(Adopted at the 6th meeting of the Standing Committee of the Tenth National People's Congress of the Ningxia Hui Autonomous Region on November 28, 2008)
Notice of the Standing Committee of the People's Congress of Ningxia Hui Autonomous Region
No. 55
The "Regulations on Promoting Agricultural Mechanization in Ningxia Hui Autonomous Region" was approved by the Standing Committee of the 10th People's Congress of Ningxia Hui Autonomous Region on November 28, 2008 and is hereby promulgated. It will come into effect on January 1, 2009.
Ningxia Hui Autonomous Region People's Congress Standing Committee
November 28, 2008
Ningxia Hui Autonomous Region Agricultural Mechanization Promotion Regulations
Chapter 1 General Provisions
Article 1 In order to encourage and support farmers and agricultural production and operation organizations to use advanced and applicable agricultural machinery, promote agricultural mechanization, and build modern agriculture, according to the "Law of the People's Republic of China on Promotion of Agricultural Mechanization" and relevant laws and administrative regulations, combined with the actual conditions in the autonomous region This Regulation is formulated.
Article 2 The term "agricultural mechanization" as used in these Regulations refers to the process of using advanced and applicable agricultural machinery to equip agriculture, improve the conditions for agricultural production and operation, and continuously raise the level of agricultural production technology and economic and ecological benefits.
The term "agricultural machinery" as used in these Regulations refers to the machinery and equipment used for agricultural activities such as agricultural production and initial processing of products.
Article 3 These Regulations shall apply to the scientific research, promotion, production, sales, use, maintenance, education, training and management activities of agricultural machinery in the administrative regions of the autonomous region.
Article 4 The people's government at or above the county level shall strengthen the leadership over the management of agricultural machinery, incorporate the promotion of agricultural mechanization into the national economic and social development plan, increase the investment in agricultural mechanization, encourage and support scientific research and production of agricultural machinery, and promote agricultural machinery. New equipment and new technologies will accelerate the transformation of scientific research achievements and improve the management and service system of agricultural mechanization.
Article 5 The competent administrative department of agricultural machinery of the people's government at or above the county level shall be responsible for the management of agricultural machinery and the promotion of agricultural mechanization in the administrative area.
The promotion mechanism for agricultural mechanization technology affiliated to the agricultural machinery administrative department of the people's government at or above the county level shall be responsible for the development and promotion of new machine tools and new technologies for agricultural machinery in the administrative area. The agricultural machinery appraisal and inspection agency is responsible for the test and appraisal of agricultural machinery within its administrative area.
Industrial and commercial administrative management, quality and technical supervision, safety production supervision and management, public security, transportation, forestry, water conservancy, agricultural reclamation, and other relevant departments and units shall, in accordance with their respective duties and responsibilities, do a good job in the promotion of agricultural mechanization.
Article 6 The people's governments at various levels shall guide and support the development of various forms of agricultural mechanization service organizations and do a good job in the promotion and service of agricultural machinery.
Chapter II Scientific Research Promotion
Article 7 The competent administrative department of agricultural machinery of the people's government at the county level or above shall organize the preparation of plans for the development of agricultural mechanization in this area and report it to the people's government at the same level for implementation.
Article 8 The people's governments at or above the county level shall establish demonstration bases for agricultural mechanization in different agricultural growing regions; encourage agricultural machinery producers, operators, and spreaders to establish agricultural machinery demonstration sites, carry out agricultural machinery suitability tests, demonstrations of advanced nature, and guide Farmers and agricultural production and operation organizations use advanced and applicable agricultural machinery.
Article 9 The promotion of new products and technologies for agricultural machinery shall be advanced, applicable, safe, and reliable. The promoters should be responsible for the promotion.
Article 10 The promotion of new products and technologies for agricultural machinery shall follow the procedures of introduction, testing, demonstration and promotion.
Article 11 The administrative department of agricultural machinery of the People's Government of the Autonomous Region shall, in conjunction with relevant departments, timely determine and publish the catalog of agricultural machinery products supported and promoted by the Autonomous Region in accordance with the Autonomous Mechanization Development Plan of the Autonomous Region. Products included in the catalog of agricultural machinery products supported and promoted by the Autonomous Region are voluntarily applied by agricultural machinery producers, and their appraisals of advanced nature, applicability, safety, and reliability are made through agricultural machinery appraisal agencies.
Chapter III Quality Assurance
Article 12 Producers and sellers of agricultural machinery shall be responsible for the quality of agricultural machinery products produced and sold by them.
It is forbidden to produce and sell counterfeit and inferior agricultural machinery products.
Article 13 Producers and sellers of agricultural machinery shall undertake after-sales services such as spare parts supply, training and consultation to ensure the quality of the products they sell.
Article 14 The quality standards for the production, maintenance and operation of agricultural machinery shall be subject to the implementation of national or industrial standards; where there are no national or industrial standards, local standards shall be implemented.
Article 15 Whoever engages in agricultural machinery maintenance and business activities shall meet the following conditions:
(1) Sites, equipment and testing instruments that are compatible with the maintenance business;
(2) Technical personnel who have obtained qualification certificates for professional skills in maintenance of agricultural machinery;
(3) Obtaining the corresponding category and grade certificates of technical maintenance of agricultural machinery;
(4) Processing industrial and commercial registration;
(5) Other conditions stipulated by laws and regulations.
Article 16 The following activities may not be carried out when engaged in maintenance of agricultural machinery:
(1) contract repair projects beyond the approved maintenance level or repair scope;
(2) Selling or using agricultural machinery repair parts that do not meet the national standards or the mandatory requirements of technical specifications;
(3) The use of repair parts, parts of scrap equipment or defective spare parts to modify and assemble agricultural machinery;
(4) using false pretenses, shoddy goods, passing unqualified agricultural machinery products as qualified, or using substandard fittings to repair farm implements;
(5) Contracting the maintenance business of scrapped agricultural machinery;
(6) Other acts prohibited by laws and regulations.
Article 17 The administrative department of agricultural machinery, the quality and technical supervision, and the administrative department for industry and commerce shall strengthen the supervision and management of the quality, maintenance quality, safety production and operation quality of agricultural machinery, and timely accept the quality, maintenance quality and safety of agricultural machinery products. Complaints about the quality of production and operations; complaints that do not fall within the scope of the duties of the department should be transferred to the department that has the authority to admit the complaint and inform the complainant.
Article 18 The administrative department of agricultural machinery of the people's government at or above the county level shall announce to the public the quality supervision telephones, supervision letter boxes or websites of agricultural machinery to facilitate complaints.
Article 19 The administrative department of agricultural machinery of the People's Government of the Autonomous Region shall establish a sound system for the investigation of the quality of agricultural machinery, regularly investigate the applicability, safety, reliability, and after-sales service of agricultural machinery products, and publish the survey results to the public.
The units and individuals under investigation shall cooperate with the quality investigation work, provide relevant information and information in a timely manner, and be responsible for their authenticity.
Chapter IV Social Services
Article 20 The people's governments at or above the county level shall encourage and guide the intensive production of agricultural machinery, cultivate and standardize the market for agricultural machinery sales, maintenance, and operations, support agricultural machinery cooperation organizations and specialized households, and increase the use of rural farming roads and agricultural machinery. Concentrated storage of infrastructure such as storage sheds and investment in social services.
Article 21 The agricultural machinery service organizations shall provide farmers, agricultural production and operation organizations with socialized services such as the demonstration and promotion of agricultural machinery, practical technical training, maintenance, information, and intermediary services.
Article 22 People's governments at and above the county level and their administrative departments for agricultural machinery shall establish and improve information networks for agricultural mechanization, provide free supply of agricultural machinery products to farmers and agricultural production and operation organizations, demand for operation markets, and promotion of new products and new technologies. Information services such as agricultural machinery management.
Article 23 The administrative department of agricultural machinery of the people's government at or above the county level shall encourage and support rural collective economic organizations and other units and individuals to establish various types of agricultural machinery service organizations and professional cooperative organizations, and to carry out socialized agricultural machinery services.
Agricultural machinery producers, operators, and maintainers can voluntarily establish agricultural mechanization cooperation organizations or industry associations to provide services for members and safeguard their legitimate rights and interests.
Article 24 The extension mechanism of agricultural mechanization technology affiliated to the administrative department of agricultural machinery of the people's government at or above the county level shall rely on a pilot demonstration base to provide free public-sector agricultural machinery technology promotion and consultation and training services for farmers and agricultural production and operation organizations. .
Article 25 Encourage the social investment to establish agricultural mechanization technology schools or training institutions. Agricultural mechanization technology schools or related training institutions shall carry out technical training services for agricultural machinery driving, operation, maintenance and management personnel.
Chapter V Support Measures
Article 26 People's governments at or above the county level shall arrange special funds for the purchase of farm machinery and subsidize agricultural machinery with advanced applications applicable to farmers and agricultural production and operation organizations for the purchase of support from countries and autonomous regions.
Article 27 The sale and retirement of large and medium-sized agricultural machinery purchased and purchased by the state shall be submitted for approval in accordance with regulations. The funds obtained from selling off or being discarded shall be used to purchase or update agricultural machinery and its equipment, and shall not be misappropriated.
The use of funds derived from the sale or retirement of large and medium-sized agricultural machinery owned by rural collective economic organizations shall be collectively decided by all members of the rural collective economic organization or the representative of the members.
Article 28 The administrative department of agricultural machinery of the people's government at or above the county level shall coordinate and manage the operations of agricultural machinery across administrative areas and support the operation of agricultural machinery across administrative regions.
Transportation, public security and other departments shall provide access and services for organizations and individuals engaged in operations of agricultural machinery across administrative regions.
Article 29 Encourage agricultural producers and operators to cooperate in the operation of agricultural machinery.
Farmers and agricultural machinery operation organizations may, in accordance with the principles of voluntary and equal consultation between the two parties, provide local and foreign farmers and agricultural production and operation organizations with various paid agricultural machinery operation services.
Article 30 No unit or individual may encroach on the assets, such as houses, venues, facilities, equipment, and implements of agricultural mechanization management agencies and service agencies.
Article 31 If a combine harvester that engages in cross-regional production operations within the administrative region of the autonomous region and a vehicle that transports the combine harvester or rice transplanter through a toll road, it shall be exempt from paying the vehicle toll.
Tractors engaged in field operations are exempt from road maintenance fees.
Article 32 The income from engaging in agricultural machinery production and operation services shall be given preferential taxation in accordance with relevant state regulations.
Chapter 6 Legal Liability
Article 33 Whoever violates the provisions of these Regulations and fails to appraise the agricultural machinery products promoted according to regulations shall be ordered by the administrative department of agricultural machinery of the People's Government of the autonomous region to stop the illegal activities, confiscate the illegal income, and impose a sum of more than 1,000 yuan and 5,000 yuan. The following fine.
Article 34 Whoever, in violation of the provisions of these Regulations, fails to obtain a certificate of maintenance technology for agricultural machinery and engages in maintenance operations of agricultural machinery, shall be ordered by the administrative department of agricultural machinery of the people's government at or above the county level to make corrections within a time limit; if it is not corrected within the time limit, or if the use is forged If the certificate of the maintenance technology for agricultural machinery is altered, a fine of less than RMB 1,000 shall be imposed.
Article 35 Whoever violates the provisions of these Regulations and commits any of the following acts shall be penalized by the administrative department of agricultural machinery of the people's government at or above the county level according to the following provisions:
(1) If the project that exceeds the scope of the contract for the maintenance project without technical ability is guaranteed, a fine of 200 to 500 yuan shall be imposed;
(2) A fine of not less than 5,000 yuan but not more than 30,000 yuan shall be imposed on the use of the parts of repair parts or scrap equipment to modify or assemble the entire agricultural machinery;
(3) The use of unqualified spare parts for the maintenance of farm implements or the contract for the maintenance of scrapped agricultural machinery shall be imposed on a fine of not less than one time but not more than three times the illegal gains.
Article 36 If anyone violates the provisions of these Regulations by withholding, embezzling, or misappropriating the relevant subsidy funds, the competent authority at a higher level shall order the return of the funds withheld, embezzled, or misappropriated within a time limit, confiscate the illegal gains, and be supervised by the superior competent authority or supervisory authority or The unit shall impose administrative sanctions on the directly responsible person in charge and other directly responsible personnel; if a crime is constituted, criminal responsibility shall be investigated according to law.
Article 37 Where any staff member of the administrative department of agricultural machinery or other administrative competent department neglects his duties, abuses his power or engages in malpractices for personal gains, he shall be given an administrative sanction by the unit to which he belongs or by the supervisory authority; where the case constitutes a crime, criminal responsibility shall be investigated according to law.
Article 38 Where disputes arise due to product quality, operation quality or maintenance quality, the parties concerned may settle the matter through consultation or mediation; they may also lodge a complaint with the administrative department of agricultural machinery, the quality and technical supervision department or the administrative department for industry and commerce, or File a lawsuit.
Article 39 Where the parties consider that the specific administrative acts of the relevant administrative agencies infringe upon their legitimate rights and interests, they may apply for administrative reconsideration according to law, or they may file a lawsuit in a people's court.
Chapter VII Supplementary Provisions
Article 40 This Regulation shall come into force on January 1, 2009. The "Ningxia Hui Autonomous Region Agricultural Machinery Management Regulations" passed at the 24th meeting of the Standing Committee of the Ninth People's Congress of Ningxia Hui Autonomous Region on March 28, 2002 was repealed at the same time.