Chapter I Chapter I

(1) This Act may be called the Gujarat Agricultural Produce Markets Act, 1963. (2) It extends to the whole of the State of Gujarat. (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

In this Act, unless the context otherwise requires— (i) “agricultural produce” means all produce, whether processed or not, of agriculture, horticulture and animal husbandry, 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 or growth of agricultural produce, but does not include a trader or broker in agricultural produce although such a trader or broker may also be engaged in the production or growth of agricultural produce; (ii-a) “Board” means the Gujarat State Agricultural Marketing Board established under section 34; (iii) “broker” means an agent whose ordinary course of business is to negotiate and make contracts on payment of commission for purchase or sale of agricultural produce on behalf of his principal but does not include a servant of such principal whether engaged in negotiating or making such contracts ; (iv) “bye-law” means a bye-law made under section 60; (v) “co-operative marketing society” means a society registered or deemed to be registered as such under the Gujarat Co-operative Societies Act, 1961 and engaged in the business of buying or selling of agricultural produce or of processing of agricultural produce and holding a licence; (v-a) “Development Fund” means the State Agricultural Marketing Development Fund established under section 34L; (vi) “Director” means the Director of Agricultural Marketing and Rural Finance, Gujarat State ; (vii) “general commission agent’’ means a trader who bona fide buys or sells or offers to buy or sell for an agreed commission, any agricultural produce on behalf of another person and does or offers to do anything necessary for completing and carrying out the transaction of such sale or purchase ; (viii) “joint family” means an undivided Hindu family and in the case of persons other than Hindus a group or unit the members of which are by custom joint in estate or residence ; (ix) “licence” means a licence granted under section 6 or, as the case may be, a general or special licence granted under section 27 ; (x) “licensee” means a person holding a general licence under this Act; (xi) “local authority” means— (a) a corporation constituted under the Bombay Provincial Municipal Corporations Act, 1949; or (b) a municipality constituted or deemed to be constituted under— (i) the Bombay District Municipal Act, 1901, or that Act as adapted and applied to the Saurashtra area; or (ii) the Bombay Municipal Boroughs Act, 1925 or that Act as adapted and applied to the Saurashtra area or that Act as applied to the Kutch area; or (c) a village panchayat constituted or deemed to be constituted under the Bombay Village Panchayats Act, 1959 or a gram panchayat or nagar panchayat constituted under the Gujarat Panchayats Act, 1961; (xii) “market” means a market declared or deemed to be declared under this Act ; (xiii) “market area” means any area declared or deemed to be declared to be a market area under this Act ; (xiv) “market committee” means a market committee established or deemed to be established under this Act ; (xv) “market proper” means any area declared or deemed to be declared to be a market proper under this Act ; (xvi) “prescribed” means prescribed by rules made under section 59; (xvii) “principal market yard” means an enclosure, building or locality declared or deemed to be declared to be a principal market yard under this Act ; (xvii-a) “regulations” means regulations made under section 59A; (xviii) “retail sale” means a sale of any agricultural produce not exceeding such quantity as a market committee may by bye-laws determine to be a retail sale in respect of such agricultural produce ;

(1) Should a question arise whether or not any person is an agricul- turist for the purposes of this Act, the Director shall decide the matter. (2) Any person aggrieved by the decision of the Director may file an appeal to the- State Government within sixty days from the date of such decision. (3) The decision of the State Government under sub-section (2) and sub- ject thereto the decision of the Director under sub-section (1) shall be final.