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State of Madhya Pradesh - Section

Section 2 in The M.P. Krishi Upaj Mandi Adhiniyam, 1972

2. Definitions.

(1)In this Act, unless the context otherwise requires,
(a)"agricultural produce" means all produce [x x x] [Omitted by M.P. Act No. 5 of 1990.] of agriculture, horticulture, animal husbandry, apiculture, pisciculture, or forest as specified in the Schedule;
(b)[ "agriculturist" means a person whose source of livelihood is wholly dependent on agricultural produce and who cultivates land on one's own account,- [Substituted by M.P. Act No. 11 of 1985 (w.e.f. 12-6-1985).]
(i)by one's own labour; or
(ii)by the labour of the either spouse; or
(iii)under the personal supervision of oneself or any member of one's family referred to in sub-clause (ii) above by hired labour or by servants on wages payable in cash or kind but not as crop share, but does not include a trader, commission agent, processor, broker, weighman, or hammal of agricultural produce although such trader, commission agent, processor, broker, weighman or hammal may also be engaged in the production of agricultural produce;]
(c)"Board" means the Madhya Pradesh State Agricultural Marketing Board established under this Act;
(d)"Bye-laws" means the bye-laws made under Section 80;
(dd)[ "Collector" means the Collector of the District and includes an Additional Collector;] [Inserted by M.P. Act No. 18 of 1979 (w.e.f. 7-6-1979).]
(e)"Commission Agent" means a person who on behalf of his principal [trader] [Inserted by M.P. Act No. 24 of 1986 (w.e.f. 21-7-1986).] and in consideration of a commission or percentage upon the amount involved in such transaction buys agricultural produce and makes payment in cash, keeps it in his custody and delivers it to the principal [trader] [Inserted by M.P. Act No. 24 of 1986 (w.e.f. 21-7-1986).] in due course or who receives and takes in his custody agricultural produce sent for sale [within the market area or from outside the market area] [Substituted by M.P. Act No. 18 of 1979 (w.e.f. 7-6-1979).], sells the same in the market area and collects payment therefor from the buyer and remits the sale proceeds to his principal [trader] [Inserted by M.P. Act No. 24 of 1986 (w.e.f. 21-7-1986).];
(ee)[ "Contract farming" means farming of agricultural produce on contract basis by a person on his land under a written agreement with another person to the effect that his farm produce shall be purchased at a rate specified in the agreement;] [Inserted by M.P. Act No. 15 of 2003 (w.e.f. 15-6-2003).]
(f)[ "Managing Director" means the Managing Director of the Madhya Pradesh State Agricultural Marketing Board appointed under this Act and he shall also be the Commissioner, Mandi, Madhya Pradesh;] [Substituted by M.P. Act No. 27 of 1997 (w.e.f. 15-6-1997).]
(g)"Market" means a market established under Section 4;
(h)"market area" means the area for which a market is established under Section 4;
(i)"market committee" means a committee constituted under Section 11;
(j)"market functionary" includes a broker, a commission agent, an exporter, a ginner, an importer, a presser, a processor, a stockist, a trader, weighman, warehouseman, hammal, surveyor and such other person as may be declared under the rules or the bye-laws to be a market functionary;
(k)"market proper" in relation to a market yard means an area declared to be a market proper under clause (b) of sub-section (2) of Section 5;
(l)[ "market yard or sub-market yard" in relation to a market area means a specified place declared to be a market yard or sub-market yard under clause (a) of sub-section (2) of Section 5;] [Substituted by M.P. Act No. 24 of 1986 (w.e.f. 21-7-1986).]
[Explanation.-The expression "sub-market yard" shall include "haat bazars";] [Inserted by M.P. Act No. 27 of 1997 (w.e.f. 15-6-1997).]
(m)[ "notified agricultural produce" in relation to a market means all such produce specified in the Schedule;] [Substituted by M.P. Act No. 24 of 1986 (w.e.f. 21-7-1986).]
[(m-l) "Other Backward Classes" means the Other Backward Classes of citizens as specified by the State Government by Notification No. F. 85-XXV-4-84, dated the 26th December, 1984 as amended from time to time.] [Inserted by M.P. Act No. 27 of 1997 (w.e.f. 15-6-1997).]
(mm)[ "petty trader" means a person who does not hold more than ten quintals of various kinds of notified agricultural produce or four quintals of any single notified agricultural produce in stock at a time :] [Substituted by M.P. Act No. 24 of 1986 (w.e.f. 21-7-1986).]
Provided that he shall not purchase more than four quintals of cereals or two quintals of oilseeds, pulses and fibre crops, in a day]; and
(mmm)[ "processing" means powdering, crushing, decorticating, husking, parboiling, polishing, ginning, pressing, curing or any other treatment to which an agricultural produce or its product is subjected to before final consumption; [Inserted by M.P. Act No. 18 of 1979 (w.e.f. 7-6-1979).]
(mmmm)"processor" means a person who processes agricultural produce by manual or mechanical means;]
(mmmmm)[ "Scheduled Castes" and "Scheduled Tribes" shall carry the same meanings as assigned to them under clauses (24) and (25) respectively of Article 366 of the Constitution of India;] [Inserted by M.P. Act No. 27 of 1997 (w.e.f. 15-6-1997).]
(n)[ [x x x] [Omitted by M.P. Act No. 24 of 1986 (w.e.f. 21-7-1986).]
(o)"Secretary" means the secretary of a Market Committee;
(p)[ "trader" means a person who in his normal course of business buys or sells any notified agricultural produce, and includes a person engaged in processing of agricultural produce, but does not include an agriculturist as defined in clause (b) of this sub-section.] [Substituted by M.P. Act No. 26 of 1987 (w.e.f. 1-6-1987).]
(2)If a question arises whether any person is an agriculturist or not for the purpose of this Act, the decision of the Collector of the district in which such person is engaged in the production or growth of agricultural produce shall be final.Chapter-II Establishment of Markets