Assam Agricultural Produce Market Act, 1972
No: 23 Dated: Sep, 24 1974
THE ASSAM AGRICULTURAL PRODUCE MARKET ACT, 1972
Assam Act No. 23 of 1974
An Act to provide for better regulation of buying and selling of agricultural produce and the establishment of markets for agricultural produce in the State of Assam and for matters connected therewith.
Preamble. - Whereas it is expedient to provide for better regulation of buying and selling of agricultural produce in the State of Assam and establishment of regulated markets for agricultural produce;
And whereas the previous sanction of the President of India under the proviso to Article 304 (b) of the Constitution of India has been obtained for the introduction of the Bill in the Legislative Assembly;
It is hereby enacted in the Twenty-third year of the Republic of India as follows :
CHAPTER I
Preliminary
1. Short title, extent and commencement. - (1) This Act may be called the Assam Agricultural Produce Market Act, 1972.
(2) It shall extend to such area or areas of the State of Assam as may be notified by the State Government from time to time in the official Gazette :
(3) It shall come into force on such date as the State Government may, by notification in the official Gazette, appoint.
2. Definitions. - (1) In this Act, unless there is anything repugnant in the subject or context-
(i) "Agricultural produce" means and includes any produce whether processed or non-processed of agriculture, horticulture, animal husbandry, pisciculture, sericulture and forest as 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 of agricultural produce but does not include a dealer or broker in agricultural produce although such a dealer or broker may also be engaged in the production or growth of agricultural produce;
(iii) "Gaon Panchayat" means a Panchayat established under the provisions of the Assam Panchayat Act, 1972
(iv) "Board" paeans the State Agricultural Marketing Board constituted under Section 3;
(v) "Broker" means an agent, whose ordinary course of business is to negotiate and make contracts for the purchase or sale of agricultural produce on behalf of his principal and who is remunerated by commission; but does not include the servant of such principal whether engaged in negotiating or making such contracts;
(vi) "Bye-laws" means bye-laws made under Section 50;
(vii) "Certificate Officer" means the officer so defined in the Bengal Public Demands Recovery Act, 1913 (Bengal Act 11 of 1913);
(viii) "Commission Agent" means a person who on behalf of another person and in consideration of commission makes or offers to make purchase or sale of agricultural produce or does or offers to do anything necessary for completing and carrying out such purchase or sale;
(ix) "Co-operative Bank" means the Assam Co-operative Apex Bank Ltd., registered under the Assam Co-operative Societies Registration Act, 1949 (Act 1 of 1950) or any other Co-operative Bank formed for the State of Assam as an Apex Bank and includes a District Central Co-operative Bank;
(x) "Co-operative Marketing Society" means a Co-operative Society registered under the Assam Co-operative Societies Act, 1949 which has as its principal object the promotion of the sale of agricultural produce grown, reared or produced by its members or which is declared as such or equivalent thereto by the State Government;
(xi) "Director" means the Officer appointed by the State Government to discharge all or any of the functions of the Director under this Act;
(xii) "District Council" means a District Council, constituted under paragraph 2 of the Sixth Schedule to the Constitution of India;
(xiii) “ Gaon Panchayat” means a Gaon Panchayat established under the Assam Panchavati Raj Act, 1972;
(xiv) "Licensee" means a person or association, firm or company granted a licence under this Act;
(xv) "Local authority" means a Corporation, a Municipal Board or a Town Committee, a Zilla Parishad or a Gaon Panchayat;
(xvi) "Market" means a regulated market established under this Act for the market area and includes a market proper, a principal market-yard and a sub-market-yard or yards, if any;
(xvii) "Market area" means any area declared to be a market area under Section 5;
(xviii) "Market Committee" means a Committee established under Section 7;
(xix) "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 State Government may, by a notification in the official Gazette, declare it to be a market proper;
(xx) "Market year" means the financial year adopted and followed by the State Government;
(xxi) "Measurer" means a person whose business is to measure consignment of agricultural produce for sale;
(xxii) "Zilla Parishad" means a Zilla Parishad established under sub-section (1) of Section 64 of the Assam Panchayati Act, 1972
(xxiii) "Notification" means a notification published in the official Gazette;
(xxiv) "Specified Agricultural" means any or all the terms included in the Schedule to this Act";
(xxv) "Prescribed" means prescribed by rules made under this Act;
(xxvi) "Principal market-yard" and "sub-market yard" means an enclosure, building or locality declared to be a principal market yard and sub-market yard respectively in the official Gazette by the State Government;
(xxvii) "Progressive producer" means a producer who in the opinion of the Director of Agriculture, Assam carries on agricultural production on improved method;
(xxviii) "Proprietor" means the owner of a market and includes any person who is in actual charge and/or in direct control of the market whether such person is the owner of the market or is the lessee thereof or is acting on behalf of such owner or lessee;
(xxix) "Register" means the Registrar of the Co-operative Societies Assam;
(xxx) "Retail sale" means a sale of any agricultural produce not exceeding such quantity as may, by by-laws or rules, be fixed in respect of such agricultural produce;
(xxxi) "Rules" means rules made under this Act;
(xxxii) "State Government" means the State Government of Assam;
(xxxiii) "Schedule" means a Schedule to this Act;
(xxxiv) "Secretary" means the Chief Executive of the Market Committee and includes officiating, acting Deputy and Assistant Secretary;-
(xxxv) "Surveyor" means a person whose business is to survey a consignment of agricultural produce for sale in regard to quantity, grade, refraction, adulteration and such other purposes;
(xxxvi) "Trade" means any kind of transaction of sale and purchase or any kind of remuneration of sale and purchase of any agricultural produce;
(xxxvii) "Trader" means a person ordinarily engaged in the business of buying and selling of agricultural produce as principal or a duly authorised agent of one or more principals and includes a person ordinarily engaged in the business of processing of agricultural produce;
(xxxviii) "Warehousing Corporation" means the State Warehousing Corporation established in Assam under Section 18 of the Warehousing Corporation Act, 1972;
(xxxix) "Weighman" means a person whose business is to weigh a consignment of agricultural produce for sale.
(xl) "Marketing Board Fund" means the Assam State Agricultural Marketing Board Fund established under Section 3B of this Act.
(2) If a question arises whether a person is or is not an agriculturist or trader for the purpose of this Act, it will be decided in the manner prescribed and the decision of the State Government thereon shall be final.
Explanation. - For the purpose of the Act, the word "person" includes any firm, joint family, association or body of individuals whether incorporated or not.