Definitions

In this Act, unless there is anything repugnant in the subject or context,—

1. (a) “agricultural produce” means all produce, whether processed or not, of agriculture, horticulture, animal husbandry or forest as specified in the Schedule to this Act;
2. (b) “Board” means the Himachal Pradesh Marketing Board constituted under section 3;
3. (c) “broker” means an agent who in consideration of a commission, fee or reward merely negotiates and brings about a contract for the purchase or sale of notified agricultural produce on behalf of his principal but does not receive, deliver, transport, pay for the purchase of, or collect the payment for the sale of the notified agricultural produce;
4. (d) “committee” means a market committee established and constituted under sections 9 and 10;
5. (e) “Director” means the Director of Agriculture for Himachal Pradesh and includes any officer appointed by the State Government to perform all or any of the functions of the Director under this Act;
6. (f) “godown-keeper” means a person, other than a producer, who stores agricultural produce for himself for sale or stores agricultural produce of others in lieu of storage charges;
7. (ff) “licensee” means a person to whom a licence is granted under section 8 and the rules made under this Act and includes any person who buys or sells agricultural produce and to whom a licence is granted as Kacha Arhtia or commission agent or otherwise, but does not include a person licensed under section 11;
8. (g) “market” means a market established and regulated under this Act, for the notified market area and includes a market proper, a principal market yard and sub-market yard;
9. (h) “producer” means a person who, in his normal course of avocation, grows, manufactures, rears or produces, as the case may be, agricultural produce personally, through tenants or otherwise, but does not include a person who works as a dealer or a broker or who is a partner of a firm of dealers or brokers or is otherwise engaged in the business of disposal or storage of agricultural produce other than that grown, manufactured, reared or produced by himself, through his tenants or otherwise. If a question arises as to whether any person is a producer or not for the purposes of this Act the decision of the Deputy Commissioner of the district in which the person carries on his business or profession shall be final: Provided that no person shall be disqualified from being a producer merely on the ground that he is a member of a co-operative society; Explanation.—The term “producer” shall also include tenant;
   • (i) “dealer” means any person who, within the notified market area, sets up, establishes or continues or allows to be continued any place for the purchase, sale, storage or processing of agricultural produce notified under sub-section

1. (1) of section 4 or purchases, sells, stores or processes such agricultural produce;
   • (j) “market proper” means any area including all lands with the buildings thereon, within such distance of the principal market or sub-market yard, as may be notified in the Official Gazette by the State Government to be a market proper;
   • (jj) “member” includes the chairman of the Board;
   • (k) “co-operative society” means a co-operative society of producers registered under the provisions of the Co-operative Societies Act for the time being in force, which deals in the purchase, sale, processing or storage of agricultural produce, or is otherwise engaged in the business of disposal of agricultural produce;
   • (l) “State Government” or “Government” means the Government of Himachal Pradesh;
   • (m) “notification” means notification published under proper authority in the Rajpatra, Himachal Pradesh;
   • (n) “notified market area” means any area notified under section 4;
   • (o) “prescribed” means prescribed by rules made under this Act;
   • (p) “principal market yard” and “sub-market yard” mean an enclosure, building, locality or other area declared to be a principal market yard and sub-market yard under section 5;
   • (q) “trade allowance” includes an allowance having the sanction of custom in the notified market area concerned and market charges payable to various functionaries.
   • (r) “retail sale” means sale of agricultural produce not exceeding such quantity as may be prescribed; and “Secretary” means the executive officer of a committee and includes an Assistant Secretary or a person officiating or acting as Secretary.