The Nagaland Agriculture Produce Marketing (Development & Regulation) Act,2005

CHAPTER 1 PRELIMINARY Short title, extent and commencement 1. (1) This Act may be called the Nagaland Agriculture Produce Marketing (Development and Regulation) Act, 2005 (2) It extends to the whole of Nagaland. (3) It shall come into force at once. Definitions: 2. In this act, unless the context otherwise requires: (1) "agriculture produce" means all produce and commodities whether processed or unprocessed, of agriculture, horticulture, apiculture, sericulture, livestock including products of live stock like fleeces (raw wool), skins of animals etc, as well as forest products as are specified in the schedule or declared by the Government, by notification, from time to time and further includes combination of two or more such produce or commodities (2) "agriculturist" means a person who is a resident of the notified area of the market and who is engaged in production of agricultural produce by himself or by hired labour or otherwise, but does not include any market functionary and, in case of any doubt in this behalf, the decision of the Deputy Commissioner of the district in which the person is engaged in the production or growth of the agriculture produce shall be final. (3) "bill" means bill issued by the traders as prescribed. (4) "board" means the Nagaland State Agriculture Marketing Board established under Section 60 of this Act (5) "business" means purchase, sale, processing, value addition, storage, transportation and all connection activities relating to agricultural produce; (6) "buyer" means a person or a firm or a company or a co-operative Society or a Government Agency or a Public undertaking or a corporation or a corporation or a commission agent, or a combination of more than one of these bodies, who himself or on behalf of any other person or agent, buys or agrees to buy agricultural produce in the market area as notified under this Act; -105- (7) "bye-law" means a bye-law made by the market committee under this Act and Rules that may be made; (8) "broker" means an agent who, in consideration of a commission merely negotiates and brings about a contract for his principal trader but does not receive, deliver, transport or pay for the purchase of, or collect the payment for, the sale of notified agricultural produce; (9) "commission agent" means a Person, who, on behalf of his principal trader, and, in consideration of a commission or a percentage on the amount involved in such transaction, buys agricultural produce and makes payment, keeps it in his custody and delivers it to the principal trader in due course, or who receives and takes in his custody agricultural produce, sends for sale within the market area or from outside the market area, sells the same in the market area and collects payments thereof from the buyer and remits the sale proceeds to him principal trader; (10) "contract farming" means farming by a person called contract farming producer under a written agreement with another person called contract farming sponsor to the effect that the farmer will sell his farm produce to the latter as per terms of a written agreement; (11) "contract farming producer" means individual agriculturist or association of agriculturalist or a village council or a similar body in whom the ownership or control of agricultural lands vests temporarily or permanently, who, by written agreement, agrees to sell his/its agricultural produce to a contract farming sponsor; (12) "contract farming agreement" means the agreement made for contract farming between contract farming producer and contract farming sponsor; IT (13) "Deputy Commissioner" means the Deputy Commissioner of the district or any officer empowered to discharge the duties of the Deputy Commissioner under the provision of this Act; (14) "direct marketing" means selling and buying of the agricultural produces by the producers and buyers directly to and form, the entrepreneurs, company or dealers, producers without processing the transactions through normal market regulatory systems; (15) "Director" means the person appointed by the State Government as director of Agricultural Marketing and includes any officer performing his functions under the orders of the said Government. (16) "export" means dispatch of agricultural produce to a place outside India under the laws in force; -106-