Section 2 in Jharkhand Agricultural Produce Markets Act, 2000
2. Definitions.
(1)In this Act, unless there is anything repugnant in the subject or context-(a)[ "Agricultural produce" means all produce whether processed or non-processed, manufactured or not, of Agriculture, Horticulture, Plantation, Animal Husbandry, Forest, Sericulture. Pisciculture, and includes livestock or poultry as specified in the Schedule.] [Substituted by Act 60 of 1982.](b)"agriculturist" means a person who ordinarily by himself or by his tenants or hired labour or otherwise, is engaged 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;(bb)[ "Board" means the Jharkhand Agricultural Marketing Board established under Section 33A;] [Inserted by Act 60 of 1982.](c)[ "broker" means an agent who in consideration of a commission merely negotiates and brings about a contract for the purchase or sale of notified agricultural produce on behalf of 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;] [Substituted by Act 60 of 1982.](d)"bye-laws" means bye-laws made under section 53;(e)[ "commission agent" means a person who on behalf of his principal and in consideration of a commission or percentage upon the amount involved in each transaction keeps in his custody the agricultural produce of his principal and sells the same and holds himself liable to deliver it to the buyer and to make payment of its price to his principal;] [Substituted by Act 60 of 1982.](f)[ "Director" means the Director of Marketing of the Board and includes Regional Director or any other officer, appointed by the Board to discharge all or any of the functions of the Director under this Act, and such other officer duly notified by the Managing Director to discharge any one or all functions of the Director.] [Substituted by Act 60 of 1982.](g)"licensee" means a person or association, firm or company granted a licence under this Act;(h)[ "market" means a market established under this Act for the market area and includes, a principal market yard and sub-market yard or yards, if any;] [Inserted by Act 60 of 1982.](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 area including all lands, with the buildings thereon, within such distance of the principal or sub-market yard, as the Jharkhand Government may, by notification, declare to be a market proper under section 5;(ki)[ "Regional Director" means a Regional Director of Agriculture Marketing, appointed by the Board to discharge any one or all the functions of the Director under this Act and the Rules made thereunder and such other officer duly notified by the Managing, Director of the Board to discharge any one or all the functions of the Regional Director. [Inserted by Act 60 of 1982.](kii)"Assistant Director" means an Assistant Director of Agriculture Marketing appointed by the Board to discharge any one or all the functions of the Assistant Director under this Act and the Rules made thereunder and such other officer duly notified by the Managing Director of the Board to discharge any one or all the functions of the Assistant Director.(kiii)"Director Vigilance" means a Director Vigilance of Agriculture Marketing appointed by the Board to discharge all the functions of the Director Vigilance under this Act and the Rules made thereunder, and such other officer duly notified by the Managing Director of the Board to discharge any one or all the functions of the Director Vigilance,(kiv)"Deputy Director" means a Deputy Director of Agriculture Marketing appointed by the Board to discharge any one or all the functions of the Deputy Director or of the Assistant Director under this Act and the Rules made thereunder and such other officer, duly authorised by the Managing Director of the Board to discharge any one or all the functions of the Deputy Director.](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 [Jharkhand] [Substituted for 'Bihar and Orissa' by Notification No. 2755 dated 14.11.2002, published in Jharkhand Gazette (extra-ordinary) dated 30.11.2002 (adapting Bihar Municipal Act, 1922).] Municipal Act, 1922 (B. & O. Act VII of 1922), to be a municipality and includes a notified area committee appointed under section 389 (c) of the said Act, and a Municipal Corporation;(n)"prescribed" means prescribed by rules;(o)[ "principal market yard" means any enclosure, building or locality within the market area declared to be a principal marked yard under section 5;] [Substituted by Act 60 of 1982.](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;[(p-i) "Sale" means any transfer of property in goods for each or deferred payment or other valuable consideration and shall include transfer or acquisition of goods on hire purchase or under any other system in which payment of valuable considerations is made by instalment notwithstanding the fact that the seller retains title in goods as valuable security of payment of consideration or for any other reason. [Inserted by Act 60 of 1982.]Explanation. - Notwithstanding anything contained in any law for the time being in force sale shall be deemed to have taken place for the purpose of this Act within a market area where the goods are transferred from the Principal to his selling-agent or to the factor within the market area or out-side the market area.](q)"rules" means rules made under section 52;(r)"Schedule" means a schedule to this Act;(s)"Secretary" means the persons 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 of 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 commission agent or a person ordinarily engaged in the business of processing of agricultural produce;] [Substituted by Act 60 of 1982.]Explanation. - The word "person" includes any firm, joint family, association or body of individuals whether incorporated or not.(x)"weighman" means a person whose business it is to weigh a consignment of agricultural produce for sale :(y)[ "buyer or purchaser" means a person who buys or agrees to buy any agricultural produce and includes a person who buys or purchases on behalf of any other person as his agent or servant, or commissioned agent;] [Inserted by Act 60 of 1982.](z)[ "seller" means a person who sells 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; and] [Inserted by Act 60 of 1982.](zz)[ "processor" means a person who processes any agricultural produce, either on his own account, or on payment of charges.] [Inserted by Act 60 of 1982.](2)If a question arises whether any person is or is not an agriculturist or a trader for 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.
