Assam Agricultural Produce Market Act, 1972
[Act No. 23 of 1974]
[3rd September, 1974]
Preamble
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.
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
Section 1 - Short title, extent and commencement
(1) This Act may be called the
(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.
Section 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 of broker may also be engaged in the production or growth of agricultural produce although such a dealer or broker may also be engaged in the production or growth of agricultural --produce;
(iii) "
(iv) "Board" means the State Agricultural Marketing Board constituted under S.3;
(v) "Broker" means an agent, whose ordinary course of business is to negotiate and make contracts for the purchase of 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 S.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 Cooperative 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
(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 Mohkuma Parishad or a
(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 S.5;
(xviii) "Market Committee" means Committee established under S.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 consignments of agricultural produce for sale;
(xxii) "Mohkuma Parishad" means a
(xxiii) "Notification" means a notification published in the official Gazette;
(xxiv) "Notified agricultural produce" means the agricultural produce specified in the notification issued by the State government under sub-S.(1) of S.5;
(xxv) "Prescribed" means prescribed by rules made under this Act;
(xxvi) "Principal market-yard" and "sub-market year" 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,
(xxvii) "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) "Registrar" 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 bye-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 quality 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 a 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
(xxxix) "Weighman" means a person whose business is to weight a consignment of agricultural produce for sale.
(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.
Footnote:
*Sic. Definition of "
Section 3 - Constitution of State Agricultural Marketing Board
(1) The State Government may, for exercising the powers conferred on and duties assigned to the Board by or under this Act, establish and constitute a State Agricultural marketing Board consisting of Chairman and 12 other members to be nominated by the State Government as follows:
(a) One non-official Chairman;
(b) Officials of the Government of
(i) Director of
(ii) Director of Veterinary and
(iii) Director of
(iv) Director of Municipal Administration,
(v) Registrar of Co-operative Societies,
(vi) Secretary,
(C) Non-officials-
(i) one agriculturist member of the Market Committees.
(ii) one representative from Agricultural Farming Corporation Act 1973;
(iii) two progressive producers;
(iv) one licensee;
(v) one from amongst the members of the Co-operative Marketing Societies represented in the Market Committees.
(2) The State Government shall nominate an officer of the Agriculture Department not below the rank of a Joint Director to be the Secretary of the Board.
(3) The Board shall be a body corporate by the name of the State Agricultural Marketing Board having perpetual succession and a common seal, with power subject to the provisions of this Act, to acquire and hold property and shall by the said name sue and be sued.
(4) The term of the office of the Board shall be three years from the date of its first meeting or till its reconstitution, whichever is earlier:
Provided that any non-official member nominated under Cl. (C) of sub-S.(1) of this section shall cease to be a member of the Board from the date he ceases to be a member of a Market Committee, representative of Agricultural Farming Corporation, or a licensee or a member of the Co-operative Society represented in the Market Committee, as the case may be.
(3) No person shall be eligible to become a Chairman or a member of the Board who-
(a) does not ordinarily reside within the State of Assam;
(b) is below twenty-one years of age;
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