Meghalaya Agricultural Produce Market Act,1980
No: 1 Dated: Feb, 06 1981
THE MEGHALAYA AGRICULTURAL PRODUCE MARKET ACT, 1980
ACT 1 OF 1981
An Act to provide for better regulation of buying and selling of certain agricultural produce and the establishment of markets therefor in the State of Meghalaya and for matters connected therewith Be it enacted by the Legislature of Meghalaya in the Thirtieth Year of the Republic of India as follows:-
1. Short title, extent and commencement:- (1) This Act may be called the Meghalaya Agricultural Produce Market Act, 1981.
(2) It extends to the whole of the State of Meghalaya.
(3) It shall come into force in such area and on such dates as the State Government may, by notification, in the Official Gazette, appoint and different dates may be appointed for different areas.
2. Definition:- In this Act, unless the context other-wise requires,
(i) “Agricultural Produce” 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 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) “Board” means the Meghalaya State Agricultural Marketing Board constituted under Section 3;
(iv) “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;
(v) “Bye laws” means bye-laws made under Section 53;
(vi) “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 such purchase or sale;
(vii) “Co-operative Agent” means the Meghalaya Co- operative Apex Bank Ltd,. Registered under the Meghalaya Co-operative Societies Act (Assam Act 1 of 1950 as adapted by Meghalaya) or any other Cooperative Bank formed in the State of Meghalaya;
(viii) “Co-operative Marketing Society” means a Co- operative Society registered under the Meghalaya Co- operative Societies Act (Assam Act 1 of 1950 as adapted by Meghalaya) which has as its principal object the promotion of the sale of agricultural produce grown, reared or produced by its members or a Co-operative Society registered as such and declared to be equivalent to a Co-operative Marketing Society, by the State Government;
(ix) “Director” means the Director of Agriculture, Meghalaya and includes any other person or authority authorised by the Government, by notification, to perform the functions of the Director under this Act for such an area as may be specified in the notification;
(x) “District Council” means a District Council constituted under paragraph 2 of Sixth Schedule to the Constitution of India;
(xi) “Licence” means a person to whom a license is granted under this Act;
(xii) “Local authority” means a Municipal Corporation, a Municipal Board or a Town Committee constituted under any law in force;
(xiii) “Market” means a market established and regulated 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;
(xiv) “Market area” means any area declared to be a market area under Section 11;
(xv) “Market Committee” means a Committee established under Section 13;
(xvi) “Market proper” means any area including all lands with the buildings and structures thereon within such distance of the principal or sub-market yard declared to be a market proper under clause (b) of Section 12 (2);
(xvii)“Measurer” means a person whose business is to measure consignments of agricultural produce for sale ;
(xviii) “Notified” Agricultural produce means the agricultural produce specified as such under Section 11;
(xix) “Prescribed” means prescribed by rules made under this Act;
(xx) “Principal Market Yard” and “sub-market yard” means an enclosure, building or locality in a market area declared to be a principal market yard and sub-market yard, respectively, under clause (a) of Section 12 (2).
(xxi) “Progressive producer” means a producer who in the opinion of the Director carries on agricultural production on improved method;
(xxii)“Registrar” means the Registrar of Co-operative Societies, Meghalaya;
(xxiii) “Retail Sale” means a sale of any agricultural produce not exceeding such quantity as may be fixed by bye-laws or rules in respect of such agricultural produce;
(xxiv) “Rules” means rules made under this Act;
(xxv) “State Government” means the State Government of Meghalaya;
(xxvi) “Schedule” means a schedule to this Act;
(xxvii) “Secretary” means the Chief Executive of the market committee and includes officiating, acting, Deputy and Assistant Secretary;