Arunachal Pradesh Horticultural Produce Marketing and Processing Board Act, 2014
No: 9 Dated: Jun, 05 2014
THE ARUNACHAL PRADESH (HORTICULTURAL PRODUCE, MARKETING AND PBOCESSING) BOARD ACT, 2014
(ACT NO. I OF 2014)
An Act to provide for improved regulation in marketing of horticultural produce, development ofeflicient marketing system by constituting State Marketing and Processing Board for promotion of horti-processing and horticultural exports, establishment and proper administration of markets for horticultural produce in the State of Arunachal Pradesh and to ensure level playing field lor competitlve markets to operate through setting up of minimum standards for facilities, procedures and system, thereby promoting the establishment of well administered and efficient infrastructure for marketing of horticultural produce in and from the Sate ofArunachal Pradesh and matters connected therewith and incidental thereto.
BE it enacted by the Government of Arunachal Pradesh in the SixtyJifth Year of the Republic of lndia, as follows :
CHAPTER-I
PRELIMINARY
1. Short title, Extent and commencement:- (1) This Act may be called the Arunachal Pradesh Horticultural Produce Marketing and Processing Board Act, 2014.
(2) lt shall extend to whole of Arunachal Pradesh.
(3) lt shall come into force on such date as the Sate Government may by notilication in the Official Gazette appoint.
2. Definition:- ln 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 funclionary
(iii) "Board" means Arunachal Pradesh Horticultural Produce l/arketing 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 behall of any other person or agent who buys or agrees to buy horticultural produce in the markel 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 ofa 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 lakes in his custody horticultural produce lor sale within the market areas or from oulside 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 producei'under a written agreement with another person called "contract farming sponsol,'to the effect that his larm 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 SocietyAct 1979 which deals in the purchase, sale, processing, or storage of Horticultural produce or is otheMise engaged in the business of disposal of horticultural produce.
(xii) "Export" means dispatch ofhorticultural produce outside lndia.
(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 computeri lnternet.
(xv) "Labour" means, a person engaged in loading, unloading, lilling, stitch ing, emptying, carrying, cleaning, drying, grading, storing,stacking,bagging,stamping etc of any horticultural produce in the notified market area.
(xvi) "lmport" means bringing horticultural produce from outside lndia.
(xvii) "lmporters" means a person who imports horticultural produce from outside lndia.
(xviii) "License" means license granted under section 25 ofthe Act.
(xix) 'Licensee" means a person or association, firm, company, public sector undertaking or soclety 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 ofor in respect of commission, brokerage, weighing, measuring, loading, unloading, or carrying, cleaning, drying, sieving, stitching, slacking. 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 ot the Board.
(xxvi) "Marketing" means all activities involved in the flow of Horticul-tural produce tromthe production points commencing lrom the stage of harvest till they reach the ultimate consumers. viz, grading, p rocessing. storage, transport, channels ofdistribution and all other tunctions involved in the process.
(xxvii) "Notification" means notification issued under this Act and published in the official gazette.
(xxviii) "Notilied 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 ofavocation, 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 othenvise.