Arunachal Pradesh Agricultural Produce and Livestock Marketing (Promotion and Facilitation) Act, 2017
No: 10 Dated: May, 05 2018
THE ARUNACHAL PRADESH AGRICULTURE PRODUCE AND LIVESTOCK MARKETING (PROMOTION AND FACILITATION) ACT, 2017
(ACT N0.10 of 2018)
An Act to provide for geographical restricted trade transaction of Agriculture produce including livestock across the state and country; to give freedom to the agriculturist to sell their produce across time and space; to enhance transparency in trade operations and price settlement mechanism adoption of electronic and other and innovation form of technology .to promote emergence of multiple channels for competitive marketing, micro agri processing and agriculture export; to encourage investment in developing in markets and marketing infrastructure in state ofArunachal Pradesh; and as such it is expedient to put in place facilitative regulation, professional management and conducive frame work therefore and purposes connected therewith and to lay down procedures and system thereto;
Be it enacted by the legislative Assembly of Arunachal Pradesh in the Sixty eighth Year of Republic of India as follows.-
CHAPTER-I
PRELIMINARY
1. Short title and commencement : (1) This Act may be called the Arunachal Pradesh Agricultural Produce and Livestock Marketing (Promotion and Facilitation) Act, 2017
(2) It extends to the whole of Arunachal Pradesh.
(3) It shall come into force on such date as the State Government may, in the official Gazette notification, appoint.
2. Definition:- In this Act, unless there is anything repugnant in the subject or context-
(1) "Ad-hoc buyer" Include buyer to be registered under Section 74 of this Act;
(2) "Agricultural produce" includes all produce, whether processed or not, of agriculture, horticulture, apiculture , forest excluding trees grown on private land to be specified in the Schedule by the State Government from time to time as may be deemed expedient;
(a) "Agriculturist" means a person who is engaged in production of agricultural produce including rearing of livestock by himself or byhired labour or otherwise, including tenant;
(b) "Agriculturist" also includes association of farmers, by whatever name called. registered under any law for the time being in force and is engaged in aggregation of member farmers' produce including livestock;
(Explanation: If a question arises, as to whether any person is an agriculturist or not for the purpose of this Act, the decision of the Deputy Commissioner of the District shall be final. Further, the expressions of land holder and tenant shall have the meaning assigned to them in the respective Land Reforms Act of the States)
(3) "Assaying lab" means a laboratory set up, as prescribed in the Rules/Bye-laws/ guidelines/ instructions, for testing of quality parameters as per the tradable parameters or grade-standards or any other parameters notified by the competent authority;
(4) "Board" means theArunachal Pradesh Agricultural Produce Livestock Marketing Board, established by respective State Government of Arunachal Pradesh;
(5) "Buyer" means a person, who himself or itself or on behalf of any person or agent buys or agrees to buy agricultural produce including livestock in the market;
(6) "Bye-laws" means subject to any Rules made by State Government under this Act, the Market Committee may, in respect of principal market yard and submarket yard(s) or other sub market- yard(s) under its management, make Byelaws for the regulation of business and conditions of trading therein";
(7) "Cold storage" means cold storage declared as market sub-yard under Section 12 of this Act";
(8) "Commission agent'' means a person who buys or sells agricultural produce including livestock on behalf of his principal, or facilitates buying and selling at primary and other level of transaction, on e-platform or any other mode of transaction and activities ancillary thereto , keeps it in his custody and controls it during t.he process of its sale or purchase, and collects payment thereof, if required, from the buyer and pays it to the seller, and receives by way of remuneration a commission or percentage upon the amount involved in such transaction;
(9) "Delineated Market Area" means a geographical area notified under Section 5 for the purpose of election of the Members of Market Committee and undertaking marketing related development therein ;
(10) "Director" means Director of Agricultural Marketing or any other officer, except Managing Director of State Agricultural Marketing Board, appointed by the State Government by notification to exercise and/or perform such of the powers or functions of the Director of Agricultural Marketing under the provisions of this Act or the Rules, as may be prescribed in notification;
(11) "Direct marketing" in relation to agricultural produce, means direct wholesale purchase of agricultural produce from the farmers by the processors, exporters, bulk buyers, etc outside the principal market yard, sub-market yard, private market yard and market sub-yard under section 13 of this Act;
(12) "Electronic trading" means trading of notified agricultural produce including livestock in which registration, auctioning, billing, bookinq.contractinq, negotiating, information exchanging, record keeping and other connected activities are done electronically on computer network/ internet;
(13) "Electronic trading platform" means electronic platform set up either by State Government or its agencies or a person licenced under section 49 for conducting trading in notified agricultural produce including livestock through electronic media or by any means of communication in which registration, buying and selling, billing, booking, contracting and negotiating are carried out online through computer network/ internet or any other such electronic device;
(14) "Export" means dispatch of agricultural produce including livestock outside India;
(15) "Farmer-Consumer Market Yard" means market yard established under section 11 of this Act;
(16) "Farmer-Producer Company (FPC)" means a company of farmer-producer members as defined in section IXA of the Indian Companies Act, 1956, including any amendments thereto, re-enactment thereof and incorporated with the Registrar of Companies;
(17) "Government" means the State Government of Arunachal Pradesh.
(18) "Government Agency" means State Agricultural Marketing Department/ Directorate, Arunachal Pradesh Agricultural Produce and Livestock Marketing Board (APAPLMB), Arunachal Pradesh Agricultural Produce and Livestock Market Committee (APAPLMC) established or constituted under this Act;
(19) "Licence" means licence granted under the provisions of this Act;
(20) "Licensee" means a person holding a licence issued under the provisions of this Act;
(21) "Livestock" means cows, mithun, yak, buffaloes , bullocks, bulls, pigs, goats and sheep, and includes poultry, fish and such other animals, and products thereof, as may be specified in the Schedule by the state Government as may be deemed expedient;
(22) "Managing Director" means Managing Director of the Arunachal Pradesh Agricultural Produce and Livestock Marketing Board or any other Officer, except the Director of Agricultural Marketing appointed by the State Government to exercise and/ or Reform such of the power and functions of the Managing Director.
(23) "Market Committee" means the Aqricultural Produce and Livestock Market Committee established under the provisions of this Act or already established if any, under any other law for the time being in force.
(24) "Marketing" in relation to agriculture produce means all activities involved in the flow of agricultural produce from production point commencing at the stage of harvest till the same reaches the ultimate consumers viz. grading, processing, storage, transport, channels of distribution and all other functions involved in the process;
(25) "Market Sub-Yard" means warehouse/ silos/ cold storage or other such structure or place declared to be market sub-yard or deem to be market sub-yard under section 12;
(26) "Market Yard" in relation to delineated market area includes principal market yard, sub -market yard and market sub-yard in such delineated market area notified by the Government, and managed and operated by the Agricultural Produce and Livestock Market Committee;
(27) "Market Yard of National Importance" means a market yard as notified under Section 9 of this Act; ·
(28) "National Agriculture Market (NAM)" means an integrated market, without prejudice to any law for the time being in force, where buying and selling of notified agricultural produce including livestock and activities incidental thereto are carried out in India possessing marketing utility across time and space";
(29) "Notified Agricultural Produce and Livestock" means agricultural produce and livestock, as may be specified in the Schedule of this Act by the state Government from time to time as may be deemed expedient;
(30) "Over trading" in relation to a trader means the amount exceeding the value of the agricultural produce including livestock purchased at any point of time vis-a-vis to the amount of security deposited with or the bank guarantee he has furnished to the Market Committee;
(31) "Petty Trader" in relation to agricultural produce means a non licensee trader under this Act who carries on purchasing or selling of notified agricultural produce in the quantity not exceeding of such quantity as specified in this Act and notified by the State Government· as retail ;
(32) "Prescribed" means prescribed by Rules and/or Bye-laws made under this Act;
(33) "Private Market Yard" means a market yard established under section 10 of this Act;
(34) "Processing Unit" means processing unit declared as market sub-yard under Section 12 of this Act";
(35) "Processor" in relation to agriculture produce means a person that undertakes processing of any notified agricultural produce on his own accord or on payment of a charge;
(36) "Registration" means registration made under this Act for the purpose as may be specified;
(37) "Regulation" means regulation made by the Board under section 92 in accordance with the provisions of this Act;
(38) "Retail Sale" in relation to a notified agricultural produce means, a sale not exceeding such quantity as specified in this Act and notified by the State Government ;
(39) "Revolving Market Development Fund" means a non-lapsable fund maintained by Director under section 101 (1) of this Act;
(40) "Rules" means rules made under this Act by the State Government;
(41) "Seller" means a person who sells or agrees to sell agricultural produce including livestock for consideration of price;
(42) "Schedule" means the Schedule to be made by the Government from time to time, as may be deemed expedient;
(43) "Silo" means silo declared as market sub-yard under Section 12 of this Act;
( 44) "Special Commodity Market Yard" means a market yard as notified under section 8 of this Act;
(45) "State" means a State as specified in 1st Schedule of the Constitution of India;
(46) "Trader" means, a person who buys notified agricultural produce including livestock either for himself or as an agent of one or more persons for the purpose of selling, processing, manufacturing or for any other purpose, as the case may be , except for the purpose of domestic consumption ;
(47) "Year" means the year as may be notified by the State Government of Arunachal Pradesh;
(48) "Warehouse" means warehouse declared as market sub-yard under Section 12 of this Act".