Haryana Plywood Manufacturers Association (HPMA) raised their concern against the demand of market fee of 2% by the office of the market committee on Eucalyptus and Poplar. They are moving to the court against it. Mr JK Bihani, President, HPMA said that we had written to the HSAM Board but there is no reply came from them even after a week, so we are moving to the court as was said into the letter submitted to them.”
In the letter to Board the reference of the act implanted by the central government for the farmers and had said that if the state government did not follow the direction, the association will move to high court. It is to be noted that the association had made a representation before DC, Yamunanagar to exempt the market fee in the month of June, 2020, after Central Govt Ordinance passed on June 2, 2020 to abolish the market fee on farm produce product.
The office of the market committee Yamunanagar issuing an order to the HPMA asked for the dew amount of the Market Fee (2%) on Eucalyptus and Poplar from timber traders/aartiyas dealing with these species of timber on ad valorem basis as was paid before promulgation of the ordinance. The committee has written to the association that Chief Administrator, HSAM Board has clarified that the “farmer’s produce” as defined in Farmer’s Produce Trade and Commerce (Promotion and Facilitation) Ordinance, 2020 does not include any forestry produce such as Timber i.e Eucalyptus and Poplar
The association differed with this interpretation of forestry produce and had submitted that:
1) Eucalyptus and Poplar are specified under scheduled list of The Haryana Agricultural Produce Markets (The Punjab) Act 1961. These products are grown and brought by farmers/traders for sale in a trade area. These are agricultural produce
2) Section 2(j) defines the "scheduled farmers produce" means the agricultural produce specified under any State APMC Act for regulation
3) Section 6 of the ordinance no. 10/2020 exempts "scheduled farmers' produce" from levy of any fees, cess or levy for trade and commerce in a trade area (which is the area outside the physical walls of a notified Mandi/Market).
And the association contention is that there is no ambiguity about the provisions of the ordinance. Any other view is arbitrary and not as per provisions of the sections of the ordinance. So, the market fee is not applicable in view of above legal provisions.
The plywood industry was long awaiting relief from the market fee and many times in the past they had reasoned to remove it. Recently, Haryana Government forest minister MrKawarpalGurjar in presence of local MLA Mr Ghanshyam Das Arora (Yamunanagar) also had promised to being a solution after HPMA president demanded to abolish the Mandi tax. He then later put this matter before CM, but the CM had clarified that the transacted goods must be taken into account 2% tax is not heavier so it will continue.