Amendment status not verified — confirm the current text below against the official source.
In this Act, unless the context otherwise requires :- (i) Agricultural Produce means all produce and commodities, whether processed or unprocessed, of agriculture, horticulture, floriculture, viticulture, apiculture, sericulture, pisciculture, animal husbandry, forest produce, as are specified in the Schedule or declared by the State Government, by notification, from time to time and includes admixture of two or more of such products, processed in form and further includes Gur, Rab, Shakkar, Khandsari and Jaggery; (ii) Agriculturist or Producer means a person, who, by his own labour or by the labour of any member of his family or by the labour of hired labour or otherwise, is engaged in the production and growth of agricultural produce, but it does not include any market functionary like a trader, broker (dalal), commission agent (arhatiya) or who is otherwise ordinarily engaged in the business of storage of agricultural produce; (iii) Bill means bill issued by the trader, commission agent or arhatiya, as may be prescribed; (iv) Board means the Uttarakhand State Agricultural Marketing Board, established under section 47 of this Act; (v) Business means purchase, sale, processing, storage, transportation or connected activities of agricultural produce; (vi) Buyer (Purchaser) means a person, group of person, firm or company or co-operative society or Government agency, corporation, trader, commission agent or arhatiya, who, himself or on behalf of any other person or agent, buys or agrees to buy agricultural produce in the Market Area, as notified under this Act; (vii) Bye-laws means the Bye-laws made by Agriculture Produce Marketing Committee, under the provisions of this Act; (viii) Central Warehousing Corporation means the Central Warehousing Corporation, established or deemed to be established under the Warehousing Corporation Act, 1962 (Act No. 58, 1962); (ix) Chief Executive Officer means a person, appointed as such under subsection (2) of section 36 of the Act, by Agriculture Produce Marketing Committee. (x) Collector means the Collector of the District, where the Principal Market Yard of the Market Area is located, and includes such other officer, as may be authorized by him in that behalf; (xi) Commissioner means, the Commissioner of such administrative division of the State, where the Principal Market Yard of the Market Area is located;. (xii) Commission Agent, dalal or arhatiya means a person, who, in the ordinary course of business, negotiates or arrange contracts for the purchase or sale of the agricultural produce, on behalf of his principal, on payment of his commission or remuneration, whether in cash or kind, but it does not include the servant of such principal, whether engaged in negotiating or arranging such contracts; (xiii) Committee means the Agricultural Produce Marketing Committee, constituted under this Act; (xiv) Contract Farming means farming by a person, who shall be called Contract Farming Producer, on his land under a written agreement with another person called Contract Farming Sponsor to the effect that his farm produce shall be purchased as specified in the agreement; Explanation- (a) Contract Farming Producer means an individual agriculturists, or an association of agriculturists, by whatever name called, registered under any law for the time being in force; (b) Contract Farming Sponsor means a person, firm, company, group of persons or a body, by whatever name called, registered under any law for the time being in force; (xv) Contract Farming Agreement means the written agreement, made for contract farming between Contract Farming Sponsor and contract farming producer; (xvi) Co-operative Marketing Society means a Co-operative Society of producers, registered under the Uttaranchal Co-operative Societies Act, 2003 (Uttaranchal Act No. 5 of 2003), which has, as its principal objects, the promotion of sale or purchase of agricultural produce; (xvii) Nomination means a person, appointed/nominated by the State Government in this behalf by general or special order; (xviii) Export means dispatch of agricultural produce outside India; (xix) Exporter means any such person or firm, who exports agricultural produce. (xx) First Arrival means such notified agricultural produce, which reaches Market Area for sale, storage or transaction, upon which no market fee has been paid, even if it has been brought to that Market Area from any other Market Yard or Market Area or State or India; (xxi) Import means bringing agricultural produce from outside India; (xxii) Importer means such person or firm,who imports agricultural produce from outside India; (xxiii) Licence means license granted under this Act; (xxiv) Licensee means a person, association, firm, company, public sector undertaking or society, to whom a license has been granted under this Act; (xxv) Local Body means a Nagar Nigam, Nagar Palika Parishad, Cantonment Board, Nagar Panchayat, Zila Panchayat and Gram Panchayat, constituted or established under any enactment in force in Uttarakhand; (xxvi) Managing Director means an officer, appointed by the State Government as Managing Director and includes any other officer authorized by the Board or Managing Director to perform all or any of his functions under this Act; (xxvii)Marketing means all activities involved in the flow of agricultural produce from the production point till they reach the consumer viz. grading, processing, storage, transport, channels of distribution and all other functions involved in the process; (xxviii) Market Area means any area notified as such under section 10 or modified under section 11 of this Act; (xxix) Market Charges includes charges on account or in respect of commission, brokerage, weighing, measuring, hammali (loading, unloading and carrying) cleaning, drying, sieving, stitching, stacking, hiring, filling up of gunny bags, stamping, bagging, storing, warehousing, grading, surveying, transporting and processing and also include 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; (xxx) Market Functionary means a trader, a commission agent, processor, a stockist and such other person, as may be declared under this Act or the rules or bye-laws made there under to be a Market Functionary; (xxxi) Member means a member of the Marketing Committee; (xxxii) Other Backward Classes means the scheduled citizens, mentioned in the schedule '1' of the Uttar Pradesh Lok Seva (Reservation for Scheduled, Castes, Scheduled Tribes and Other Backward Classes) Act, 1994 (as applicable to the State of Uttarakhand); (xxxiii) Palledar means a labourer, engaged for dara-making, loading, unloading, filling, emptying or carrying any agricultural produce; (xxxiv) Prescribed means prescribed by the rules made under this Act; (xxxv) Principal Market Yard means a portion of a market area, declared as such, under section 10 of this Act; (xxxvi) Private Market Yard means such place other than the market yard/sub market yard in the market area, where infrastructure has been developed and managed by a person, who holds a license for this purpose under this Act for marketing of a notified agricultural produce; (xxxvii) Processing means any one or more of a series of treatments relating to powdering, crushing, decorticating, husking, parboiling, polishing, ginning, pressing, curing or any other manual, mechanical, chemical or physical treatment to which raw agricultural produce or its product is subjected to; (xxxviii) Processor means a person, who undertakes processing of any notified agricultural produce on his own accord or on payment of a charge; (xxxix) Purchase includes barter or receipt of goods, by way of pledge or as security for the amount advanced; (xl) Registration means registration done under this Act; (xli) Regulation means regulation made by the Board, in accordance with the provisions of this Act; (xlii) Retail sale, in relation to any specified agricultural produce, means a 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; (xliii) Rules means rules made under this Act by the State Government; (xliv) Sale means and includes barter or deposit of goods, by way of pledge or as security, for the amount received as advance; (xlv) Scheduled Caste and Scheduled Tribes shall carry the same meaning as assigned to them under clause (24) and (25) respectively of Article 366 of the Constitution of India; (xlvi) Second Arrival means such agricultural produce, which has been brought to any Market Area after the first transaction or sale from any other Market Area; (xlvii) Seller means a person or an agent, who sells or agrees to sell any agricultural produce; (xlviii) Specified Agricultural Produce means agricultural produce specified in the notification under section 4 or as modified under section 12 of this Act; (xlix) State Government means the State Government of Uttarakhand; (l) State Warehousing Corporation means the State Warehousing Corporation of Uttarakhand; (li) Sub market Yard means a portion of a Market Area, declared as such under section 11 of this Act; (lii) Trader means a person, who, in the ordinary course of business, is engaged in buying or selling agricultural produce and includes a person, engaged in processing of agricultural produce but agriculturist is not included therein; (liii) Transportation means taking agriculture produce by pushcart, bullock cart, tractor, truck or other vehicle in course of business for marketing from one place to another; (liv) Transporter means a person, who transports agricultural produce; (lv) Value Addition means processing, grading, packing, or other activities due to which value is added to the agricultural produce; (lvi) Village shall have the same meaning as assigned in the Uttar Pradesh Zamindari Abolition and Land reforms Act, 1951 (Uttar Pradesh Act No. 01 of 1951) (as applicable in the State of Uttarakhand); (lvii) Weighing or Measuring Instrument means a weighing instrument or measuring instrument, as defined in the Uttar Pradesh Weights and Measures, (Enforcement) Act, 1959 (Uttar Pradesh Act No. 05 of 1959) (as applicable to the State of Uttarakhand); (lviii) 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; (lix) Weights or Measures means commercial weights or measures or a standard weight or measure, as defined in the Uttar Pradesh Weights and Measures (Enforcement) Act, 1959 (as applicable to the Stae of Uttarakhand); (lx) 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; (lxi) Zila Panchayat means the Zila Panchayat of the District, in whose jurisdiction the Principal Market Yard is located.