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State of Arunachal Pradesh - Section

Section 2 in Arunachal Pradesh (Horticultural Produce, Marketing and Processing) Board Act, 2014

2. Definition.

- In this Act unless the context otherwise requires -
(i)"Horticultural Produce" means all produce and commodities whether processed or unprocessed, of Horticulture produce as are specified in the Schedule to this Act or declared by the Government of Arunachal Pradesh by notification under section 19 of this Act and also includes a mixture of two or more than two products.
(ii)"Horticulture grower/Producer" means a person who is bonafide Arunachalee and possesses land in Arunachal Pradesh who is engaged in production of horticultural produce by himself/herself or by hired labour or otherwise, but not include any market functionary.
(iii)"Board" means Arunachal Pradesh Horticultural Produce Marketing and Processing Board established under section 3 of this Act.
(iv)"Business" means purchase, sale, processing, value addition, storage, transportation and connected to activities of Horticultural produce.
(v)"Buyer" means a firm, a company or a Cooperative Society or Government agency, Public Undertaking/Public Agency or on behalf of any other person or agent who buys or agrees to buy horticultural produce in the market areas.
(vi)"Bye-Laws" means the bye-laws made by the Board for the Committee under section of 78 of this Act.
(vii)"Chairman" means Chairman of the Board.
(viii)"Commission agent" means a person who on behalf of his principal trader and in consideration of a commission or percentage on the amount involved in such transaction buys horticultural produces and makes payment, keeps it in his custody and delivers it to the principal trader in due course or who receives and takes in his custody horticultural produce for sale within the market areas or from outside the market area and sells the same in the market area and collect payment thereof from the buyer and remits the sale proceeds to his principal trader.
(ix)"Committee" means horticultural produce market committee established under section 29;
(x)"Contract farming" means farming by a person called "contract farming producer" under a written agreement with another person called "contract farming sponsor" to the effect that his farm produce shall be purchased as specified in the agreement;
Explanation. - "Contract Farming Producer" means an individual horticultural growers or an association of growers by whatever name called registered under any law for the time being enforce.
(xi)"Cooperative Society" means a Cooperative Society of producers registered under the provisions of the Arunachal Pradesh Cooperative Society Act 1979 which deals in the purchase, sale, processing, or storage of Horticultural produce or is otherwise engaged in the business of disposal of horticultural produce.
(xii)"Export" means dispatch of horticultural produce outside India.
(xiii)"Exporter" means a person who exports horticultural produce.
(xiv)"E-trading" means trading in which billing, booking, contracting, negotiating, information exchange, record keeping, and other connected activities are done electronically on computer/Internet.
(xv)"Labour" means, a person engaged in loading, unloading, filling, stitching, emptying, carrying, cleaning, drying, grading, storing,stacking,bagging,stamping etc of any horticultural produce in the notified market area.
(xvi)"Import" means bringing horticultural produce from outside India.
(xvii)"Importers" means a person who imports horticultural produce from outside India.
(xviii)"License" means license granted under section 25 of the Act.
(xix)"Licensee" means a person or association, firm, company, public sector undertaking or society holding a license issued under this Act.
(xx)"Market" means a market established under section 19 of this Act which includes market area, market yard/sub-yards and principal market.
(xxi)"Market area" means area notified under section 19 of this Act.
(xxii)"Market charges" includes on account of or in respect of commission, brokerage, weighing, measuring, loading, unloading, or carrying, cleaning, drying, sieving, stitching, stacking, hiring, gunny bags, stamping, bagging, storing, warehousing, grading, surveying, transporting and processing.
(xxiii)"Market functionaries" means a trader, a commission agent, buyer, processor, a stockiest, and any other person as may be declared by the State Government.
(xxiv)"Market Yards" in relation to a market area means a specified place and includes any enclosures, buildings or locality declared as such in any market by the State Government by notification.
(xxv)"Member" means Member of the Board and including the Chairman of the Board.
(xxvi)"Marketing" means all activities involved in the flow of Horticultural produce from the production points commencing from the stage of harvest till they reach the ultimate consumers, viz, grading, processing, storage, transport, channels of distribution and ail other functions involved in the process.
(xxvii)"Notification" means notification issued under this Act and published in the official gazette.
(xxviii)"Notified horticultural produce" means any horticultural produce notified under section 19 of this Act.
(xxix)"Person" means includes any individual, any company, or association whether corporate or not.
(xxx)"Producer" means a person who in his normal course of avocation, grows, manufactures, rears or produces, as the case may be, horticultural produce personally, through or otherwise but not doesn't includes a person who work as trader or a brokers or who is partner of the company or firm of traders or brokers otherwise engaged in the business of disposal or storage of horticultural produce other than grown, manufactured, reared or by himself through tenants or otherwise.
(xxxi)"Prescribed" means prescribed by rule made under this Act.
(xxxii)"Processing" means any one or more of a series of treatments relating to powdering, crushing, decorticating, de-husking,parboiling, polishing, Ginning, pressing, curing, cleaning, or any other manual, Mechanical, chemical or physical treatments to the raw horticultural produce or its products is subjected to.
(xxxiii)"Processor" means a person who undertakes processing of any notified horticultural produce on his own accord or on payment of a charge.
(xxxiv)"Private market yard" means such place other than the market yard/sub-market yard in the notified market area where infrastructure has been developed and managed by a person for making of notified horticultural produce holding a license for this purpose under this Act.
(xxxv)"Registration" means registration done under this Act.
(xxxvi)"Regulation" means regulations made by the Board under section-70 of this Act.
(xxxvii)"Retail rate" means sale of horticultural produce not exceeding such amount as may be prescribed.
(xxxviii)"State Government" means the Government of Arunachal Pradesh.
(xxxix)"Seller" a person who sells or agrees to sell any horticultural produce.
(xxxx)"Trader" means a person who in his course of business buys or sells any notified horticultural produce and includes a person engaged in processing of horticultural produce but doesn't includes growers,
(xxxxi)"Transportation" means taking horticultural produce by push cart, bullock cart, truck other vehicle etc. in course of business for marketing from one place to another.
(xxxxii)"Transporter" means a person who transport horticultural produce.
(xxxxiii)"Value addition" means processing, grading, packaging or other activities due to which value is added to horticultural produce.
(xxxxiv)"Managing Director" means any person appointed by the State Government for the purpose of this Act.
(xxxxv)"Secretary" means the Secretary of the market committee and includes any other officers empowered to exercise such powers and functions of the secretary.
Chapter - II Establishment, Constitution, Powers and Functions of The Board