channel for settlement of disputes 1 Secretary Arbitrator Dispute sub-committee Gujarat, Delhi, Andhra Pradesh, Bihar, Uttar Pradesh, Orissa, Tripura, Punjab and Chandigarh. 2 Secretary Arbitrator 3 Secretary Arbitrator Board constituted for Maharashtra settlement of disputes 4 Arbitrator Umpire 5 Secretary Arbitrator Empire dispute Committee COSAMB Meeting States/UT West Bengal Dispute Sub-Committee Rajasthan Sub- Himachal Pradesh 20 Present APMC Act -Issues • Issues and Concerns: • • • • • • • • • • Traders can not buy outside Market Yard-add to cost Market Density Low – Long travel Infrastructural facilities inadequate in markets Rural Periodic Markets not properly developed Bureaucratic management- lost original purpose Congestion in market yards Several Malpractices continue Barrier to entry-Strong associations, License linked to shops Market fee not used for development in some cases APMCs emerged as monopoly COSAMB Meeting 21 Need for reform in Agricultural Marketing Necessary to : Empower producers with market information to undertake market-driven production. Provide Multiple Choice and Marketing Channels to farmers. competitive Attract Large Scale investments needed for building Post-Harvest infrastructure. 22 Model Act, 2003- Salient Features Establishment of Market in Private and Cooperative sector Promotion of Direct Marketing and Contract Farming Establishment of Farmer/Consumer Markets Single point licensing & Single Point levy of market fee/cess Setting up of Special Commodity Markets/ Promotion of e-trading Professional management of APMCs COSAMB Meeting 23 Progress of Market Reforms Progress of Market Reforms (31.07.2012) State provide for Reform 3% States not yet reformed 14% Reforming States 46% No APMC Act in States 20% Partial Reforming States 17% COSAMB Meeting 24 Provisions of Model Act Adopted (con..) Area of Reforms States adopted the suggested area of market reforms Setting up of Special Markets and Special Andhra Pradesh, Gujarat, Maharashtra, Karnataka, Nagaland, Commodity Market Sikkim, Tamil Nadu Tripura, Jharkhand and Uttarakhand To promote and encourage e-trading, Gujarat, H.P., Karnataka, Nagaland, Sikkim, Mizoram, Goa, Maharashtra (under Rule 5 license granted to Commodity Exchanges registered under FMC), Uttarakhand and Rajasthan Registration of Contract Farming Andhra Pradesh, Arunachal Pradesh, Assam, Goa, Himachal Pradesh, Karnataka, Haryana, Maharashtra, Madhya Pradesh, Mizoram, Nagaland, Odisha, Rajasthan, Chhattisgarh, Sikkim, Tripura and Jharkhand and Uttarakhand Andhra Pradesh, Arunachal Pradesh, Assam, Chhattisgarh, Gujarat, Goa, Karnataka, Haryana, Madhya Pradesh, Mizoram, Maharashtra, Nagaland, Orissa, Rajasthan, Sikkim, Tripura and Jharkhand and Uttarakhand Arunachal Pradesh, Assam, Goa, Haryana, Maharashtra, Mizoram, Nagaland, Odisha, Rajasthan, Sikkim, Tripura , Jharkhand, Andhra Pradesh, Karnataka and Uttarakhand contract farming agreement recorded with the prescribed officer. No title, rights, ownership or possession shall be transferred or alienated or vest in the contract farming sponsor or his successor or his agent as a consequence arising out of contract farming agreement. COSAMB Meeting 25 Provisions of Model Act Adopted Area of Reforms States adopted the suggested area of market reforms Dispute settlement mechanism Andhra Pradesh, Arunachal Pradesh, Assam, Chhattisgarh, Gujarat, Goa, Karnataka, Haryana, Madhya Pradesh, Mizoram, Maharashtra, Nagaland, Ordisha, Rajasthan, Sikkim, Tripura and Jharkhand; Himachal Pradesh and Uttarakhand Arunachal Pradesh, Goa, Karnataka (Reduced by 30%), Maharashtra, Mizoram, Nagaland, Orissa, Rajasthan, Sikkim, Tripura, Punjab (exempted under the Rules), Chandigarh (exempted under the Rules) and Uttarakhand Chhattisgarh, Gujarat, Goa, Himachal Pradesh, Madhya Pradesh, Mizoram, Karnataka, Nagaland, Sikkim, UT of Chandigarh, Punjab, Jharkhand, Rajasthan and Uttarakhand Andhra Pradesh, Arunachal Pradesh, Assam, Gujarat, Goa, Himachal Pradesh, Karnataka, Madhya Pradesh ( only direct purchase), Maharashtra, Mizoram, Nagaland, Orissa (excluding for paddy / rice), Rajasthan, Sikkim, Tripura, Punjab (not for direct purchase), Chandigarh (not for direct purchase), Jharkhand and Uttarakhand Arunachal Pradesh, Assam, Gujarat, Goa, Himachal Pradesh, Karnataka, Madhya Pradesh (under bye-laws), Mizoram. Maharashtra, Nagaland, Rajasthan, Sikkim, Tripura, Punjab (only enabling provision), UT of Chandigarh (only enabling provision), Jharkhand and Uttarkhand Exemption of Market Fee on the sales to the contract farming sponsors taking place outside the market yard under the contract farming agreement Single point levy of market fee Establishment of private market yard and direct purchase from farmers Establishment of consumer / farmer market COSAMB Meeting 26 Initiatives Taken by States Common License for Direct procurement from farmers has been provided by Maharashtra (23), MP (8), Rajasthan (1) and Karnataka(249) License for Direct marketing has been provided by Andhra Pradesh(171), Gujarat(21), Haryana(37), Himachal Pradesh(12) Karnataka(9), Maharashtra(107), Odisha(46), Punjab(26), Rajasthan (76) and Tamil Nadu(179). License for Private Markets – Andhra Pradesh(2), Rajasthan(2), Gujarat(13), Tamil Nadu(6) and Karnataka(3) License for Spot Exchange has been granted by Gujarat, Maharashtra, Karnataka, Orissa, Rajasthan and Madhya Pradesh M.P.,Uttarakhand and West Bengal have waived market fee on sale of fruit & vegetables. Government of Haryana introduced E-license to commission agents Smart Card based electronic records for farmers and Digital Mandi system. 27 COSAMB Meeting Need for Future Action • State Governments to expedite amendment of Act/Rules on the lines of Model Act/Rules • COSAMB may pursue member States to complete the Reform process • Initiatives for Private Markets/infrastructure development in Reformed States • Long term Policy stability to attract investment • Organize farmers into Groups/Co-operatives /Producer Companies • Promote barrier free National Market COSAMB Meeting 28 Thank You COSAMB Meeting 29