Policy Questions for Resolution A) How to mitigate the various risks namely crop failure, dominant role by firms in price fixation, rejection on the basis of quality, payment delay associated with contract farming?
B) What are best ways to actively involve small and marginal farmers in contract farming system?
C) Workout an effective mechanism to prevent the situation of either
parties (firms or farmers) breaking away from the contract? How to mitigate the various risks? Crop failure: Crop insurance, Use only part of the land to cultivate contracted crop, Engage with farmers throughout crop cycle.
Dominant role by firms: Allow farmers to enter into contract
with one or more firms, Encourage contract for minimum period of one production cycle, Give farmers the power to fix prices together with firms, Prohibit firms from raising permanent structures on the farmers’ land, Mandate use of only electronic machines for weighing of produce, Restriction on transfer of rights, title ownership or possession for the firm, Recover loans only thru sale proceeds of the produce rather than by way of sale or mortgage or lease of the land, Make firms to share windfall gains with farmers Rejection of the produce: Set independent quality standards, Allow parties to set their own standards or follow existing standards, Allow independent bodies to devise and check quality standards, identify a third party quality assayer, Establish mechanism to prevent fraud during quality inspection, Levy penalty on firm, Identify secondary market for the rejected part of the produce
Payment delay: Make payment through bank or electronic
clearance immediately after sale, Charge penal interest if payment is delayed beyond a point, Compulsory payment of 50% of amount at the time of delivery, and Advance payment. How to include small and marginal farmers in CF system?
Make them to engage with firms collectively
Promote FPOs/FPCs for the purpose of mobilising
S&M farmers and engaging with firms collectively Make use of local govts. & NGOs to guide the farmers to engage with firms Charge a small fee on the firms on contracted farm produce and use the proceeds to train farmers and run capacity building programmes How to prevent and/or resolve contract break?
Mandate that the party breaching the contract has to pay a
compensation or penalty Organise meetings involving both farmers and firms to discuss and resolve the various aspects of the contract. Write contract agreement in local language and in a manner clearly understandable to the farmer Mandate written contracts. Invalidate oral contracts Establish an independent Dispute Settlement Authority (so that the parties need not have to take the disputes to normal civil court). Give DSA power of civil court. Alternative Dispute Resolution (ADR) mechanisms Set up an official body to oversee the CF operations Other Suggestions Avoid direct govt. involvement (e.g. Punjab)