Section 2 in The Gujarat Agricultural Produce Markets Act, 1963
2. Definitions.
- In this Act, unless the context otherwise requires-(i)"agricultural produce" means all produce, whether processed or not, of [agriculture and horticulture] [Substituted for 'agriculture, horticulture and animal husbandry' by the Gujarat Agricultural Produce Markets (Amendment) Act, 2006 (Gujarat 21 of 2006), dated 31st March 2006.], specified in the Schedule;(ii)"agriculturist" means a person who ordinarily by himself or who 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 although such a trader or broker may also be engaged in the production or growth of agricultural produce;[(ii-a) "Board" means the Gujarat State Agricultural Marketing Board established under Section 34;] [Clause (ii-a) was inserted by Gujarat 17 of 1985, Section 2 (a) (w.r.e.f. 25-01-1985).](iii)"broker" means an agent whose ordinary course of business is to negotiate and make contracts on payment of commission for purchase or sale of agricultural produce on behalf of his principal but does not include a servant of such principal whether engaged in negotiating or making such contracts;(iv)`bye-law" means a bye-law made under Section 60;(v)"co-operative marketing society" means a society registered or deemed to be registered as such under the Gujarat Co-operative Societies Act, 1961 and engaged in the business of buying or selling of agricultural produce or of processing of agricultural produce and holding a licence;[(v-aa) "contract farming" means farming by a person under a written agreement with agriculturist to the effect that his agricultural produce shall be purchased as specified in the agreement; [Clause (v-aa) and (v-aaa) inserted by Gujarat 17 of 2007, dated 1st May 2007 (w.e.f. 02-07-2007).](v-aaa) "Contract Farming Agreement" means an agreement made for contract farming between the sponsorer and agriculturist;][(v-a) "Development Fund" means the State Agricultural Marketing Development Fund established under Section 34-L;] [Clause (v-a) was inserted, by Gujarat 17 of 1985, Section 2 (b).](vi)"Director" means the Director of Agricultural Marketing and Rural Finance, Gujarat State;[(vi-a) "e market" means a virtual platform created using information and communication technology for marketing activities in agricultural produce such as billing, booking, contracting, negotiating, information exchange, record keeping and other connected activities as are done electronically on computer network or internet; [Inserted by Gujarat 17 of 2007, dated 1st May 2007 (w.e.f. 02-07-2007).](vi-aa) "export" means dispatch of agricultural produce outside the territory of India;(vi-aaa) "exporter" means such person or firm who exports agricultural produce;(vii-a) "import" means bringing agricultural produce from outside the territory of India;(vii-aa) "importer" means such person or firm who imports agricultural produce from outside the territory of India;](vii)"general commission agent" means a trader who bona fide buys or sells or offers to buy or sell for an agreed commission, any agricultural produce on behalf of another person and does or offers to do anything necessary for completing and carrying out the transaction of such sale or purchase;(viii)"joint family" means an undivided Hindu family and in the case of persons other than Hindus a group or unit the members of which are by custom joint in estate or residence;(ix)"licence" means a licence granted under Section 6 or, as the case may be, a general or special licence granted under Section 27;(x)"licensee" means a person holding a general licence under this Act;(xi)"local authority" means-(a)a corporation constituted under the Bombay Provincial Municipal Corporations Act, 1949 (Bombay LIX of 1949); or(b)a municipality constituted or deemed to be constituted under-(i)the Bombay District Municipal Act, 1901 (Bombay Ill of 1901), or that Act as adapted and applied to the Saurashtra area; or(ii)the Bombay Municipal Boroughs Act, 1925 (Bombay XVIII of 1925) or that Act as adapted and applied to the Saurashtra area or that Act as applied to the Kutch area; or(c)a village panchayat constituted or deemed to be constituted under the Bombay Village Panchayats Act, 1959 (Bombay Ill of 1959) or a gram panchayat or nagar panchayat constituted under the Gujarat Panchayats Act, 1961 (Gujarat VI of 1961);(xii)[ "Managing Director" means the Managing Director of the Gujarat State Agricultural Marketing Board appointed under section 341; [Substituted by Gujarat 17 of 2007, dated 1st May 2007 (w.e.f. 02-07-2007).](xii-a) "market" means a market established and regulated under this Act for the notified market area and also includes a market proper, a principal market yard, sub-market yard, private market, e-market and such other markets as may be declared under this Act;](xiii)"market area" means any area declared or deemed to be declared to be a market area under this Act;[(xiii-a) "market service charges" means the charges on account of or in respect of commission, brokerage, weighing, measuring, hammali (loading, unloading, and carrying), cleaning, drying, sieving, stitching, stacking, hiring, gunny bags, stamping, bagging, storing, warehousing, grading, surveying, transporting and processing and such other charges as the Director may by order in the Official Gazette, specify;] [Clause ((xiii-a) inserted by Gujarat 17 of 2007, dated 1st May 2007 (w.e.f. 02-07-2007).](xiv)"market committee" means a market committee established or deemed to be established under this Act;[(xiv-a) "market functionary" means a trader, a commission agent, buyer, hamal, processor, a stockist and such other person as the State Government may by order in the Official Gazette, declare;] [Clause ((xiv-a) inserted by Gujarat 17 of 2007, dated 1st May 2007 (w.e.f. 02-07-2007).](xv)"market proper" means any area declared or deemed to be declared to be a market proper under this Act;(xvi)"prescribed" means prescribed by rules made under Section 59;[(xvi-a) "prescribed authority" means an officer, an agency or the organization as the State Government may by order in the Official Gazette, appoint; [Inserted by Gujarat 17 of 2007, dated 1st May 2007 (w.e.f. 02-07-2007).](xvi-aa) "private market" means the market for which the licence has been granted under Chapter IV A;](xvii)"principal market yard" means an enclosure, building or locality declared or deemed to be declared to be a principal market yard under this Act;[(xvii-aa) "processing" means any one or more of a series of treatments relating to powdering, crushing, decorticating, dehusking, parboiling, polishing, ginning, pressing, curing or any other manual, mechanical, chemical or physical treatment to which raw agricultural produce or its product is subjected to; [Inserted by Gujarat 17 of 2007, dated 1st May 2007 (w.e.f. 02-07-2007).](xvii-aaa) "processor" means a person who undertakes processing of any agricultural produce on his own accord or on payment of a charge;(xvii-aaaa) "registration" means registration granted under section 3IB;][(xvii-a) "regulations" means regulations made under Section 59-A;] [Clause (xvii-a) was inserted by Gujarat 17 of 1985, Section 2 (c) (w.r.e.f. 25-01-1985).](xviii)"retail sale" means a sale of any agricultural produce not exceeding such quantity as a market committee may by bye-laws determine to be a retail sale in respect of such agricultural produce;(xix)"rules" means rules made under Section 59;(xx)"Secretary" means a Secretary of a market committee appointed under this Act;[(xx-a) "special market" means a market declared as such under section 31 M;] [Inserted by Gujarat 17 of 2007, dated 1st May 2007 (w.e.f. 02-07-2007).](xxi)"sub-market yard" means an enclosure, building or locality declared or deemed to be declared to be a sub-market yard under this Act;(xxii)"surveyor" means a person who carries on the business of surveying agricultural produce in respect of its quantity, quality, refraction, price and such other factors as may be prescribed;(xxiii)"trader" means any person, who carries on the business of buying or selling of agricultural produce or of processing of agricultural produce for sale and includes a co-operative society, joint family or an association of persons, whether incorporated or not, which carries on such business;[(xxiii-a) "transportation" means carriage of agricultural produce by any means of transport from one place to another; [Inserted by Gujarat 17 of 2007, dated 1st May 2007 (w.e.f. 02-07-2007).](xxiii-aa) "transporter" means a person who transports agricultural produce;(xxiii-aaa) "value addition" means processing, grading, packing or other activities due to which value is added to the agricultural produce;](xxiv)"weighman" means a person engaged in the business of weighing or measuring agricultural produce;(xxv)"year" means a period of twelve months commencing and ending on such dates as "may be prescribed.
