Chapter I PRELIMINARY

संͯ¢Üत शीष[क, ͪवèतार और Ĥारंभ 1

1. (1) इसे “झारखंड राÏय कृͪष उपज और पशुधन ͪवपणन (संवध[न और सुͪवधा) अͬधǓनयम, 2022 कहा जाएगा ।
2. (2) इसका ͪवèतार पूरे राÏय मɅ होगा ।
3. (3) यह राÏय सरकार के ɮवारा, अͬधसूचना के माÚयम से, Ǔनधा[ǐरत Ǔतͬथ पर लागू होगा ।

Definition 2 In this Act, unless the context or subject indicates otherwise—

1. (1) "Administration" means the administration under the Jharkhand Pradesh;
2. (2) "Ad-hoc Buyer" includes the buyers to be registered under Section 79 of this Act;
3. (3) "Agricultural Produce" includes all products of agriculture, horticulture, apiculture, forest produce (excluding timber on private land), whether processed or not, as specified in the Schedule;
4. (4) "Agriculturist" means a person who is engaged in production of agricultural produce including animal husbandry by himself or by hired labor or otherwise, including the Raiyat. "Agriculturist" also includes the association of farmers, by whatever name called, registered under any law, and who are engaged in the aggregation of the produce of member farmers including livestock. (Explanation: If any question arises as to whether a person is an agriculturist or not, for the purpose of this Act, the decision of the District Collector/Deputy Commissioner/District Magistrate/the officer in-charge of land revenue of the district shall be final, regardless of the name by which such person is known, who is engaged in the production of agricultural produce and/or animal husbandry. Furthermore, the expressions of landholder and Raiyat shall have the meaning assigned to them in the relevant land reforms Act of the State of Jharkhand.)
5. (5) "Assaying Lab" means the establishment of a laboratory for testing quality parameters, professional standards, trade standards or any other parameters as notified by the competent authority in accordance with the prescribed rules/bye-laws/guidelines/instructions;
6. (6) "Board" means the Agricultural Marketing Board established by the State Government;
7. (7) "Buyer" means a person who, for himself or on behalf of any person or agent, buys or agrees to buy agricultural produce including livestock in the market;
8. (8) "Bye-laws" means, subject to any rules made by the Government of the State of Jharkhand under this Act, the bye-laws which the Market Committee can make regarding its own management, regulation of trade, and conditions of trade therein, for the Principal Market Yard and Sub-Market Yards or other Sub-Market Yards;
9. (9) "Cold Storage" means the cold storage declared as a market sub-yard under Section 12 of this Act;
10. (10) "Commission Agent" means a person who buys or sells agricultural produce including livestock on his own principal or facilitates buying and selling at primary and other levels of transaction and allied activities on E-platform or other methods, retains it in his custody and controls it during the process of sale or purchase, and if necessary, collects payment from the buyer and pays to the seller, and receives remuneration through commission or percentage on the amount involved in such transactions;
11. (11) "Collector" means the District Collector/Deputy Commissioner/District Magistrate;
12. (12) "Delimitation of Market Area" means the geographical area notified for the election of members of the Market Committee under Section 5 and doing the marketing related development work there;
13. (13) "Director" means the Agricultural Marketing Director appointed by notification by the Government of the State of Jharkhand to exercise and/or perform the powers or functions of the Agricultural Marketing Director under the provisions or rules of this Act, or any other officer as defined in the notification, excluding the Managing Director of the Agricultural Marketing Board of the Government of the State of Jharkhand;
14. (14) "Direct Marketing" in relation to agricultural produce means the direct wholesale purchase of agricultural produce from farmers by processors, exporters, wholesale buyers, etc., outside the Principal Market Yard, Sub-Market Yard, Private Market Yard, and Market Sub-Yard under Section 13 of this Act;
15. (15) "Electronic Trade" means registration, auction, billing, booking, contract, communication, exchange of information, record keeping, and other related activities done on a computer network/internet in an electronic form, in which notified agricultural produce including livestock is traded on a computer network/internet in an electronic form;
16. (16) "Electronic Trading Platform" means an electronic platform established by the Government of the State of Jharkhand or any person licensed to trade in notified agricultural produce including livestock by its agencies under Section 54 through any medium of electronic media or communication, in which registration, purchase and sale, billing, booking, contract, and bargaining are done online through a computer network/internet or any other such electronic device;
17. (17) "Export" means sending agricultural produce including livestock outside India;
18. (18) "Farmer-Consumer Market Yard" means the market yard established under Section 11 of this Act;
19. (19) "Farmer-Producer Company (FPC)" means a company of farmer-producer members as defined in Section
    • (IXA) of the Companies Act, 1956, with any amendment, re-enactment, and incorporated with the Registrar of Companies;
20. (20) "Government" means the Government of the State of Jharkhand;
21. (21) "Government/Administration Agency" means the Jharkhand State Agricultural Marketing Department/Directorate, Jharkhand State Agricultural Marketing Board (JSAMB), Agricultural Produce and Livestock Market Committee (APLMC) established or constituted under this Act;
22. (22) "License" means the license granted under the provisions of this Act;
23. (23) "Licensee" means a person who has obtained a license issued under the provisions of this Act;
24. (24) "Livestock" means cows, buffaloes, bulls, oxen, goats, and sheep as specified in the Schedule, and includes poultry, fish, and other such animals and products;
25. (25) "Managing Director" means the Managing Director of the Agricultural Marketing Board of the State appointed by the Government of the State of Jharkhand to exercise and/or perform the powers and functions of the Managing Director or Chief Administrator or Administrator or Chief Executive Officer or Secretary, or by whatever name it is known, or any other officer, excluding the Agricultural Marketing Director;
26. (26) "Market Committee" means the Agricultural Produce and Livestock Market Committee established under the provisions of this Act or under the existing regulation;
27. (27) "Marketing" in relation to agricultural produce means activities from the harvest of agricultural produce to the stage of reaching the final consumers such as grading, processing, storage, transport, distribution channels, and all other activities involved in the process;
28. (28) "Market Sub-Yard" means a warehouse/cold storage or such other structure or place which is declared as a Market Sub-Yard under Section 12 or is to be declared as a Market Sub-Yard;
29. (29) "Market Yard" in relation to Delimited Market Area means the Principal Market Yard, Sub-Market Yard, and Market Sub-Yard, notified by the Government/Administration in such Delimited Market Area, and managed and operated by the Agricultural Produce and Livestock Market Committee;
30. (30) "Market Yard of National Importance" means the market yard notified under Section 9 of this Act;
31. (31) "National Agricultural Market (e-NAM)" means an integrated market, without prejudice to any law for the time being in force, where purchase and sale of notified agricultural produce including livestock and related activities are carried out at any time and place in India using marketing utility;
32. (32) "Notified Agricultural Produce and Livestock" means the agricultural produce and livestock specified in the Schedule of the Act;
33. (33) "Over-trading" in relation to a trader means, at any time, a value of agricultural produce including livestock purchased which is more than the amount of security deposit deposited by him in the Market Committee or the amount of bank guarantee presented;
34. (34) "Person" includes an individual, a cooperative society, a Hindu Undivided Family, a company or firm or an association or body of individuals, whether incorporated or not;
35. (35) "Small Trader" in relation to agricultural produce means a non-licensed trader under this Act who cannot purchase or sell in retail agricultural produce in quantities greater than the notified quantity specified in this Act and notified by the Government of the State of Jharkhand;
36. (36) "Prescribed" means prescribed by the Rules and/or Bye-laws made under this Act;
37. (37) "Private Market Yard" means the market yard established under Section 10 of this Act;
38. (38) "Processing Unit" means the processing unit declared as Market Sub-Yard under Section 12 of this Act;
39. (39) "Processor" in relation to agricultural produce means such a person who processes any notified agricultural produce on his own account or on payment of a fee;
40. (40) "Registration" means registration for the purposes specified under the Act;
41. (41) "Regulation" means the regulation made by the Board under Section 98 in accordance with the provisions of this Act;
42. (42) "Retail Sale" in relation to a notified agricultural produce means the sale not exceeding the quantity specified in this Act and notified by the Government of the State of Jharkhand;
43. (43) "Revolving Marketing Development Fund" means the non-lapsable fund maintained by the Director under Section 112
44. (1) of this Act;
45. (44) "Rules" means the rules made by the Government of the State of Jharkhand under this Act;
46. (45) "Seller" means a person who sells or agrees to sell agricultural produce including livestock at a price;
47. (46) "Schedule" means the Schedule annexed to this Act;
48. (47) "Cold Storage" means the cold storage declared as Market Sub-Yard under Section 12 of this Act;
49. (48) "Special Commodity Market Yard" means the market yard notified under Section 8 of this Act;
50. (49) "Trader" means a person who, for the purpose of sale, processing, manufacturing, or any other purpose, excluding domestic consumption, buys notified agricultural produce, which also includes livestock, either by himself or as an agent for one or more persons, as the case may be;
51. (50) "Year" means the year notified by the Government of the State of Jharkhand;
52. (51) "Warehouse" means the Market Sub-Yard declared under Section 12 of this Act.