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State of Haryana - Section

Section 2 in The Punjab Agricultural Produce Markets Act, 1961

2. Definitions.

- In this Act, unless the context otherwise requires, -
(a)[ "agricultural produce" means all produce and commodities whether processed or unprocessed of agriculture, horticulture/apiculture, sericulture, animal husbandry, fleeces (raw wool) and skin of animals, forest produce etc. as are specified in the Schedule or declared by the State Government, by notification in the Official Gazette, from time to time and also includes a mixture of more than two such products; [Substituted by Haryana Act No. 22 of 2006.]
(aa)"agriculturist" means a person who is a resident of notified market area and who is engaged in production of agricultural produce by himself or by hired labour or otherwise, but does not include any market functionary. 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;]
(b)[ "Board" means the Punjab States Agricultural Marketing Board or the Haryana State Agricultural Marketing Board established under the Act for the State of Punjab or the State of Haryana and includes the Administrator of the Union Territory of Himachal Pradesh functioning as the Board for the transferred Territory and the Administrator of the Union territory of the Chandigarh functioning as the Board for the Union Territory of Chandigarh.] [Substituted by the Punjab State Agricultural Marketing Board and Marketing Committees (Reconstitution and Reorganisation) Order, 1969.]
(c)"broker" means a person, other than a private servant or an auctioneer, usually employed on commission to enter into contracts on behalf of others for the purchase or sale of agricultural produce;
(ca)[ "business" means purchase-sale, processing, value addition, storage, transportation and connected activities of agricultural produce; [Clause (ca) and (cb) added by Haryana Act No. 22 of 2006.]
(cb)"buyer" means a person, a firm, a company or co-operative society or government agency, public undertaking/public agency or corporation, commission agent, 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;]
(cc)[ "Chief Administrator" means the Chief Administrator of the Board.] [Inserted by Haryana Act No. 28 of 1980.]
(d)"Committee" means a market committee established and constituted under sections 11 and 12;
(da)[ "contract farming" means farming by a contract farming producer under a written agreement with contract farming sponsor to the effect that his farm produce shall be purchased as specified in the agreement; [Clause (da), (db), (dc) and (dd) added by Haryana Act No. 22 of 2006.]
(db)"contract farming agreement" means an agreement made for contract farming between contract farming sponsor and contract farming producer;
(dc)"contract farming producer" means an agriculturist association of agriculturists, self-help group, authorised tenants of agriculturist, co- operative societies registered under the Haryana Co-operative Societies Act, 1984 (22 of 1984), and shall include the successors, heirs, executors and representatives of the party executing the agreement;
(dd)"contract farming sponsor" means a person, a sole proprietor, a company registered under the Companies Act, 1956 (1 of 1956), a partnership firm registered under the Indian Partnership Act, 1932 (9 of 1932), a Government agency, a co-operative society registered under the Haryana Co- operative Societies Act, 1984 (22 of 1984), and shall include its administrators, successors, representatives and assignees;]
(e)"Co-operative Society" means a Co-operative Society registered or deemed to be registered under the Punjab Co-operative Societies Act 1954, [or any other corresponding law for the time being in force] [Substituted by the Punjab State Agricultural Marketing Board and Marketing Committees (Reconstitution and Reorganisation) Order, 1969.] which deals in the purchase, sale, processing or storage of agricultural produce; or is otherwise engaged in the business of disposal of agricultural produce;
(f)"dealer" means any person who within the notified market area sets up, establishes or continues or allows to be continued any place for the purchase, sale, storage or processing or agricultural produce notified under sub-section (1) of section 6 or purchases, sells, stores or processes such agricultural produce;
(g)[ "Director" means the Director of marketing for the State of Punjab, or the State of Haryana or the transferred territory or the Union territory of Chandigarh, as the case may be, and includes a Joint Director of marketing.] [Substituted for clause (g) by the Punjab State Agricultural Marketing Board and Marketing Committee (Reconstitution and Reorganisation), Order, 1969.]
(h)"Godown keeper" means a person, other than a producer who stores agricultural produce for himself for sale or stores agricultural produce of others in lieu of storage charges;
(hh)[ "licensee" means a dealer to whom a licence is granted under section 10 and the rules made under this Act and includes any person who purchases or sells agricultural produce and to whom a licence is granted as Kacha Arhtia or commission agent or otherwise but does not include a person licensed under section 13;] [Inserted by Haryana Act 5 of 1976.]
(i)"Market" means any area including all lands with the buildings thereon, within such distance of the Principal market or sub-market yard, as may be notified in the Official Gazette by the State Government, to be a market proper;
(ia)" marketing" means all activities involved in the flow of agricultural produce from the production points commencing from the stage of harvest till these reach the ultimate consumers viz. grading, processing, storage, transport, channels of distribution and all other contract farming;
(j)Omitted by Punjab Act 40 of 1963.
(k)"market proper" means any area including all lands with the buildings thereon, within such distance of the principal market or sub-market yard, as may be notified in the official gazette by the State Government, to be a market proper;
(kk)[ 'member' includes the Chairman and Chief Administrator of the Board;] [Inserted by Punjab Act 40 of 1963, Section 2. Substituted by Haryana Act No. 28 of 1980.]
(l)"notified market area" means any area notified under section 6;
(m)"Prescribed" means prescribed by rules made under this Act;
(n)"principal market yard" and "sub-market yard" means an enclosure, building or locality declared to be a principal market yard and sub-market yard under section 7;
(nn)[ "processing" means giving a treatment or a series of treatment to an agricultural produce in order to make it fit for use or consumption and includes manufacturing [out] [Substituted by Haryana Act No. 28 of 1980.] of an agricultural produce.]
(o)"producer" means a person whose sole avoication is to produce, grow or rear agricultural produce, through tenants or otherwise. If a question arises as to whether any person is a producer or not for the purposes of this Act, the decision of the Deputy Commissioner of the district concerned shall be final :
Provided that no person shall be disqualified from being a producer merely on the ground that he is a member of a Co-operative Society :Provided further that a person shall be disqualified from being a producer if he subsequently obtains a licence under Section 10 or Section 13 of this Act.[Explanation :- The term "producer" shall also include tenant.] [Substituted by Haryana Act No. 4 of 1988.][ - ] [Vide Punjab State Agricultural Marketing Board and Marketing Committees (Reconstitution and Reorganisation) Order, 1969.]
(q)"retail sale" means sale of agricultural produce not exceeding such quantity as may be prescribed;
(r)"Secretary" means the Executive Officer of a Committee and includes an Assistant Secretary or a person officiating or acting as Secretary;
(s)"trade allowance" includes an allowance having the sanction of custom in the notified market area concerned and market charges payable to various functionaries.
(t)[ "transferred territory" means the territory transferred to the Union Territory of Himachal Pradesh under section 5 of the Punjab Reorganisation Act, 1966 (31 of 1966)] [Vide Punjab State Agricultural Marketing Board and Marketing Committees (Reconstitution and Reorganisation) Order, 1969.].