Section 2 in Uttar Pradesh Krishi Utpadan Mandi Adhiniyam, 1964
2. Definitions.
- In this Act, unless there is anything repugnant in the subject or context :(a)[ "agricultural produce" means such items of produce of agriculture, horticulture, viticulture, apiculture, sericulture, pisciculture, animal husbandry or forest as are specified in the Schedule, and includes admixture of two or more of such items, and also includes any such item in processed form, and further includes gur, rab, shakkar, khandsari and jaggery ;] [Substituted and be deemed always to have been subs, by Section 2 of U.P. Act no. 10, 1970.][[(a-1)] [Inserted by section 2(i) of President Act No. 13 of 1973 as re-enacted by U.P. Act no. 30 of 1974.] "Board" means the State Agricultural Produce Markets Board constituted under section 26-A ;](b)"broker" or "Dalal" means a person who, in the ordinary course of business, negotiates or arranges contracts for the purchase or sale of agricultural produce, on behalf of his principal on payment of commission or remuneration, whether in cash or kind, but does not include the servant of such principal whether engaged in negotiating or arranging such contracts;(c)"bye-laws" means by-laws made in accordance with the provisions of section 39 ;(d)"Central Warehousing Corporation" means the Central Warehousing Corporation established or deemed to be established under the Warehousing Corporations Act, 1962 ;[[(d-1)] [Inserted by section 2(ii) of President Act No. XII of 1973 as re-enacted by U.P. Act No. 30, 1974.] "Collector", in relation to a Committee for a Market area means the Collector of the District where the Principal Market Yard of that Market Area 'is situated, and includes such other officer as may be authorized by him in that behalf;](e)"commission agent" or "Aarhatiya" 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 of agricultural produce, for Arhat or commission ;(ee)[ `wholesale transaction' in relation to any specified agricultural produce means sale and purchase of that produce exceeding such quantity as a market committee may specify in its bye-laws to be the limit of retail sale;] [Substituted by section 2 (ii) U.P. Act No. 19 of 1979.](f)"Committee" means a Committee constituted under this Act;(g)"Co-operative Marketing Society" means a co-operative society of producers [registered or deemed to be registered under the Uttar Pradesh Co-operative Societies Act, 1965] [Substituted by section 2 (a) of U.P. Act No. 6 of 1977.], which has, as its principal object, the promotion of sale or purchase of agricultural produce;(h)[ "Director" means an officer appointed by the State Government as Director of Mandis and includes any other officer authorized by the Director to perform all or any of his functions under this Act ;] [Substituted by section 2 (iii) by U.P. Act No. 30, 1974.][(h-1) Director of Elections means an officer appointed by the State Government in this behalf by general or special order, and includes any other officers authorized by the Director of Elections to perform all or any of his functions under this Act;] [Inserted by section 2 (b) of U.P. Act No. 6 of 1977.](i)"licensee" means a person who is granted a licence under this Act;(j)[ "Local Body" means a Nagar Nigam, Nagar Palika Parishad, Nagar Panchayat or Gram Panchayat constituted or established under any Act for the time being in force in Uttarakhand ;] [Inserted by section 2 (a) of U.P. Act No. 6 of 2004.](k)"Market Area" means an 'area notified as such under Section 6 or as modified under section 8 ;(l)"member" means a member of the Committee;[(l-1) "Other Backward Classes of Citizens" means other backward classes of citizens specified in Scheduled-1 of the Uttarakhand The Uttar Pradesh Public Service (Scheduled Castes, Scheduled Tribes and Other Backward Classes Reservation) Act, 1994, Adaptation and Modification Order, 2001;] [Inserted by section 2 (b) of U.P. Act No. 6 of 2004.](m)"Palledar" means a labourer engaged for "Dara- making", loading, unloading, filling, emptying or carrying any agricultural produce;(n)"prescribed" means prescribed by rules made under this Act ;(o)"Principal Market Yard" means the portion of a Market Area, declared as such under section 7 ;(p)"producer" means a person who, whether by himself or through hired labour, produces, rears or catches, any a agricultural produce, not being a producer who also 'works a trader, broker or Dalal, commission agent or Aarhatiya or who is otherwise ordinarily engaged in the business of storage of agricultural produce :Provided that if a question arises as to whether any person is a producer or not for the imposes of ,this Act, the decision of the Director, made after e n enquiry conducted in such manner as may be prescribed shall be final.(q)"purchase" includes barter or receipt of goods by way of pledge or as security for the amount advanced ;[[(q-1)] [Inserted by section 2 (iv) of President Act No. 13 of 1973 as re-enacted by U.P. Act No. 30 of 1974.] "Regulations" means regulations made by the Board in accordance with the provisions of section 26- x;][(q-2) "retail sale" in relation to any specified agricultural produce means sail of that produce, not exceeding such quantity, as a market committee may specify in its bye laws to be the limit of retail sale;] [Inserted by section 2 (i) of Act No. 19 of 1979.](r)'Sale' includes barter or deposit of goods by way of pledge or as security for the amount received as advance;(s)"Secretary" means the person appointed as such under section 23;(t)"Specified agricultural produce" means a agricultural produce specified in the notification under section 6 or as modified under section 8;(u)"State Government" means the Government of Uttar Pradesh;(Act no. 58 of 1962)(v)"State Warehousing corporation" means the State warehousing corporation for Uttar Pradesh established or deemed to be established under the Warehousing Corporations Act, 1962;(w)"Sub-Market Yard" means a portion of a market Area, declared as such under section 7;(x)[ "trade-charge" means any charge, by whatever name called, which is releases or may be realized by, or may be payable to, a trader in respect of any transaction of sale or purchase of any specified agricultural produce under or purporting to be under any custom or usage of trade, or otherwise. [Substituted by section 3 of U.P. Act No. 7 of 1978.]Explanation. - Every deduction other than a deduction made on account of, deviation from sample when the purchase is made by sample or on account of deviation from standard when the purchase is made by reference to a known standard or on account of difference between actual and the standard weight or measure shall be deemed as a trade charge.](y)'trader' means a person who in the ordinary course of business in engaged in buying or selling agricultural produce as a principal or as a duly authorized agent of one or more principals and includes a person, engaged in processing of agricultural produce;(aa)[ 'village' shall have the same meaning as in the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950;] [Substituted by section 2 (c) of U.P. Act No. 6 of 1977](bb)"weigh man" means a person who, in the ordinary course of business, is engaged in weighing of agricultural produce in connection with a transaction of sale or purchase thereof;(cc)"weighing or measuring instrument" means a weighing instrument or a measuring instrument as defined in the Uttar Pradesh Weights' and Measures (Enforcement) Act, 1959 ;(dd)"weight or measure" means commercial weight or measure or a standard weight or measure, as defined in the U. P. Weights and Measures (Enforcement) Act, 1959(U.P. Act No. 5 of 1959)
