THE SIKKIM STATE AGRICULTURAL PRODUCE MARKETING {DEVELOPMENT & REGULATION} ACT, 2005

CHAPTER I 

Preliminary

Short title extent and commencement 

  (1)        ' This Act may be called "The Sikkim State Agricultural  Produce Marketing(Development and Regulation) Act, 2005

(2)        It extends to the whole of State of Sikkim.  
      
(3)        It shall come into force on the date of their   publication in the official Gazette. appoint

2.         In this Act, unless the context otherwise requires

Definition

 (1)        "Agricultural Produce" means all produce and Commodities, whether processed or unprocessed, of agriculture,horticulture, apiculture, sericulture, livestockand products of livestock, fleeces (raw wool) and skins of animals, forest produce etc. as are specified in the schedule or declared by the Government by notification from time to time and also
includes a mixture of two or more than two such products.

(2)        "Agriculturist" means a person who is aresident 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.If a question arises whether any person is an agriculturist or not for the purpose of this Act, the decision of the Collector of the District in which such person is engaged in the production or growth of agricultural produce shall be final.

|(3)               "Bill" means bill issued by the traders as. prescribed.

(4)               "Board" means the State Agricultural Marketing Board, established under section 60 of this Act.

(5)               "Business" means purchase-sale, processing, value addition, storage, transportation and connected activities of agricultural produce.

(6)               "Buyer" means a person, a firm, a company or cooperative society or Government Agency, Public Undertaking/ Public Agency or Corporation, Commission agent, 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.

(7)               "Bye-laws" means the bye-laws made by the Market Committee under this Act.

(8)               "Chief Executive Officer" means the Chief Executive Officer of a Market Committee appointed under Section 36.

(9)        "Collector" means the Collector of the district or any officer empowered to discharge the duties of the Collector under the provisions of this Act.
(10)      "Commission Agent" means a person who onbehalf of his principal trader and in consideration of a commission or 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 sent for sale within the market area or from outside the market area, sells the same in the market area and collects payment thereof from the buyer and remits the sale proceeds to his principal trader;

(11)           " Contract Farming" means farming by aperson called "Contract Farming Producer" under a written agreement with another person called "Contract Farming Sponsor" to the effect that his farm produce shall be purchased as specified in the agreement. Explanation: `Contract Farming Producer' means individual agriculturist or association of agriculturists by whatever name called registered under any law for the time being in force. In North Eastern States where the ownership or control over the agricultural lands lies with village panchayats or similar bodies legally recognized, such body will be treated as `Contract Farming Producer'.

(12)      "Contract Farming Agreement” means theagreement made for contract farming between Contract Farming Sponsor and Contract Farming Producer.

(13)      "Director" means the person appointed, by the State Government by notification, as Director of Agricultural Marketing and includes any officer or officers empowered by the State Government by notification, to exercise or perform such of the powers or functions of the Director under the. provisions of this Act or the Rules or the bye-laws made there under as may be specified in such notification.

(14)      "Export" means dispatch of agricultural produce outside India.

(15)      "Exporter" means such person/firm who exports agricultural produce.

(16)      "e-trading" means trading in which billing, booking, contracting, negotiating information exchange, record keeping and other connected activities are done electronically on computer network/internet.

(17)      "Hamal" means a laborer, hamal or coolie engaged for Dara-making, loading, unloading, filling, stitching, emptying or carrying any agricultural produce in the notified market area.

(18)      "Import" means bringing agricultural produce from outside India;

(19)      "Importers" means such person/firm who imports agricultural produce from outside India;

(20)      "License" means - license granted under this Act.

(21)      "Licensee" means a person or association, firm, company, public sector undertaking or society holding a license issued under this Act.

(22)      "Local authority" means for the purpose of representation on the Market Committee in relation to an area within the local units of (I) in any Municipal area, the Municipal Corporation, the Municipal Council, the Cantonment Board. the Sanitary Board, the Town Board, Town Improvement Trust or the notified committee or Local authority for the area; (ii) In any rural area, the Zila Parishad, the Village Panchayat, or Panchayat Samiti, Taluka Panchayat or the Nagar Panchayat, or Gaon/Gram Panchayat, Mokhum-Parishad or any other named `constituted under the Panchayat Act of respective state.

(23)      "Managing Director" means the managing director of The State Agricultural Marketing Board appointed under this Act.

(24)      "Market" means a market established under section 4 which includes market area, market yard/sub yards and Market Committee.

(25)      "Market Area" means area notified under section 4 of this Act.

(26)      "Market Charges" includes charges on account of or in respect of commission, brokerage, weighing, measuring, hammali (loading. unloading, and carrying), cleaning, drying, sieving, stitching, stacking, hiring, gunny bags, stamping, bagging, storing, warehousing, grading, surveying, transporting and processing.

(27)           "Market Committee” means the agricultural produce Market Committee established under this Act.

(28)           "Market Functionary" means a trader, a commission agent, buyer. Hamal, Processor. a stockiest, a trader and such other person as may be declared under the rules or bye-laws to be a market functionary.

(29)      "Market Yard" in relation to a market area means a specified place and includes any enclosures, buildings or locality declared as such in any market area by the State Government or the Director or the Managing Director by notification.

(30)      "Marketing" means all activities involved in the flow of Agricultural produce from the production points commencing from the stage of harvest till these reach the ultimate consumers viz. grading, processing,    storage. transport, channels of distribution and all other- functions involved in the process.

(31)      "Notified Agricultural Produce" means any agricultural produce notified under section 4 of this Act.       

(32)      "Other  Backward Classes" means the other backward classes of Citizens as specified by  the State Government from time to time;   

(33)      "Prescribed" means prescribed by rules made under this Act.

(34)      "Private Market Yard" means such place other than the market yard/sub market yard in the market area where infrastructure has been developed and managed by a person for marketing of notified agricultural produce holding a license for this purpose under this Act.  

(35)      "Processing" means any one or more of a series of treatments relating to powdering, crushing, decorticating, desusking, parboiling, polishing, grinding, pressing, and curing or any other manual, mechanical, chemical or physical treatment to which raw agricultural produce or its product is subjected to.

(36)      "Processor" means a person  who undertakes processing of any, notified agricultural produce on his own accord or on payment of a charge.

(37)      "Registration"  means registration done under this Act. '

(38)      "Regulation"  means  regulation made by the Board/Director, in accordance with the provisions of this Act.

(39)      "Retail  Sale" in relation to a notified agricultural produce means a sale not exceeding such quantity as the Market Committee may by bye-laws, determine to be a retail sale in respect thereof.

(40)      "Rules" means rules made under this Act by the State Government.    

(41)      "Scheduled Castes" and "Scheduled Tribes" shall carry the same meaning as assigned to them under clause (24) and (2~) respectively of Article 366 of the Constitution of India;

(42)      "Seller" means a person who sells or agrees to sell any agricultural produce.

(43)      "Special Market" means a market notified as such and includes special commodity market.

(44)      "Sub-Market yard" in relation to a market area means a specified place other than Market Yard and includes ' any enclosure, building or locality, declared as such in any market area by the State Government or the Director /Managing Director by notification.

(45)      "Trader" means a person who in his normal course of business buys or sells any notified agricultural produce, and includes a person engaged in processing of agricultural produce, but does not include an agriculturist.

(46)      "Transportation" means taking agricultural produce by truck or other vehicle in course of business for marketing from one place to another;

(47)      "Transporter" means a person who transports agricultural produce.

(48)      "Value addition" means processing, grading, packing or other activities due to which value is added to agricultural produce.

(49)"Year" means the year as may be notified by the Government from time to time.

(50)“Schedule” means Schedule prepared by under the Act.

(51)      “Market Committee Fund” means any money received by the Market Committee by way of arbitration fee or security deposit and other fund  prescribed in the rules and bye-laws.