Amendment status not verified — confirm the current text below against the official source.
Definitions. In this Act. unless there is anything repugnant in the subject or context 1)'Ad-hoc buyer" means a buyer registered under Section 85 of this Act; 2)"Agrieulturat produce" means all produce and commodities, whether processed or unprocessed, of agriculture, horticulture. apiculture. sericulture, livestock, including products of livestock like fleeces (raw wool), skins of animals etc., as well as forest products excluding trees grown on private land, as are specified in the schedule or declared by the Government. by notification, from time to time and further includes combination of two or more such produce or commodities. 3)"Agriculturisi" means a person who is an indigenous resident of the notified area who is engaged in production of agricultural produce. by himself or by hired labour or otherwise, including a tenant engaged in agricultural production; "Agriculturist" also includes association of farmers, by whatever name called, registered tinder any law for the time being in force and is engaged in aggregation of member t'armers produce including livestock; 15, May, 2020 The Nagaland Gazette, Part- V 7 Explanation: If a question arises as to whether any person is an agriculturist or not. for the purpose of this Act. the decision of the Deputy Commissioner shall be final. Further, the expressions of land holder and tenant shall have the meaning assigned to them in the respective Land Reforms Act of The State. 4rAct" means NAPLM(P&F) Act. 2017" 5) Assaying lab" means a laboratory set up. as prescribed in the RulesiBye-lawslguidelinesJ instructions, for testing of quality parameters as per the tradable parameters or grade-standards or any other parameters notified by the competent authority; 6) "Board" means the Nagaland State Agricultural Produce and Livestock Marketing Board established under Section 96 of this Act. 7) "Business" means purchase, sale, processing, value addition, storage, transportation and all connected activities relating to agricultural and livestock produce. 8) "Buyer" means a person or a firm or a company or a cooperative Society or a Government Agency or a public undertaking or a Corporation or a commission agent, or a combination of more than one of these bodies, who himself or on behalf of any other person or agent, buys or agrees to buy agricultural and livestock produce as notified. 9) 'Bye-laws" means, subject to any Rules made by State Government under this Act, the bye- laws which the Market Committee may. in respect of principal market yard and submarket yard(s) or market sub-yard(s) tinder its management, make for the regulation of business and conditions of trading therein"; 10)' Cold storage in relation to market yard means cold storage declared as market sub-yard under Section 15 of this Act;. I 1)'Comm.ission agent" means a person who buys or sells agricultural produce including livestock on behalf of his principal, or facilitates buying and selling at primary and other level of transaction, on c-platform or any other mode of transaction and activities ancillary thereto keeps it in custody and controls it during the process of its sale or purchase, and collects payment thereof, if required, from the buyer and pays it to the seller, and receives by way of remuneration a commission or percentage upon the amount involved in such transaction; I 2Dcpu1y Commissioner" means the Deputy Commissioner of the District or any Officer empowered to discharge the duties of the Deputy Commissioner under the provision of this Act. I 3)"Dclincated Market Area" means a geographical area notified under Section 5 for the purpose of election of the Members of Market Committee and undertaking marketing related development therein; 14)"Direct marketing" In relation to agricultural produce, means direct wholesale purchase of agricultural produce from the farmers by the processors. ex-loaderfun-loaders, bulk buyers, etc. outside the principal market yard, sub-market yard, private market yard and market sub-yard under Section 16 of this Act 15)'Electronic trading" means trading of notified agricultural produce including livestock in Which registration, auctioning, billing, booking, contracting, negotiating, information exchanging, record keeping and other connected activities are done electronically on computer network! internet; 8 The Nagaland Gazette, Part-V 15, May, 2020 16) "Electronic trading platform" means electronic platform setup either by State Government or its agencies or a person licensed under Section 59 for conducting trading in notified agricultural produce including livestock through electronic media or by any means of communication in which registration, buying and sellina, billing, booking, contracting and negotiating are carried out online through computer network/internet or any other such electronic device: 17) "Export" means dispatch of agricultural produce to a place outside India under the laws in force. 18) "Exporter" means a person or a firm who or which exports agricultural produce. 19) 'Import" means bringing agricultural produce from outside to a place in Nagaland under the laws in force. 20) "Importer' means a person or a firm who or which imports agricultural produce from outside. 21) "Farmer-Consumer Market Yard" means market yard established under Section 14 of this Act; 22) "Farmer-Producer Company (FPC)' means a company of farmer-producer members as defined in Section IXA of the Indian Companies Act.] 956, including any amendments thereto re-enactment thereof and incorporated with the Registrar of Companies; 23) "Government" means the State Government: 24) "Governnaent/Administration Agency" means State Agriculture DcpaflrnentlDirectorate. Nagaland State Agricultural Marketing Board (NSAMB). Agricultural Produce and Livestock Market Committee (APLMC) established or constituted under this Act; 25) "Licence" means licence granted under the provisions of this Act; 26) "Licensee" means a person holding a licence issued under the provisions of this Act; 27) "Livestock" means mithun, cows, buiThlocs , bullocks. hulls, goats and sheep, and includes poultry, fish and such other animals, and products thereof, specified in the schedule; 28) "Managing Director" means Managing Director of the State Agricultural Produce and Livestock Marketing Board appointed by the State Government, to exercise and/or perform such of'ihe powers and functions ofthe Managing Director or ChiefAdministrator orAdminislr8tor or Chief Executive Officer or ex-officio Secretary, or by whatever name it is called, of the State Agricultural Produce and Livestock Marketing Board; 29) "Market" means a market established under section 5 of this Act, which includes market area, market yards and sub-market yards and market committee, 30) "Market area" means area notified under Section 5 of this Act. .3 1) 'Market charges" mean and include charges on account of or in respect of. commission. weighing, measuring, loading and unloading and carrying, cleaning, drying, sieving, stitching. stacking, hiring of bags. stamping. bagging, storing, warehousing, grading, surveying, transporting. processing and other activities directly or indirectly connected to the purposes of this Act. 32) "Market Committee" means the Agricultural Produce and Livestock Market Committee established under the provisions of this Act or established under existing regulation. 33)"Marketing" means all activities involved in the flow of the agricultural produce from the production point commencing from the stage of harvest till these reach the ultimate consumers viz, grading, processing. storage, transport, channels of distribution:and all other functions involved in the process. 15, May, 2020 The Nagaland Gazette, Part- V 9 34)"Sub-market yard" means relation to a market, area means a specified place other than market yard and includes any enclosure, building or locality, declared as such in any market area by the State Government or NSAMB by notification. 33)"Market Sub-Yard" means warehousei silos/ cold storage or other such structure or place declared to be market sub-yard or deemed to be market yard under Section 15: 36"Market Yard" in rdiiun to delineated market area includes principal market yard, sub market yard and market sub-yard in such delineated market area notified by the Government, and managed & operated by the Agricultural Produce and Livestock Market Committee; 37rNlarket Yard of National importance" means a market yard as notified under Section 12 of this Act; 38rNational Agriculture Market (NAM)" means an integrated market, without prejudice to any law for the time being in force, where buying and selling of notified agricultural produce including livestock and activities incidental thereto are carried out in India possessing marketing utility across time and space"; 39)"Notificd Agricultural Produce and Livestock" means agricultural produce and livestock. specified in the schedule of this Act; 40Over trading" in relation to a trader means the amount exceeding the value of the agricultural produce including livestock purchased at any point of time vis-à-vis to the amount of security deposited with or the bank guarantee he has ftirnished to the Market Committee; 41)'Person' includes individual, a co-operative society, a company or firm or an association or a body of individuals, whether incorporated or not; 42rretty Trader" in relation to agricultural produce means a non licensee trader under this Act who carries on purchasing or selling of notified agricultural produce in the quantity not exceeding of such quantity as specified in this Act and notified by the State Government as retail 43YPrescribed" means prescribed by Rules and/or Bye-laws made under this Act: 44)4i Private market yard" means such place other than the market yard/sub-market yard in the market urea where infrastructure has been developed and managed by a person for marketing of notified agriculture produce holding a license for this purpose under Section 13 of this Act. 45)4'Processing" means any one or more of a series of treatments relating to powdering, crushing. deco.rticating, dehusking. polishing, pressing. curing, or any other manual, mechanical, chemical. or physical treatment to which raw agricultural produce or its product is subjected to. 46)'Processing Unit" in relation to Market Yard means processing unit declared as market sub- yard under Section 15 of this Act; 47rProccssor" in relation to agriculture produce means a person that undertakes processing of any notified agricultural produce on his own accord or on payment of a charge; 48)"Registration" means registration made under this Act for the purpose as Specified: 49Regulatioa" means regulation made by the Board under Section 110 in accordance with the provisions of this Act; 50'ketai1 Sale" in relation to a notified agricultural produce means, a sale not exceeding such quantity as specified in this Act and notified by the State Government; 10 The Nagaland Gazette, Part-V 15, May, 2020 51)'Revolving Marketing Development Fund" means a non lapsable Fund maintained by Managing Director under Section 120(1) of this Act; 52)'.RuIe" means a rule made under this Act by the State Government. 53)Secreta" means, the Executive Officer of the Market Committee appointed under Section 54 of this Act. 54)"Seller" means a person who sells or agrees to sell agricultural produce including livestock for consideration of price; 55ySchedule" means the Schedule appended to this Act; 56)'Silo' means silo declared as market sub-yard under Section 15 of this Act; 57ySpccial Commodity Market Yard" means a market yard as notified under Section II of this Act: 58yState" means a State as specified in 1st Schedule of the Constitution of India; 59yTrader" means, a person who buys notified agricultural produce including livestock either for himself or as an agent of one or more persons for the purpose of selling, processing, manufacturing or for any other purpose, as the case maybe, except for the purpose of domestic consumption 60)'7ransportation" means conveying agricultural produce by a vehicle drawn by man, animal or any other power from one place to another in the course of its marketing. 61y"Transloader/unloader means a person or a firm who or which transports the agricultural produce. 62)" Value addition" means any activity performed like processing, grading, packaging etc. ,in relation to a agricultural produce by which the market value of the produce is increased; and 63)"Year" means the year as may be notified by the Government from lime to time, 64)%Varetwuse" in relatiumi to Market Yard means warehouse declared as marker sub-yard under Section 15 of this Act. 15, May, 2020 The Nagaland Gazette, Part- V 11 CHAFFER-IL: ESTABLISHMENT OF MARKETS