Amendment status not verified — confirm the current text below against the official source.
In this Act, unless there is anything repugnant in the subject or context : 1 [(a) "agricultural produce" means such items of produce of agriculture, horticulture, viticulture, apiculture, sericulture, pisciculture, animal husbandry or forest as are specified in the Schedule, and includes admixture of two or more of such items, and also includes any such item in processed form, and further includes gur, rab, shakkar, khandsari and jiggery ; ] 2 [(a-1) "Board" means the State Agricultural Produce Markets Board constituted under section 26-A 3 ;] (b) "Broker" or "Dalal" means a person who, in the ordinary course of business, negotiates or arranges contracts for the purchase or sale of agricultural produce, on behalf of his, principal on payment of commission or remuneration, whether in cash or kind, but does not include the servant of such principal whether engaged in negotiating or arranging such contracts ; (c) "bye-laws" means by-laws made in accordance with the provisions of section 39 ; (d) "Central Warehousing Corporation" means the Central Warehousing Corporation established or deemed to be established under the warehousing Corporations Act, 1962 ; 4 [(d-1) [Collector], in relation to a Committee for a Market area means the Collector of the District where the Principal Market Yard of that Market Area is situated, and includes such other officer as may be authorized by him in that behalf ; ] 5 [(d-2) "Cold Storage" in relation to market yard means cold storage declared as market sub-yard under section 7-A of this Act ;] (e) "commission agent" or "Aarhatiya" means a person who, in the ordinary course of business, makes or offers to make, a purchase or sale of agricultural produce, on behalf of the owner or seller or purchaser of agricultural produce, for Arhat or commission ; (f) "Committee" means a Committee constituted under this Act ; 6 [(ff) "User Charges" means the amount paid in consideration of material or service.] (g) "Co-operative Marketing Society" means a co-operative society of producers 7 [registered or deemed to be registered under the Uttar Pradesh Co-operative Societies Act, 1965] which has, as its principal object, the promotion of sale or purchase of agricultural produce ; (h) "Director" means an officer appointed by the State Government as Director of Mandis and includes any other officer authorized by the Director to perform all or any of his functions under this Act ; 8 [(h-1) "Director Agricultural Marketing" means an officer, appointed by the State Government as Director Agricultural Marketing, to perform the powers and functions of the Director of Agricultural Marketing under this Act ; (h-1a) "Direct Marketing" in relation to specified agricultural produce, means direct wholesale purchase of specified agricultural produce from the farmers by the processors, exporters, bulk buyers, etc. outside the principal market yard, sub-market yard, private market yard and market sub-yard ; (h-1b) "Farmer Producer Organisation (FPO)" means an association of farmers, by whatever name/form it is called/exists, registered under any law for the time being in force, which is to mobilize farmers and build their capacity to collectively leverage their production and marketing strength.] 9 [ (h-2) "Export" means export of specified agricultural produce outside India by a licensee.] 10 [(h-3) "e-trading" means trading in which billing, billing, contracting, negotiating, information exchange, record keeping and other connected activities are done electronically on computer network/internet ;] (i) "licensee" means a person who is granted a licence under this Act ; (j) "Local Body" means a 11 [Municipal Corporation], 10 [Municipal Council], Notified Area Committee, Town Area Committee, Antarim Zila Parishad, Zila Parishad or a 10 [Gram Panchayat] constituted or established under any enactment in force in Uttar Pradesh ; (k) "Market Area" means an area notified as such under section 6, or as modified under section 8 ; 12 [(k-1) "Main Market Committee" means the Mandi Samiti which is authorized to issue a unified license ;] 13 [(k-2) "Market sub-yard" means warehouse/silos/cold storage or other such structure or place declared to be market sub-yard under section 7-A of this Act.] (l) "member" means a member of the Committee ; 14 [(l-1) "Other Backward Classes of citizens", means the backward classes of citizen specified in schedule 1 of the Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Class) Act, 1994] (m) "Palledar" means a labourer engaged for "Daramaking", loading, unloading, filling, emptying or carrying any agricultural produce ; 15 [(m-1) "Person" includes individual, a co-operative society, Hindu Undivided Family, a company or firm or an association or a body of individuals, whether incorporated or not.] (n) "prescribed" means prescribed by rules made under this Act ; (o) "Principal Market Yard" means the portion of a Market Area, declared as such under section 7 ; 16 [(o-1) "Processing" means any one or more of a series of treatments relating to powdering, crushing, decorticating, dehusking, parboiling, polishing, ginning, pressing, occurring or any other manual, mechanical, chemical or physical treatment to which raw agricultural produce or its product is subjected to but shall not mean more cleaning, washing grading and packaging and other like activities;] 17 [(o-2) "Private Market Yard" means such place other than Principal Market Yard, Sub-Market Yard and Market-Sub Yard in the market area, where infrastructure has been developed and managed by a person for marketing of agricultural produce, holding a license for this purpose under this Act ; (o-3) "Processor" in relation to agriculture produce means a person how under takes processing of any notified agricultural produce on his own accord or on payment of a charge.] (p) "producer" means a person who, whether by himself or through hired labour, produces, rears ro catches, any agricultural produce, not being a producer who also works as a trader, broker or Dalal, commission agent or Aarhatiya or who is otherwise ordinarily engaged in the business of storage of agricultural produce ; Provided that if a question arises as to whether any person is a producer or not for the purposes of this Act, the decision of the Director, made after an enquiry conducted in such manner as may be prescribed, shall be final. (q) "purchase" includes barter or receipt of goods by way of pledge or as security for the amount advanced ; [(q-1) 18 "Regulations" means regulations made by the Board in accordance with the provisions of section 26-X ;] 19 20 [ (q-2) "retail sale" in relation to any specified agricultural produce means sale of that produce, not exceeding such quantity, as a market committee may specify in its bye-laws to be the limit of retail sale ;] (r) "sale" includes barter or deposit of goods by way of pledge or as security for the amount received as advance ; (s) "Secretary" means the person appointed as such under section 23 ; 21 [(s-1) "Silo" means silo declared as market sub-yard under section 7-A of this Act ; (s-2) "Special Commodity Market Yard" means a market yard as notified under section 7-C of this Act.] (t) "specified agricultural produce" means a agricultural produce specified in the notification under section 6 or as modified under section 8 ; 22 [ (t-1) "State" means a State as specified in 1st Schedule of the Constitution of India.] (u) "State Government" means the Government of Uttar Pradesh ; (v) "State Warehousing Corporation" means the State Warehousing Corporation for Uttar Pradesh established or deemed to be established under the Warehousing Corporation Act, 1962 ; (w) "Sub-Market Yard" means a portion of a Market Area, declared as such under section 7 ; 23 [(x) "trade-charge" means any charge, by whatever name called, which is realized or may be realized by, or may be payable to, a trader in respect of any transaction of sale or purchase of any specified agricultural produce under or purporting to be under any custom or usage of trade, or otherwise ; Explanation Every deduction other than a deduction made on account of deviation from sample when the purchase is made by sample, or on account of deviation from standard when the purchase is made by reference to a known standard, or on account of difference between actual and the standard weight or measure shall be deemed as a trade charge.] (y) "trader" means a person who in the ordinary course of business is engaged in buying or selling agricultural produce as a principal or as a duly authorized agent of one or more principals and includes a person, engaged in processing of agricultural produce ; 24 [(y-1) "Unified License" means a license granted under section 9-A.] 25 [(aa) "village" shall have the same meaning as in the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950.] 26 [(aa-1) "Warehouse" in relation to market yard means warehouse declared as market sub-yard under section 7-A of this Act.] (bb) "weighman" means a person who, in the ordinary course of business, is engaged in weighing of agricultural produce in connection with a transaction of sale or purchase thereof ; (cc) "weighing or measuring instrument" means a weighing instrument or a measuring instrument as defined in the Uttar Pradesh Weights and Measures (Enforcement) Act, 1959 ; (dd) "weight or measure" means commercial weight or measure or a standard weight or measure, as defined in the measure or a standard weight or measure, as defined in the U. P. Weights and Measures (Enforcement) Act, 1959 ; 27 [(ee) "whole-sale transaction" in relation to any specified agricultural produce means sale and purchase of that produce exceeding such quantity as a market committee may specify in its bye-laws to be the limit of retail sale.] 28 [(ff) ‘"User charges’", means the amount paid in consideration of material or science.]