Punjab passes its own three agriculture Bills

First State to formally reject Centre’s 3 farm legislations

October 20, 2020 11:38 am | Updated November 28, 2021 01:32 pm IST - CHANDIGARH:

Farmers shout slogans during their ongoing 'rail roko' protest over new farm laws, at Devi Dass Pura village in Amritsar, on Monday.

Farmers shout slogans during their ongoing 'rail roko' protest over new farm laws, at Devi Dass Pura village in Amritsar, on Monday.

Punjab on Tuesday became the first State in the country to formally reject the Central government’s three agriculture sector legislations , with its Legislative Assembly on Tuesday unanimously passing three Bills to negate the Union laws.

Also read | AAP MLAs stage overnight sit-in against Cong. govt. inside Punjab Assembly complex

The Assembly passed a resolution rejecting the Central legislations and the proposed Electricity Amendment Bill and demanding their immediate annulment. It also sought an ordinance to protect the Minimum Support Price (MSP) and ensure the continuance of procurement by the Centre.

The three State Bills provide for imprisonment of not less than three years and fines for sale-purchase of wheat or paddy under a farming agreement below the MSP, besides prevention of hoarding and black-marketing of agricultural produce, among other things.

The provision of punishment for sale-purchase below the MSP has been incorporated in The Farmers' (Empowerment and Protection) Agreement on Price Assurance and Farm Services (Special Provisions and Punjab Amendment) Bill, 2020.

The Bill provides that no sale or purchase is done below the MSP and violation of the same shall invite imprisonment of three years besides fine. It seeks to ensure that no sale or purchase of wheat or paddy under a farming agreement shall be allowed below the MSP. It also seeks amendment to sections 1(2), sections 19 and 20 of the Centre’s Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm Services Act, 2020. It proposes to add new sections that are section 4, 6 to 11.

The Farmers’ Produce Trade and Commerce (Promotion and Facilitation) (Special Provisions and Punjab Amendment) Bill, 2020, seeks to amend sections 1(2), 14 and 15 of the Farmers’ Produce Trade and Commerce (Promotion and Facilitation) Act, 2020 to ensure that sale or purchase of wheat or paddy in the State is not allowed below the MSP. The amendment Bill also seeks to provide for punishment for harassment of farmers or payment of less price to the farmers by inserting new sections 6 to 11.

Also read |More than half of farmers oppose farm laws: survey

The Essential Commodities (Special Provisions and Punjab Amendment) Bill, 2020, seeks to amend the Centre’s ‘The Essential Commodities (Amendment) Act, 2020’ by amending section 1(2) and section 3(1A) of the Essential Commodities Act, 1955. It seeks to ensure status quo ante as on June 4, 2020 with regard to implementation of the Central Act namely, ‘The Essential Commodities (Amendment) Act, 2020’.

Fourth Bill

A fourth Bill - The Code of Civil Procedure (Punjab Amendment) Bill, 2020 was also passed, which seeks to insert a provision for exemption of agriculture land not exceeding 2.5 acres from Section 60 of The Code of Civil Procedure, 1908, which provides for attachment or decree of various properties - moveable and immoveable. Proviso-b to this Section states that the properties of the farmers such as cattle, implements, cowsheds, etc, would be exempt from attachment, but as on date agriculture land can be attached. Given the farmers’ apprehension about attachment-decree of their land as a consequence of enforcement of farming contracts or otherwise, the State government is seeking, through this Bill, to give full exemption to small farmers and others from attachment or decree of land up to 2.5 acres.

All MLAs unanimously voted in favour of the resolution and the Bills, except the two BJP members who were absent from the House during the second day of the special Assembly session. The resolution, which was passed, described the Centre’s farm laws and the proposed Electricity (Amendment) Bill 2020 as ‘anti-farmers’ and demanded that they be scrapped.

Chief Minister Amarinder Singh informed the House that he had sought time from the President of India to raise Punjab’s concerns on the farm laws. He appealed to farmers’ unions to allow movement of trains for the transportation of coal, urea and grains. He pointed out that the State government has already lost ₹40,000 crore in revenue due to the ongoing “rail roko” agitation. Industry and business was as much the responsibility of the State government as was agriculture, he said, adding that the farmers’ fight was against Delhi, not against Punjab.

Earlier, responding to a suggestion from Leader of the Opposition Harpal Singh Cheema, on MSP guarantee by the State government, the Chief Minister asked the Aam Aadmi Party (AAP) leader if he had any idea about the financial implications of such a move. In any case, where would the State sell the produce even if it purchased the same, he added, terming the suggestion impractical.

Amarinder meets Governor

Later, the Chief Minister, along with Congress, AAP and Shiromani Akali Dal MLAs met Governor V.P.S Badnore and submitted the House resolution.

Talking to journalists, Capt. Amarinder said his government was all set to take legal recourse if the Governor did not sign the amendment Bills.

Asked about the possibility of the Centre imposing President’s rule in the State to scuttle the attempts to negate the farm Laws, he said, “Let’s wait and see... we will move step by step.” However, if the situation came to such a pass, the Centre would not need to dismiss him as he was carrying his resignation in his pocket and would give it willingly, rather than compromise on the interests of Punjab and its farmers, he said.

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