Arunachal Pradesh Agricultural Produce Marketing (Regulation) Act, 1989
No: 6 Dated: Sep, 14 1990
THE ARUNACHAL PRADESH AGRICULTURAL PRODUCE MARKETING (REGULATION) ACT,1989
(ACT NO. 6 OF 1990)
An Act to provide for the better regulation of marketing of agricultural produce and the establishment and proper administration of markets for agricultural produce in the State of Arunachal Pradesh.
Be it enacted by the Legislative Assembly of Arunachal Pradesh in the Fortieth Year of the Republic of India as follows :
CHAPTER-I
PRELIMINARY
1. Short title, extent and commencement:-(1) This act may be called the Arunachal Pradesh Agricultural Produce Marketing (Regulation) Act, 1989.
(2) it extends to the whole of Arunachal Pradesh.
(3) It shall come into force on such date as the Government may by notification in the Official Gazette, appoint.
2. Definitions:- In this Act, unless the context otherwise requires,-
(l) "agricultural produce" means all produce and commodities, whether processed or unprocessed, of agriculture, horticulture, apiculture,pisciculture,viticulture, sericulture, animal husbandry, fleeces and skins of animals, forest products etc. as may be prescribed or declared by the Government by notification and also includes admixture of two or more of such produces. Definitions.
(2) "agriculturist" means a person who ordinarily by his own labour or by the labour of any member of his family or who by the labour of his tenants or by servants or hired labour or otherwise is engaged in the production or growth of agricultural produce, but does not include trader, commission agent, processor or broker or a partner in a trading farm or industrial concern in or in relation to agricultural produce.:
Provide that if a question arises whether any person is an agriculturist or not for the purpose of this Act, the decision of the Deputy Commissioner of the District which such person is engaged in the production or growth of agricultural produce shall be final;
(3) "Board" means the Arunachal Pradesh Agricultural Marketing Board constituted under Section 44 of this Act :
(4) "Buyer" means an agent who in consideration of commission merely negotiates and brings about contract for the purchase or sale of notified agricultural produce on behalf of his principal, but does not receive, deliver, transport. pay for the purchase of or collect the payment for the sale of notified agricultural produce;
(5) "buyer or purchaser" means a farm a persona company or cooperative society or Government agency, public undertaking, public agency or corporation, commission agent who himself or on behalf of any person or agent buys or agrees to buy agricultural produce in the market area as notified under this Act or rules made thereunder;
(6) "commission agent" or "arhetia" 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 seller or purchaser of agricultural produce within or outside the market area or keep it in his custody and controls it during the process of its sale or purchase and collects payment thereof for a commission agent or arhetia ;
(7) "Director" means any person appointed by the Government as Director of Agriculture Marketing for the purpose of this Act and includes any officer empowered by the Government to exercises or perform the powers and functions of the Director under this Act or Rules or the bye laws made thereunder;
(8) "Deputy Commissioner" means the Deputy Commissioner of the district concerned and includes Additional Deputy Commissioner:
(9) "Government" means the Government of Arunachal Pradesh;
(10) "Hamal" means a labour, hamal or coolie engaged for paramaking, loading unloading, filling, stitching, emptying or carrying any agricultural produce in the notified market area;
(11) "licence" means a licence granted under this Act. :
(12) "licensee" means a person or association, farm company, Public Sector-undertaking or society holding a licence issued under this Act
(13) "local authority" means for the purpose of representation on the Market Committee in relation to an area within the local limits of. -
(i) in any Municipal area, the Municipal Corporation, the Municipal Council, the Cantonment Board, the Sanitary Board, the Town Committee, Town Improvement Trust or the Notified Committee or any authority for such area ;
(ii) in any rural area, the Village Panchayat, Zila Parishad, or Anchal Samiti or any other authority constituted under the NEFA Panchayat Raj Regulation, 1961 :
(14) "market area" means any area notified as market area under section 4 of this Act
{15) "market charges" includes charges on account or in respect of cornrmssron, brokerage, weighing,measuring,hamali (loading, unloading and carrying) cleaning, drying, sewing, stitching, stacking, hiring, gunny-bags, stamping, bagging, storing, warehousing, grading, surveying, transporting and processing :
(16) "Market Committee" means any committee constituted as Market Committee under Section 10 of this Act;
(17) "market functionary" means a dealer, a broker, a commission agent, buyer, hamal, processor, a stockist, a trader and such other person as may be declared to be market functionary under the rules or bye-laws made under this Act;
(18) "marketing" means buying and selling of agricultural produce and includes grading, processing, storages transport, channels of distribution and any other functions associated with the buying and selling;
(19) "market proper" means any area including all lands with the buildings and structures thereon within such distance of the principal or sub-market yard as the Government may by a notification, declare it to be a market proper;
(20) "notified agricultural produce" means any agricultural produce notified under section 4 of this Act;
(21) "principal market yard" in relation to a market area means a specified place and includes any enclosures, buildings or locality declared as such in any market area by the Government or by the Director, by notification ;
(22) "processing" means any one or more of series of treatment relating to powdering, crushing decorticating, husking, 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:
(23) "processor" means a person who processes any notified agricultural produce on his own accord or on payment of a charge;
(24) "Regulation" means a Regulation made under section 51 of this Act;
(25) "retail sale" in relation to a notified agricultural produce means a sale not exceeding such quantity, as the Market Committee may determine to be a retail sale in respect thereof;
(26) "Secretary" means the Secretary of a Market Committee and includes any other officer empowered to exercise such powers and functions of the Secretary :
(27) "seller" means a person who sells or agrees to sell any agricultural produce and includes a person who sells on behalf of any other person as his agent or servant or commission agent :
(28) "sub-market yard" in relation to a market area means a specified place and includes any enclosure, building or locality. declared as such in any market area by the Government or the Director, by notification ;
(29) "trade allowances" means anything realised in cash or kind by the purchaser from seller in any transaction relating to agricultural produce, either by deduction from the price agreed upon or otherwise;
(30) "trader" means any person who in his normal course carries on the business of buying or selling, storing or processing of any agricultural produce as a principal or an authorised agent.
CHAPTER -II
CONSTITUTION AND REGULATION OF AREAS
3. Notification of intention of exercising control over purchase and sale of agricultural produce in specified areas:- (1) The Government may, by notification in the Official Gazette, declare its intention of regulating the purchase and sale of such agricultural produce in such areas as may be specified in the notification.
(2) The notification under sub-section (I) shall state that any objection or suggestion received by the Government within a period of not less than one month to be specified in the notification under sub-section (I) shall be considered by the Government.