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[Cites 0, Cited by 22] [Entire Act]

State of Bihar - Section

Section 2 in The Bihar Agricultural Produce Markets Act, 1960

2. Definitions.

(1)in this Act, unless there is anything repugnant in the subject or context,-
(a)"agricultural produce" includes all produce, whether processed or non-processed of agriculture, horticulture, animal husbandry and forest specified in the Schedule:
(b)"agriculturist" means a person who ordinarily by himself or by his tenants or hired labour or otherwise, is engage in the production or growth of agricultural produce, but does not include a trader or broker in agricultural produce notwithstanding that such trader or broker is also engaged in the production or growth of agricultural produce;
(c)"broker" means an agent whose ordinary course of business is to negotiate and make contracts on payment of commission for the purchase or sale of agricultural produce on behalf of his principal, but does not include the servant of such principal whether engaged in negotiating or making such contracts:
(d)"bye-laws" means by-laws made under section 53:
(e)"commission agent" means a person who on behalf of another person and in consideration of "adat" or commission makes or offers to make a purchase or sale of agricultural produce or does or offers to do anything necessary for completing and carrying out such purchase or sale:
(ee)"Chief Commission" means the Chief Commissioner of Manipur:
(f)"Director" means the Deputy Commissioner, Manipur and includes any other officer appointed by the Chief Commissioner to discharge all or any or the functions of the Director under this Act:
(g)"Licensee" means a person or established under this Act for the market area and includes a market proper, a principal market yard and sub-market yard or yards, if any:
(i)"market area" means any area declared to be a market area under section 4:
(j)"market committee" means a committee established under section 6:
(k)"market proper" means any area within the market the market area including all lands, with the buildings thereon, within such distance of the principal or sub-market yard, as the Chief Commissioner may, by notification, declare to be a market proper under section 5:
(l)"measurer" means a person whose business it is to measure a consignment of agricultural produce for sale:
(m)"municipality" means any local area declared by or under the Assam Municipal Act, 1956 (Assam Act 15 of 1957), as extended to the Union territory of Manipur to be a municipality and includes a Town Committee constituted under section 335 of the said Act;
(n)"prescribed" means prescribed by rules:
(o)"principal market yard" mans any enclosure, building or locality within the market proper declared to be a principal market yard under section 5;
(p)"retail sale" means a sale of any agricultural produce not exceeding such quantity as may, by bye-law or rule, be fixed in respect of such agricultural produce;
(q)"rules" means rules made under section 52;
(r)"schedule" means a schedule to this Act;
(s)"Secretary" means the person appointed as such under sub-section (1) of section 20 and includes an officiating or acting Secretary:
(t)"sub-market yard" means any enclosure, building or locality within the market proper declared to be a sub-market yard under section 5;
(u)"surveyor" means a person whose business it is to survey a consignment of agricultural produce for sale in regard to quality, refraction, adulteration and such other purposes;
(v)"trade" means any kind of transaction of sale and purchase or any kind or remuneration on sale and purchase of any agricultural produce;
(w)"trader" means a person ordinarily engaged in the business of buying and selling agricultural produce as a principal or as a duly authorised agent of one or more principals and includes a person ordinarily engaged in the business or processing of agricultural produce;
Explanation. - The word "person" includes any firm, joint family, association or body of individuals whether incorporated or not; and
(x)"weighman" means a person whose business it is to weigh a consignment of agricultural produce for sale.
(2)If a question arises whether any person is or is not an agriculturist or a trader for the purposes of this Act, the decision of the Director on such question shall be final, provided that the Director shall give the said person a reasonable opportunity of being heard before giving his decision.