Maharashtra Horticulture Development Corporation Act, 1984
No: 25 Dated: Nov, 16 1988
Maharashtra Horticulture Development Corporation Act, 1984
ACT No. XXV OF 1988
An Act to make a special provision for securing the orderly establishment in horticultural production in the State of Maharashtra, and for storage, transport, processing and marketing of horticulture produce and to assist generally in the organisation thereof and for the purpose of establishing Maharashtra Horticulture Development Corporation and for incidental and supplemental purposes connected with the matters aforesaid.
WHEREAS, it is expedient to make special provision for securing the orderly establishment in horticultural production in the State of Maharashtra and for storage, transport, processing and marketing of horticulture produce and to assist generally in the organisation thereof, and for the purpose of establishing Maharashtra Horticulture Development Corporation and for incidental and supplemental purposes connected with the matters aforesaid;
It is hereby enacted in the Thirty-fifth Year of the Republic of India as follows :-
CHAPTER I
PRELIMINARY
1. Short title, extent and Commencement:- (1) This Act may be called the Maharashtra Horticulture Development Corporation Act, 1984.
(2) It extends to the whole State of Maharashtra.
(3) It shall come into force from such date, as the State Government may, by notification in the Official Gazette, appoint.
2. Definitions:- In this Act, unless the context otherwise requires,-
(a) "amenity" includes development of plot of land, land development work of soil conservation, road, bridge, any other means of communication, transport, supply of water to crops by construction of canals, field channels, irrigation works, supply of electricity, any other source of energy, street lighting, drainge, sewerage, fencing or compound, markets and such other convenience and infrastructure as the State Government may, specify to be an amenity for the purposes of this Act;
(b) "annual expenditure" includes expenditure of recurring nature such as costs of inputs like water, fertilizer, pesticides, wages for the labour, maintenance expenditure for minor irrigation works, and compound, and other incidental expenditure on the items relevant to development works undertaken by the Corporation or by the plot-holder and also includes such other items as the State Government may specify, from time to time, by general or special order in this behalf;
(c) "approved beneficiary" means a person who is landless agricultural labour, or person from family below the poverty line and who is included in the list of approved beneficiaries by the Collector for the purposes of this Act;
(d) "capital expenditure" includes expenditure of non-recurring nature and on such items which create durable assets like land, land development, minor irrigation work, plantation material, construction of buildings and compound, or fencing, constructions of sheds, cost of training of personnel, expenditure on research or development and expenditure on amenities and also includes such other items as the State Government may specify, from time to time, by general or special order in this behalf;
Provided that, for the purposes of section 46, the expenditure incurred in construction ofbuildings for offices, staff quarters and laboratories including the laboratory equipments shall not be included in the capital expenditure;
(e) "Collector" means the Collector of the district, and includes any officer specially appointed by the State Government to perform the functions of a Collector under this Act;
(f) "Corporation" means the Maharashtra Horticulture Development Corporation established under section 3
(g) "development," with its grammatical variations, means the carrying out any land development or carrying out of any farm building operations or the making out of any material change in any building or land, growing nurseries, planting of horticultural crops, undertaking plant protection measures, processing of fruits, vegetables, spices and other horticulture or agricultural produce ; storing, warehousing and marketing of horticulture or agriculture produce obtained in the farm, introducing scientific management system of farm operations; and includes re-development and laying out of plots and sub-division of land into estates or farms, and also the provision of amenities ; and 'to develop' shall be construed accordingly;
(h) "estate" means any area or a plot of land on which the Corporation carries out its development activities for the purposes of this Act
(i) "farm" means any plot of land developed as a farm for the purposes of this Act;
(j) "farm building" means any structure or erection or part of a structure or erection which is located in the farm or outside the farm and is intended to be used for the following purposes :-
(a) for the storage of agricultural implements, manure or fodder,
(b) for the storage of agriculture or horticulture produce,
(c) for sheltering cattle,
(d) for residence of members of the family of the plot-holder, or
(e) for any other purpose which is an integral part of his cultivating arrangement;
(k) the expression "farming society" shall have the meaning assigned to it in clause Mah. (12) of section 2 of the Maharashtra Co-operative Societies Act, 1960 ; and which is XXIV registered under the said Act; of 1961.
(1) "horticulture" includes any activity undertaken in respect of obtaining horticulture produce
(m) "horticulture Produce" includes-
(i) fruit, including fresh, dried or frozen fruit, or by-product of any of them,
(ii) vegetables of any kind grown for human consumption,
(iii) spices, nuts, etc., (iv) flowers, (y) herbs, medicinal plants,
(vi) seeds, plants, trees and other planting material in respect of any of the produce described in sub-clauses (i) to (y)
(n) "land-holder" means a person lawfully in possession of land whether such possession is actual or not
(o) "marketing of horticulture produce" or "marketing of horticulture or agriculture produce" includes export of any such produce
(p) "plot-holder" means a person who has been allotted plot of land in the farm or estate under section 43
(q) "poverty line" means such level of the standard of living as the State Government may specify, from time to time, for the purposes of this Act;
(r) "prescribed" means prescribed by rules made by the State Government under this Act;
(s) "regulations" means regulations made under section 72
(t) "standard yield" means standard yield referred to in section 51;
(u) "surplus yield" means surplus yield referred to in section 52.