Section 2 in West Bengal Agricultural Produce Marketing (Regulation) Act, 1972
Section 2 in West Bengal Agricultural Produce Marketing (Regulation) Act, 1972
2. Definitions.
(1)In this Act, unless the context otherwise requires,-(a)"agricultural produce" means any produce of agriculture, horticulture, pisciculture, [sericulture,] forestry or animal husbandry or [and includes any related product] specified in the Schedule to this Act :Provided that the State Government may, by notification [ xxx ] , include any item of agricultural produce in the Schedule or exclude any such item from it;(b)"agriculturist" means a person who ordinarily by himself or by his tenant or hired labourer or otherwise, is engaged in the production and growth of agricultural produce, but does not include a trader or broker in agricultural produce notwithstanding that such trader or broker is also engaged in the production or growth of agricultural produce;(bb)[ "Board" means the West Bengal State Marketing Board established under sub-section (1) of section 36;] (c)"broker" means an agent whose ordinary course of business is to negotiate and make contracts on payment of commission for the purchase or sale of agricultural produce on behalf of his principal, but does not include a servant of such principal engaged in negotiating or making such contracts;(d)"commission agent" means a person who buys and sells agricultural produce for any person, keeps it in his custody and controls it during the process of its sale or puchase, and collects payment therefor from the buyer and pays it to the seller, and receives by way of remuneration a commission or percentage upon the amount involved in each transaction;(e)[ Director" means the Director of Marketing, West Bengal and includes the Additional Director of Agriculture (Marketing), West Bengal and the Joint Director of Agriculture (Marketing), West Bengal;] (ee)[ "licensed trader" means a trader licensed under section 13;] (f)[ "local authority" means in a municipal area, the municipal authority and in a notified area, the notified area authority, by whatever name called, and includes [a Town Committee, a Gram Panchayat, a Panchayat Samiti or a Zilla Parishad] or any such authority, by whatever name called;](g)"market" means a market established or declared as such under this Act for a market area and includes [a principal market yard and a sub-market yard,] if any;(h)"market area" means any area declared to be a market area under section 3:(i)"market committee" means a committee constituted under section 5;(ia)[ "market functionary" includes a trader, commission agent, broker, weighman. measurer, warehouseman or surveyor carrying on business in a market area on valid licence issued under section 13;] (i)[ xxx ] (jj)[ "market year" means the year commencing on the first day of April;] (k)"measurer" means a., person whose business is to measure a consignment of agricultural produce for sale;(kk)[ "notification" means a notification published in the Official Gazette;] (I)"prescribed" means prescribed by rules made under this Act;(kkk)[ "person" means an individual and includes a firm, a joint family, a local authority, an association or a body of individuals whether incorporated or not;] (m)"principal market yard" means any enclosure, building or locality within the [market area] declared to be a principal market yard under section 4(n)"retail sale" means a sale of any agricultural produce not exceeding such quantity as may, by rules made under this Act, be fixed in respect of such agricultural produce;(o)"Schedule" means the Schedule to this Act;(p)"Secretary" means a person appointed as such under section 14 and includes an officiating or acting secretary;(q)"standard weight" and "standard measure" have the same meanings respectively assigned to them in the West Bengal Standards of Weights and Measures (Enforcement) Act, 1958 (West Bengal Act No. 23 of 1958);(r)"sub-market yard" means any enclosure, building or locality within the [market area] declared to be a sub-market yard under section 4;(s)"surveyor" means a person whose business is to survey a consignment of agricultural produce for sale in regard to quality, refraction, adulteration and any other purposes;(t)"trader" means a person ordinarily engaged in [the business of purchasing and selling agricultural produce in such manner as may be prescribed] as a principal or as a duly authorised agent of one or more principals and includes a person ordinarily engaged in the business or processing or preservation of agricultural produce; [ * * *] (u)"trade allowance" means anything realised in cash or kind, by the purchaser from the seller in any transaction relating to agricultural produce either by deduction from the price agreed upon or otherwise;Explanation.-In this clause "purchaser" includes a commission agent;(v)"warehouseman" means a person whose business is to store agricultural produce in any building, structure or enclosure on behalf of persons depositing such produce; and(w)"weighman" means a person who, in the ordinary course of business, is engaged in the weighing of agricultural produce in connection with a transaction of sale or purchase thereof.(2)If any question arises as to whether a person is or is not an agriculturist or a trader within the meaning of this Act, the decision of the Director on such question shall be final :Provided that the Director shall give the person a reasonable opportunity of being heard before giving his decision.
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