Section 2 in Karnataka Agricultural Produce Marketing Act 1966
2. Definitions.
- In this Act unless the context otherwise requires,-(1)[ "Agricultural produce" means the produce or goods specified in the Schedule] [Substituted by Act 17 of 1980 w.e.f. 30.6.1979](2)[ "agriculturist" means a person cultivating any agricultural land who is an occupant of such land or a tenant of an occupant: [Substituted by Act 3 of 1970 w.e.f. 17.10.1969]Explanation. - For purposes of this clause the expressions 'occupant' and 'tenant' shall have the meaning assigned to them in the [Karnataka] Land Revenue Act 1964. ([Karnataka] [Adapted by the Karnataka Adaptations of Laws Order 1973 w.e.f. 01.11.1973.] Act 12 of 1964);](2A)[ "Agricultural Co-operative Processing Society" means an agricultural Co-operative Processing Society registered or deemed to have been registered under the Karnataka Co-operative Societies Act 1959 for the purpose of processing of agricultural produce in a market area;] [Inserted by Act 16 of 1991 w.e.f. 1.8.1991 by notification.](2B)[ "Backward Classes" means such class or classes of citizens as may be classified as category 'A' and 'B' and notified by the State Government from time to time for the purpose of reservation of seats in the market committee."] [Inserted by Act 13 of 2002 w.e.f. 11.4.2002.](3)"Board" means the [Karnataka State Agricultural Marketing Board] [Adapted by the Karnataka Adaptations of Laws Order 1973 w.e.f. 01.11.1973.] established under this Act;(4)"broker" means an agent who in consideration of a commission fee or reward 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;(5)[ "Buyer" or "Purchaser" means a person who himself or on behalf of any other person or agent buys or agrees to buy notified agricultural produce in the market area.] [Substituted by Act 23 of 2007 w.e.f. 16.08.2007.](6)"bye-laws" means bye-laws made under this Act; [(6A) "cattle " includes buffalo bullock cow [ox goat sheep and their young] [Inserted by Act 35 of 1986 w.e.f. 17.6 .1986];](7)[ x x x] [Omitted by Act 35 of 1986 w.e.f. 17.6.1986](8)[ "commission agent" 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 or such agricultural produce for commission;] [Substituted by Act 35 of 1986 w.e.f. 17. 6.1986](9)"commodity" means any kind of agricultural produce meant for sale;[(9-A) "Contract farming" means farming by an individual agriculturist or association of agriculturists by whatever name called as "Contract farming Producer" in a written contract farming agreement with another person called "Contract farming Sponsor" to the effect that his farm produce shall be purchased by such contract farming sponsor as may be specified in the agreement. [Inserted by Act 23 of 2007 w.e.f. 16.08.2007.](9-B) "Contract farming Agreement" means the agreement made for Contract farming between a Contract farming producer and contract farming sponsor as may be specified in the agreement.](10)[ "Co-operative Marketing Society" means a Co-operative Marketing Society registered or deemed to have been registered under the Karnataka Co-operative Societies Act 1959 for the purpose of marketing of agricultural produce in a market area;] [Omitted by Act 35 of 1986 and Inserted by Act 16 of 1991 w.e.f. 1.8.1991](11)"delivery" means voluntary transfer of possession from one person to another;(12)"Deputy Commissioner" includes any officer subordinate to the Deputy Commissioner not below the rank of a Tahsildar authorised by the State Government by notification to exercise the powers and perform the functions of the Deputy Commissioner under this Act in respect of any market area within the territorial jurisdiction of such officer;(12A)[ "Director of Agricultural Marketing" means the officer appointed by the State Government as such and includes [the Commissioner of Agricultural Marketing or] [Inserted by Act 35 of 1986 w.e.f. 17.6.1986] any other officer or officers empowered by the State Government by notification to exercise or perform such of the powers or functions of the Director of Agricultural Marketing under the provisions of this Act or the rules as may be specified in such notification;](13)"exporter" means a person other than a producer who exports goods or causes goods to be exported on one's own account or as agent of another person from the market area outside such area for the purpose of selling processing manufacturing or for any other purpose except for the purpose of one's own domestic consumption but shall not include a public carrier; [x x x] [Omitted by Act 35 of 1986 w.e.f. 17.6.1986];(14)[ "goods" means any kind of notified agricultural produce; [Inserted by Act 35 of 1986 w.e.f. 17.6.1986](14A)[ "Government" means the State Government.](14B)[] [Renumbered by Act 23 of 2007 w.e.f.16.08.2007] "importer" means a person who imports or causes goods to be imported on his own account or as an agent for another person from outside the market area into a market area for the purpose of selling processing manufacturing or for any other purpose except for one's own domestic consumption but shall not include a public carrier;](15)"insolvent" means a person who ceases to pay his debts in the ordinary course of business or [cannot pay his debts in respect of financial transactions pertaining to market functionaries in the Agricultural Produce Marketing Committee] [Substituted by Act 18 of 2010 w.e.f.16.04.2010.] as they become due whether he has committed an act of insolvency or not;(16)[ x x x] [Omitted by Act 16 of 1991 w.e.f. 1.8.1991];(17)[ x x x] [Omitted by Act 17 of 1980 w.e.f. 3.11.1979](18)"market" means any notified area declared [or deemed to be declared] [Inserted by Act 19 of 1969 w.e.f. 1.5.1968] to be a market under [this Act] [Substituted by Act 19 of 1969 w.e.f. 1.5.1968];[(18-A) "Marketing" means buying selling importing exporting grading processing storage transport branding packaging market information and channels of distribution and includes all activities involved in the production of notified agricultural produce commencing from the stage of harvest till such notified agricultural produce reach the consumers ultimately.] [Substituted by Act 23 of 2007 w.e.f. 16.8.2007.](19)"Market area" means any area declared to be a market area under section 4;(19A)[ "market charges" means all charges in connection with the handling of agricultural produce such as the commission of commission agents brokerage remuneration for weighment loading unloading cleaning sorting counting sieving and dressing of agricultural produce;] [Inserted by Act 35 of 1986 w.e.f. 17.6.1986](20)"Market committee" or "committee" means a market committee constituted for a market area under this Act;(21)"market functionary" or "functionary" includes a broker a commission agent an exporter a ginner an importer a presser a processor a stockiest a trader and such other person as may be declared under the rules or the bye- laws to be a market functionary;(22)"market sub-yard" means a specified place declared [or deemed to be declared] [Inserted by Act 19 of 1969 w.e.f. 1.5.1968] to be a market yard under [this Act] [Substituted by Act 19 of 1969 w.e.f. 1.5.1968];(23)"market yard" means a specified place declared [or deemed to be declared] [Inserted by Act 19 of 1969 w.e.f. 1.5.1968] to be a market yard under [this Act] [Substituted by Act 19 of 1969 w.e.f. 1.5.1968];(24)"market year" means the year commencing on the first day of [April] [Substituted by Act 16 of 1991 w.e.f. 1.4.1992];(25)"member" means a member of a market committee;(26)"misconduct" in relation to a market functionary shall include any conduct of such functionary which is contrary to any of the provisions of this Act the rules the bye-laws or standing orders or is inconsistent with the objects and purposes of this Act;(27)"notification" means a notification published in the official Gazette;(28)"notified agricultural produce" means any agricultural produce which the State Government has by notification issued under sections 4 and 5 declared as an agricultural produce the marketing of which shall be regulated in the market area;(29)"over-trading" in relation to a trader means -(i)buying goods on credit to an extent that the aggregate amount payable to the commission agents [or sellers] [Inserted by Act 16 of 1991 w.e.f. 1.8.1991] in the market area at any time exceeds the limit up to which he is permitted to remain indebted to the commission agent [or sellers] [Inserted by Act 16 of 1991 w.e.f. 1.8.1991] according to the bye-laws with regard to the amount of security he has deposited with or the bank guarantee he has furnished to the market committee;(ii)trading in such a manner as not to be able to pay the amounts due or deliver the goods to the persons entitled to them in respect of the agricultural produce on the due dates;(30)"person" includes a firm and [a Joint Hindu Family a company or firm or association or a body of individuals whether incorporated or not] [Substituted by Act 35 of 1986 w.e.f. 17.6.1986];(31)"prescribed" means prescribed by rules made under this Act:[(31-A) "Private Market Yard" means such place other than the market yard market sub yard and sub market yard in the market area where infrastructure has been developed managed and controlled by a person for marketing of notified agricultural produce holding a license for this purpose under this Act ] [Inserted by Act 23 of 2007 w.e.f. 16.8.2007.](32)"process" means any one of a series of treatments to which raw agricultural produce is subjected to make it fit for [use or consumption] [Substituted by Act 35 of 1986 w.e.f. 17.6.1986];(33)"processor" means a person who processes notified agricultural produce by mechanical means;[(33-A) "Processing" means any one or more of a series of treatments relating to powdering crushing paste making decorticating cleaning ripening dehusking parboiling polishing ginning pressing curing or any other manual mechanical chemical or physical treatment to which raw notified agricultural produce or its product is subject to make it fit for use or consumption.] [Inserted by Act 23 of 2007 w.e.f. 16.8.2007](34)"producer" means who produces notified agricultural produce on one's own account,-(i)by one's own labour or(ii)by the labour of any member of one's family or(iii)under the personal supervision of oneself or any member of one's family by hired labour or by servants on wages payable in cash or kind but not in share of the produce;Explanation. - For the purposes of this clause a producers' society shall be deemed to be a producer;[(35 x x x] [Omitted by Act 35 of 1986 w.e.f. 17.6.1986](36)"Registrar of Co-operative Societies" includes any officer subordinate to the Registrar of Co-operative Societies in [Karnataka] [Adapted by the Karnataka Adaptations of Laws Order 1973 w.e.f. 1.11.1973] authorised by him;[(36-A) "Registration" means registration made under this Act. [Sub-sections (36A) and(36B)inserted by Act 23 of 2007 w.e.f. 16.8.2007](36-B)"Revolving Fund" means the Revolving Fund established under section 64B for the purpose of implementation of Floor Price Scheme.](37)[ 'Retail Sale' means a sale of such quantity of notified agricultural produce as the market committee may by bye-laws determine subject to the prescribed maximum limit on which the market fee has already been levied and collected in the concerned market area to a consumer for domestic consumption and not for subsequent sale or processing," [Substituted by Act 22 of 2004 w.e.f. 17.5.2004.](37A)[ 'Retail Trader' means a person who is engaged in retail sale of any notified agricultural produce on which market fee has already been levied and collected in the concerned market area and holds in stock at a time not exceeding such quantity of notified agricultural produce as the State Government may by notification specify from time to time. [Inserted by Act 16 of 1991 w.e.f. 1.8.1991](37B)"rural shandy" means a place where retail sale of notified agricultural produce takes place and where no market functionary operates in accordance with the provisions of this Act the rules the bye-laws and standing orders of the Market Committee;](38)"rules" means rules made under this Act;(38A)[ "Schedule " means the Schedule to this Act;] [Inserted by Act 17 of 1980 w.e.f. 30.6.1979](38B)[ "Scheduled Castes and Scheduled Tribes" means the Scheduled Castes and Scheduled Tribes specified in respect of Karnataka in the Constitution (Scheduled Castes) Order 1950 and the Constitution (Scheduled Tribes) Order 1950 for the time being in force."] [Inserted by Act 13 of 2002 w.e.f. 11.4.2002](39)[ "Secretary" means the Secretary of the Market Committee and includes Additional Secretary or Assistant Secretary of the market committee and any other officer who is authorised by the Director of Agricultural Marketing to exercise the powers and perform the functions of the Secretary;] [Substituted by Act 16 of 1991 w.e.f. 1.8.1991](40)"seller" means a person who sells or agrees to sell goods;(41)"solvent" means a person who is not an insolvent;(42)"standing order" means a standing order made under section 151;(43)"stockiest" means a person other than licensed commission agent who stocks the goods belonging to other persons and includes a warehouseman;(44)"sub-committee" means a sub-committee of a market committee;(45)"sub-market" means a specified area declared [or deemed to be declared] [Inserted by Act 19 of 1969 w.e.f. 1.5.1968] to be a sub-market under [this Act] [Substituted by Act 19 of 1969 w.e.f. 1.5.1968];(46)"sub-market yard" means a specified place declared [or deemed to be declared] [Inserted by Act 19 of 1969 w.e.f. 1.5.1968] to be a sub-market yard under [this Act] [Substituted by Act 19 of 1969 w.e.f. 1.5.1968];(46A)[ "Spot Exchange" means an exchange for trading of notified agricultural produce through electronic media licenced under section 131D.] [Inserted by Act 23 of 2007 w.e.f. 16.8.2004](47)[ x x x] [Omitted by Act 16 of 1991 w.e.f. 1.8.1991](48)"trader" means a person who buys notified agricultural produce either for himself or as an agent of one or more persons for the purpose of selling processing manufacturing or for any other purpose except for the purpose of domestic consumption;(49)"vehicle" includes a boat or other vessel or a conveyance of any kind;(50)"warehouse" means any building structure or other protected enclosure which is or may be used for the purpose of storing agricultural produce being goods on behalf of the depositors but does not include cloak rooms attached to hotels railways stations the premises of other public carriers and like;(51)"weighment" includes counting or measurement;(52)"yard" includes the market yard the market sub-yard and the sub-market yard.
