Amendment status not verified — confirm the current text below against the official source.
In this Act, unless the context otherwise requires: (1) “Marketing” means buying and selling of agricultural produce and includes grading, processing, storage, transport, channels of distribution, and any other function associated with the buying and selling. (2) “Agricultural produce” means all produce and commodities, whether processed or unprocessed of agricultural, horticulture, sericulture, forest produce, hides and animal skins, bristle, animal husbandry, viticulture, apiculture, piscieulture or as specified in the schedule or declared by the Government by notification and also includes admixture of two or more of such produce. (3) “Agriculturist” means a person who ordinarily by his own labour or by the labour of any member of his family or who by the labour of his tenants or by servants or hired labour or otherwise is engaged in the production or growth of agricultural produce, but does not include trader, commission agent, processor or broker or a partner in the trading firm or Industrial concern in or in relation to Agricultural Produce. If a question arises whether any person is an agriculturist or not for the purpose of this Act, the decision of the Deputy Commissioner of the District in which such person is engaged in the production or growth of agricultural produce shall be final. (4) “Market Functionary” means a dealer, a broker, a commission agent, buyer, porter, processor, a stockist, a trader and such other person as may be declared under rules or by-laws to be market functionary. (5) “Broker” means an agent who, in consideration of a commission merely negotiates and brings about a contract for his principal, but does not receive, deliver, transport, pay for the purchase of or collect the payment for the sale of the notified agricultural produce. (6) “Buyer” (purchaser) means a person, a firm, a Company or Co-operative society or of Government Agency, public Undertaking/Public Agency or Corporation, Commission Agent, who himself or on behalf of any person or agent buys or agrees to buy agricultural produce in the market areas as notified under this Act. (7) “Commission Agent” means a person who, in the ordinary course of business, makes or offers to make purchase or sale of agricultural produce, on behalf of the seller or purchaser of agricultural produce within or cut side the market area or keeps it in his custody and controls it during the process of its sate or purchase and collects payment thereof for a commission or Arhat. (8) “Seller” means a person who soils or agrees to sell any agricultural produce and includes a person who sells on behalf of any other person as his agent or servant or commission agent. (9) “Trader” means any person who in his normal course carries on the business of buying or selling, storing or processing of any notified agricultural produce as a principal or as a duly authorized agent. (l0) “Porter” means a laborer, hamal or coollie or engaged for Dara-making loading, unloading, filling, stitching, emptying or carrying any agricultural produce in the notified marker area. (11) “Director” means a person appointed by the State Government by notification, as Director or agricultural Marketing and includes any officer or officers empowered by the State Government hr notification, to exercise or perform such of the powers for functions of the Director under the purchase of this Act or the Rules or the Bye-laws made thereunder as may be specified in such notification. (12) “License” means a license granted under this Act. (13) “License” means a person or association, firm, company, Public Sector Undertaking or Society holding a license issued under this Act. (14) “Local Authority” means for the purpose of representation on the market committee in relation to an area within the local limits of (i) In any Municipal area, Town Committee or the notified Committee or local Authority for the area (ii) In any rural area, the Village Council, or Area Council or any other named constituted under Nagaland Village & Area Council Act, 1978. (15) “Market Area” means area notified under Section 4 of this Act. (16) “Market Proper” means any area including all lands with the buildings and structures. thereon within such distance of the principal or sub-market Yard as the State Government may, by a notification, declare it to the Market Proper. (17) “Principal Market Yard” in relation to a Market area means a specified place and includes any enclosures, buildings or locality declared as such in any market area by the State Government or the Director by notification. (18) “Sub-Market Yard” in relation to a Market area means a specified place and includes any enclosures, building or locality declared as such in any market area by the State Government by notification. (19) “Notified Agricultural Produce” means any agricultural produce notified under Section 4 of this Act. (20) “Processing” means prescribed by Rules made under this Act. (21) “Prescribed” means any one or more of a series of treatments relating to powdering, crushing, decorticating, husking, parboiling, polishing, grinding, pressing, curing or any other manual mechanical, chemical or physical treatment to which raw agricultural product is subjected to. (22) “Processing” means a person who processes any notified agricultural produce on his own accord or on payment of a charge. (23) “Regulation” means regulation made by the Board or Market Committee in accordance with the provisions of this Act. (24) “Board” means the State Agricultural Marketing Board established under Section 51 of this Act. (25) “Market Committees” means the Agricultural Produce Market Committee established under this Act. (26) “Secretary” means the Secretary of Market Committee and includes any other officer who is the Chief Executive Officer of the Market Committee. (27) “Rules” means rules made under this Act. (28) “Bye-laws” means bye-laws made under rules framed under this Act. (29) “Trade allowances” means anything realised in cash or in kind by the purchaser from seller in any transaction relating to agricultural produce, either by deduction from the price agreed upon or otherwise. (30) “Retail Sale” in relation to a notified agricultural produce means a sale not exceeding such quantity as the market committee may, by bye-laws, determine to be retail sale in respect thereof. (31) “Deputy Commissioner” means the Deputy Commissioner of the district and includes an Additional Deputy Commissioner. (32) “Market Charges” include charges on account or in respect of commission; brokerage, weighing measuring, hamali (loading, unloading and carrying, cleaning, seivng, stitching, stacking, hiring, gunny-hags, stamping, bagging, storing, warehousing, grading, surveying, transporting and processing. CHAPTER-II ESTABLISHMENT OF MARKETS Notification of intention of regulating marketing of notified agricultural produce in specific area.