Amendment status not verified — confirm the current text below against the official source.
ln this Act unless the context othen /ise requires - (i) "Horticultural Produce" means all produce and commodities whether processed or unprocessed, ol Horticulture produce as are specified in the Schedule to this Acl or declared by the Government of Arunachal Pradesh by notilication under section 19 ol this Act and also includes a mixture of two or more than two products. Short title, Extent and commence- ment. Definition 66 (ii) "Horticulture grower/Producer" means a person who is bonafide Arunachalee and possesses land in Arunachal Pradesh who is engaged in production of horticultural produce by himself/ herself or by hired labour or otherwise, but not include any market funclionary (iii) "Board" means Arunachal Pradesh Horticultural Produce l/arketing and Processing Board established under section 3 of this Act. (iv) "Business" means purchase, sale, processing, value addition, storage, transportation and connected to activities of Horticultural produce. (v) "Buyer" means a firm, a company or a Cooperative Society or Government agency, Public Undertaking/Public Agency or on behall of any other person or agent who buys or agrees to buy horticultural produce in the markel areas. (vi) "Bye-Laws" means the bye-laws made by the Board for the Committee under section of 78 of this Act. (vii) "Chairman" means Chairman of the Board. (viii) "Commission agent" means a person who on behalf of his principal trader and in consideration ol a commission or percentage on the amount involved in such transaction buys horticultural produces and makes payment, keeps it in his custody and delivers it to the principal trader in due course or who receives and lakes in his custody horticultural produce lor sale within the market areas or from oulside the market area and sells the same in the market area and collect payment thereof from the buyer and remits the sale proceeds to his principal trader. (ix) "Committee" means horticultural produce market committee established under section 29 ; (x) "Contract farming" means farming by a person called "contract farming producei'under a written agreement with another person called "contract farming sponsol,'to the effect that his larm produce shall be purchased as specified in the agreement; 67 Explanation : "Contract Farming Producef' means an individual horticultural growers or an association of growers by whatever name called registered under any law for the time being enforce. (xi) "Cooperative Society" means a Cooperative Society of producers registered under the provisions of the Arunachal Pradesh Cooperative SocietyAct 1979 which deals in the purchase, sale, processing, or storage of Horticultural produce or is otheMise engaged in the business of disposal of horticultural produce. (xii) "Export" means dispatch ol horticultural produce outside lndia. (xiii) "Exporter" means a person who exports horticultural produce. (xiv) "E-trading" means trading in which billing, booking, contracting, negotiating, informa- tion exchange, record keeping, and other connected activities are done electronically on computeri lnternet. (xv) "Labour" means, a person engaged in loading, unloading, lilling, stitch ing, emptying, carrying, cleaning, drying, grading, storing,stacking,bagging,stamping etc of any horticultural produce in the notified market area. (xvi) "lmport" means bringing horticultural produce from outside lndia. (xvii) "lmporters" means a person who imports horticultural produce from outside lndia. (xviii) "License" means license granted under section 25 ol the Act. (xix) 'Licensee" means a person or association, firm, company, public sector undertaking or soclety holding a license issued under this Act. (xx) "Market" means a market established under section 19 of this Act which includes market area, market yard/sub-yards and principal market. (xxi) (xxii) (xxiii) (xxiv) (xxv) (xxvi) (xxvii) (xxviii) (xxix) (xxx) 68 "Market area" means area notified under section 19 of this Act. "Market charges" includes on account ol or in respect of commission, brokerage, weighing, measuring, loading, unloading, or carrying, cleaning, drying, sieving, stitching, slacking. hiring. gunny bags. stamping. bagging, storing, warehousing, grading, surveying, transporting and processing. "l\rlarket functionaries" means a trader. a commission agent. buyer, processor, a stockiest, and any other person as may be declared by the State Government. "Market Yards" in relation to a market area means a specified place and includes any enclosures, buildings or locality declared as such in any market by the State Government by notification. "Member" means Member of the Board and including the Chairman ot the Board. "Marketing" means all activities involved in the flow of Horticul-tural produce tromthe production points commencing lrom the stage of harvest till they reach the ultimate consumers. viz, grading, p rocessing. storage, transport, channels ol distribution and all other tunctions involved in the process. "Notification" means notification issued under this Act and published in the official gazette. "Notilied horticultural produce" means any horticultural produce notified under section 19 ol this Act. "Person" means includes any individual, any company, or association whether corporate or not. "Producef'means a person who in his normal course ol avocation, grows, manufactures, rears or produces, as the case may be, (xxxi) (xxxii) (xxxiii) (xxxiv) (xxxv) (xxxvi) (xxxvii) (xxxviii) (xxxix) 69 horticultural produce personally, through or otherwise but not doesn't includes a person who work as trader or a brokers or who is partner of the company or firm of traders or brokers otherwise engaged in the business of disposal or storage of horticultural produce other than grown, manufactured, reared or by himself through tenants or othenvise. "Prescribed" means prescribed by rule made under this Act. "Processing" means any one or more of a series of treatments relating to powdering, crushing, decorticating, dehusking,parboi- ling. polishing. Ginning. pressing. curing. cleaning, or any other manual, lvlechani cal, chemical or physical treatments to the raw horticultural produce or its products is subjected to. "Processor" means a person who undertakes processing of any notified holticultural produce on his own accord or on payment of a charge. "Private market yard" means such place other than the market yard/sub-market yard in the notified market area where infrastruc- ture has been developed and managed by a person for making of notified horti- cultural produce holding a license for this purpose under this Act. "Registration" means registration done under this Act. "Regulation" means regulations made by the Board under section-7o of this Act. "Retail rate" means sale of horticultural produce not exceeding such amount as may be prescribed. "State Government" means the Govern- ment of Arunachal Pradesh. "Seller" a person who sells or agrees to sell any horticultural produce. (xxxx) (xxxxi) (xxxxii) (xxxxiii) (xxxxiv) (xxxxv) "Tradef'means a person who in his course of business buys or sells any notified horti- cultural produce and includes a person engaged in processing of horticultural produce but doesn't includes growers. "Transportation" means taking horticul- tural produce by push cart, bullock cart, truck other vehicle etc. in course of business for marketing from one place to another. "Transportea' means a person who trans port horticulturai produce. "Value addition" means processing, grad- ing, packaging or other activities due to which value is added to horticultural pro- duce. "Managing Directof' means any person appointed by the State Government for the purpose of this Act. "Secretary" means the Secretary otthe mar- ket committee and includes any other offic- ers empowered to exercise such powers and functions of the secretary. Establishment 3 of the Board. CHAPTER-II ESTABLISHMENT, CONSTITUTION, POWERS AND FUNCTIONS OF THE BOARD (1) The State Government may, by notification, for coordinating the activities of market and for developmenl, promotions, and regulation of horticultural produce marketing, establish the Arunachal Pradesh Horticu ltu ral Produce marketing and Processing Board. (2) The Board shall be a body corporate having perpetual succession and acommon sealand may sue and be sued in its corporate name and shall be competent to acquire and hold property both movable and immovable and to lease, sale or 70 71 otherwise transfer any such property aimed to contract and to do all other things necessary for the purpose which it is established.